Document ID: chunk:federal_register_of_legislation:C2024C00866:section:37
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 37
Character Range: 444691–447126

37  Eligibility for invalidity service pension
 (1) Subject to subsection (6), a person is eligible for an invalidity service pension if the person:
 (a) is a veteran; and
 (b) has rendered qualifying service; and
 (c) is permanently incapacitated for work in accordance with a determination under section 37AA.
Note 1: For veteran see subsection 5C(1).
Note 2: For qualifying service see section 7A.

Additional eligibility criterion for Commonwealth veterans, allied veterans and allied mariners
 (3) Subject to subsection (3A), a person who is a veteran by reason only of being a Commonwealth veteran, an allied veteran or an allied mariner must, in addition to meeting the requirements of subsection (1), have been an Australian resident for a continuous period of at least 10 years.
 (3A) Subsection (3) does not apply to:
 (a) a refugee; or
 (b) a former refugee.
 (4) For the purpose of applying subsection (3), where:
 (a) a veteran has been an Australian resident during more than one period; and
 (b) the longer or longest of those periods is less than 10 years but is not less than 5 years; and
 (c) the aggregate of those periods is more than 10 years;
in the application of subsection (3) to the veteran, the period of 10 years specified in that subsection is to be reduced by a period equal to the period by which the aggregate is more than 10 years.
 (5) Subsection (3) does not apply to a veteran if:
 (a) the veteran became permanently incapacitated for work while the veteran was an Australian resident; and
 (b) the veteran's permanent incapacity for work was not brought about with a view to obtaining a service pension or a social security pension; and
 (c) the veteran does not have an enforceable claim against any person, under any law or contract, for adequate compensation in respect of the permanent incapacity.
 (6) If:
 (a) a veteran lodges a proper claim for an invalidity service pension before meeting the eligibility requirements referred to in subsection (1); and
 (b) the veteran ceases to be an Australian resident after lodging the claim and before the claim is determined;
the veteran is not eligible for invalidity service pension unless:
 (c) the day on which the veteran met all the eligibility requirements; and
 (d) the day from which invalidity service pension would, if the claim were granted, be payable;
are earlier than the day on which the veteran ceased to be an Australian resident.