Document ID: chunk:federal_register_of_legislation:C2016C00143:section:4:p3
Version: federal_register_of_legislation:C2016C00143
Segment Type: section
Provision Reference: s 4 (pt 3/6)
Character Range: 12586–15216

the Forces, or of that member of a Peacekeeping Force, as the case may be, had been determined, under the Veterans' Entitlements Act, to be defence‑caused.
 (6) Subject to section 6 of this Act, where a person was, immediately before the commencing date, in receipt of a pension under a repealed Act by virtue of the operation of subsection 66(2) of the Repatriation Legislation Amendment Act 1985, that pension continues to be payable to the person under and in accordance with the provisions of the repealed Acts as if those Acts had not been repealed by the Veterans' Entitlements Act and the amendments and repeals referred to in that subsection had not been made, and, without limiting the generality of the foregoing but subject to subsections (7) and (8) of this section, action by way of:
 (a) reviewing a decision with respect to that pension whether made before, on or after the commencing date;
 (b) re-assessing the rate of that pension; or
 (c) suspending or cancelling that pension;
may be taken in accordance with the provisions of the repealed Acts as if they had not been repealed and the amendments and repeals previously referred to had not been made.
 (7) Where a pension is payable by virtue of subsection (6), the rate at which it is payable is, subject to subsections (7A) and (8), the rate at which it was payable immediately before the commencing date.
 (7A) Where a pension is payable by virtue of subsection (6) and, immediately before the commencing date, the pension was payable at a rate that had been reduced, but had not been reduced to nil, in consequence of the operation of section 107R of the Repatriation Act, the rate at which that pension is payable is:
 (a) subject to paragraph (b) of this subsection, the rate at which, immediately before the commencement of subsection 66(2) of the Repatriation Legislation Amendment Act 1985, that pension would have been payable but for the operation of section 107R of the Repatriation Act; or
 (b) if that section did not then apply to the rate of that pension, the rate at which, immediately before the commencement of subsection 66(2) of the Repatriation Legislation Amendment Act 1985, that pension was payable;
reduced to the extent (if any) required from time to time by reason of the operation of section 107R of the Repatriation Act.
 (8) Subsections (7) and (7A), and paragraph (8B)(b), do not apply to a pension the rate of which was, immediately before the commencing date, fixed by reference to the provisions of the Social Security Act 1947.
 (8A) Subsection (8B) applies to a pension that had been granted to a person as a dependant of a