Document ID: chunk:federal_register_of_legislation:C2004A04837:section:530:p24
Version: federal_register_of_legislation:C2004A04837
Segment Type: section
Provision Reference: s 530 (pt 24/35)
Character Range: 97545–100375

following subsection:

    "(3A) A funeral benefit is not to be granted under subsection (2) in respect of a veteran if a funeral benefit has been granted to his or her estate under section 98B.".

Repeal of section 99A

30. Section 99A of the Principal Act is repealed.

Time for applying for funeral benefit

31. Section 113 of the Principal Act is amended:

    (a) by omitting subparagraphs (2)(b)(i) and (ii) and substituting the following subparagraphs:

        "(i)  at a rate that is increased under subsection 22(4); or

        (ii)  at a rate that is worked out under section 24; or

        (iii)  at a rate that is worked out under section 27 because the veteran was suffering from incapacity from a war-caused injury or a war-caused disease of a kind described in any of items 1 to 8 of the Table in subsection 27(1); or";

    (b) by omitting subparagraphs (2)(c)(i) and (ii) and substituting the following subparagraphs:

        "(i) to a rate worked out under subsection 22(4) or section 24; or (ii) to a rate worked out under section 27 because the veteran was suffering from incapacity from a war-caused injury or a war-caused disease of a kind described in any of items 1 to 8 of the Table in subsection 27(1);".

Division 5—Payment of expenses incurred by applicants to Veterans' Review Board

Application

32. This Division applies to:

    (a) relevant documentary medical evidence that is submitted to the Board after the commencement of this Division; and

    (b) relevant documentary medical evidence that:

        (i) was submitted to the Board before the commencement of this Division; and

        (ii) is relevant to a review pending before the Board on the commencement of this Division.

Interpretation

33. Section 133 of the Principal Act is amended by inserting the following definition:

" 'relevant documentary medical evidence', in relation to an application, means certificates, reports or other documents from:

    (a) a medical practitioner; or

    (b) a hospital, or similar institution, in which the applicant has received medical treatment;

concerning a medical condition of the applicant and reasonably used in support of the application.".

Insertion of sections

34. After section 170 of the Principal Act the following sections are inserted:

Medical expenses

"170A.(1) The Commonwealth may, subject to this section, pay to an applicant for a review an amount to cover the medical expenses incurred by him or her in respect of relevant documentary medical evidence submitted to the Board for the purposes of the review.

"(2) Subsection (1) does not apply to any relevant documentary medical evidence obtained before the day on which a copy or notice of the decision that is subject to review was served on the applicant under section 135.

"(3) The applicant is not to be