Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

VETERANS' ENTITLEMENTS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986 - SECT 8

Existing service pensions

  (1)   Where a person who was a member of the Forces was, immediately before the commencing date, in receipt of a service pension under a repealed Act, the Veterans ' Entitlements Act applies to and in relation to the person as if :

  (a)   that service pension had been granted to the person under Part   III of the Veterans ' Entitlements Act ; and

  (b)   that person had been determined, under the Veterans ' Entitlements Act , to be a veteran as defined by paragraph (a) or (b) of the definition of veteran in subsection 5C(1) .

  (2)   Where a person was, immediately before the commencing date, in receipt of a service pension under a repealed Act by reason that the person was the partner or non-illness separated wife of a member of the Forces or the widow of a deceased member of the Forces, the Veterans ' Entitlements Act applies to and in relation to the person as if :

  (a)   that service pension were a wife service pension that had been granted to the person under Part   III of the Veterans ' Entitlements Act ; and

  (b)   that member of the Forces had been determined, under the Veterans ' Entitlements Act , to be a veteran as defined by paragraph (a) or (b) of the definition of veteran in subsection 5C(1) .

  (3)   Where a person was, immediately before the commencing date, in receipt of a service pension under section   85AA of the Repatriation Act (including that section in its application by virtue of Division   5A, 5B, 5C, 5D, 6, 7, 8 or 9 of Part   III of that Act or of sub section   7(2) of the Repatriation (Special Overseas Service) Act 1962 ), the Veterans ' Entitlements Act applies to and in relation to the person as if that service pension were a carer service pension that had been granted to the person under Part   III of the Veterans ' Entitlements Act .

  (4)   In this section, unless the contrary intention appears :

  (a)   a reference to a member of the Forces (including a deceased member of the Forces) shall be read as a reference to a member of the Forces within the meaning of :

  (i)   Division   5, 6, 7, 8 or 9 of Part   III of the Repatriation Act; or

  (ii)   the Repatriation (Special Overseas Service) Act 1962 ;

    and as including a reference to a person who was :

  (iii)   a member of the Forces of a Commonwealth country within the meaning of Division   5A of Pa rt   III of the Repatriation Act;

  (iv)   a member of the Forces of an allied country within the meaning of Division   5B of Part   III of the Repatriation Act;

  (v)   an Australian mariner who has served in a theatre of war within the meaning of Division   5C of Part   III of the Repatriation Act;

  (vi)   a Commonwealth mariner, or an allied mariner, within the meaning of Division   5D of Part   III of the Repatriation Act; or

  (vii)   a person to whom Division   6, 7, 8 or 9 of Part   III extends by virtue of section   102, 107, 107D or 107G, as the case requires, of the Repatriation Act ;

  (b )   partner, non-illness separated wife and widow have the same meanings as in section 5E of the Veterans' Entitlements Act; and



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback