Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection (2), a claim is not a proper claim unless the veteran making the claim, or on whose behalf the claim is being made, is:
(a) an Australian resident; and
(b) in Australia;
on the day on which the claim is lodged.
Note: For Australian resident see section 5G.
(2) Subsection (1) does not apply to a veteran's claim if:
(a) the veteran is outside Australia and is receiving:
(i) age service pension; or
(ii) partner service pension; or
(iii) income support supplement; or
(iiia) veteran payment; or
(iv) a social security pension; and
(b) the veteran would, if that pension, supplement or payment were cancelled, be eligible for invalidity service pension.
Note 1: If the veteran ceases to be an Australian resident after having made a proper claim and after having met all the eligibility requirements (section 37), the veteran's eligibility is not affected.
Note 2: For social security pension see subsection 5Q(1).