Document ID: chunk:federal_register_of_legislation:C2024C00866:clause:5_9
Version: federal_register_of_legislation:C2024C00866
Segment Type: clause
Provision Reference: sch 5 cl 9
Character Range: 2015049–2016708

9  Transitional provisions applicable to the amendments relating to amounts in respect of children
 (1) If:
 (a) a determination is made on or after 1 January 1998 that a claim for a service pension or income support supplement is to be granted; and
 (b) because of section 36M or 45R, the determination takes effect before that date; and
 (c) had the amendments made by Schedule 1 to the Veterans' Affairs Legislation Amendment (Budget and Simplification Measures) Act 1997 not been made, an instalment of the pension or supplement that was payable on a pension pay‑day that occurred before that date would have included a child‑related amount;
the instalment is to include that amount.
 (2) If the amount of an instalment of a service pension or income support supplement that was payable on a pension pay‑day before 1 January 1998 would, had the amendments made by Schedule 1 to the Veterans' Affairs Legislation Amendment (Budget and Simplification Measures) Act 1997 not been made, be taken to have been increased so as to include a child‑related amount, the instalment is taken to have been so increased.
 (3) In this clause:
child‑related amount, at any relevant time, means an amount that was required at that time to be included in a service pension under Module C or Module D (as Module C or Module D was affected by Module DAA) of the Service Pension Rate Calculator at the end of section 42, or in an income support supplement under Module F or Module G (as Module F or Module G was affected by Module H) of the Income Support Supplement Rate Calculator at the end of section 45Y, of the Veterans' Entitlements Act 1986 as in force at that time.