Commonwealth Consolidated Acts

VETERANS' ENTITLEMENTS ACT 1986 - SECT 38B

Provisional commencement day

  (1)   A partner service pension is not payable to a person before the person's provisional commencement day.

  (1A)   Subject to subsections   (2) and (3), a person's provisional commencement day is the day on which the person claims the partner service pension.

Initial incorrect claim followed by proper claim

  (2)   If:

  (a)   a person makes a claim (in this subsection called the initial claim ) for partner service pension; and

  (b)   the claim is not a proper claim; and

  (c)   on the day on which the person makes the initial claim, the person is eligible for partner service pension; and

  (d)   the person subsequently makes a proper claim:

  (i)   within 3 months after being notified that the initial claim was not a proper claim; or

  (ii)   if the person was not so notified--at any time;

then the person's provisional commencement day is the day on which the initial claim was lodged.

After a person makes a claim, the person's partner becomes a special rate disability pensioner

  (3)   If:

  (a)   a person makes a claim for partner service pension; and

  (b)   that claim is refused; and

  (c)   that claim would not have been refused if, on the day on which the claim was made, the person's partner was a veteran to whom section   24 applied; and

  (d)   after that claim is refused, the Secretary notifies the person's partner that he or she is a veteran to whom section   24 applies; and

  (e)   within 3 months after that notification, the person makes another claim for partner service pension;

then the person's provisional commencement day is the later of:

  (f)   the day the person made the claim referred to in paragraph   (a); and

  (g)   the day the person's partner became a veteran to whom section   24 applies.