Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where :
(a) a claim for a pension, not being a service pension;
(b) an application for such a pension or for an increase in the rate of such a pension;
(c) a claim for a service pension (including remote area allowance and rent assistance); or
(d) an application for an allowance or other benefit of a kind to which Division 2 of Part VI of the Veterans ' Entitlements Act applies ;
had been received at an address of the Department before the commencing date but had not been determined before that date, the claim or application shall be dealt with and determined under the Veterans ' Entitlements Act as if it had been made under that Act.
(2) For the purposes of the application of subsection ( 1) in relation to a claim or application :
(a) a claim that was in accordance with a form approved by the Commission for the purposes of subsection 25(1) of the Repatriation Act shall be deemed to be in accordance with a form approved by the Com mission for the purposes of sub section 14(3) of the Veterans ' Entitlements Act ;
(b) an application that was in accordance with a form approved by the Commission for the purposes of sub section 26(3) of the Repatriation Act shall be deemed to be in accordance with a form approved by the Commission for the purposes of sub section 15 (3) of the Veterans ' Entitlements Act ;
(c) a claim that was in accordance with a form approved by the Commission for the purposes of section 88 of the Repatriation Act shall be deemed to be in accordance with a form approved by the Commission for the purposes of subsection 43(1) of the Veterans ' Entitlements Act ;
(d) an application that was duly made for the purposes of whichever of the prescribed regulations was applicable shall be deemed to be in accordance with a form approved by the Commission for the purposes of sub section 111(2) of the Veterans ' Entitlements Act ; and
(e) an approval given, investigation carried out, decision made or act or thing done for the purposes of, or in connection with, the claim or application before the commencing date shall, by force of this section, have the force and effect, on and after that date, for the purposes of consideration and determination of the claim or application under the Veterans ' Entitlements Act , that it would have if that Act had been in operation when it was given, carried out, made or done and it had been given, carried out, made or done under, and for the purposes of consideration and determination of the claim or application under, that Act.
(3) Subsection ( 1) does not apply to a claim or application that had been received at an address of the Department before the commencing date but was, before that date, deemed, by force of sub section 29A(4) or (5) of the Repatriation Act, to have been refused.
(4) Where a claim or application to which subsection ( 1) applies is granted, payment of the pension, service pension, allowance or other benefit to which it relates may be approved from a date determined in accordance with the relevant provisions of the Veterans ' Entitlements Act , including a date before the commencing date.
(5) For the purpose of paragraph ( 2)(d) :
(a) the Repatriation Regulations;
(b) the Interim Forces Benefits Regulations;
(c) the Repatriation (Far East Strategic Reserve) Regulations; and
(d) the Repatriation (Special Overseas Service) Regulations ;
are each prescribed regulations.