Document ID: chunk:federal_register_of_legislation:C2024C00866:section:36
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 36
Character Range: 429571–431427

36  Eligibility for age service pension
 (1) Subject to subsection (4), a person is eligible for an age service pension if the person:
 (a) is a veteran; and
 (b) has rendered qualifying service; and
 (c) has reached pension age.
Note 1A: For veteran see subsection 5C(1).
Note 1: For qualifying service see section 7A.
Note 2: For pension age see section 5QA.

Additional eligibility criterion for Commonwealth veterans, allied veterans and allied mariners
 (2) Subject to subsection (2A), 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.
 (2A) Subsection (2) does not apply to:
 (a) a refugee; or
 (b) a former refugee.
 (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 (2) 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.
 (4) If:
 (a) a veteran lodges a proper claim for an age 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 age service pension unless:
 (c) the day on which the veteran met all the eligibility requirements; and
 (d) the day from which age 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.