Document ID: chunk:federal_register_of_legislation:C2024C00866:section:38:p4
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 38 (pt 4/6)
Character Range: 468818–471375

or
 (d) the following apply:
 (i) at any time before the veteran's death, the person became divorced from the veteran;
 (ii) immediately before the divorce, paragraph (1AA)(a) applied in relation to the person and the veteran;
 (iii) the person has not been a member of a couple at any time on or after the first day on which the person was living separately and apart from the veteran on a permanent basis and before the veteran's death; or
 (e) the following apply:
 (i) at any time before the veteran's death, a relationship, described in subparagraph (b)(i), between the person and the veteran ceased to be registered under a law of the State or Territory concerned;
 (ii) immediately before the cessation, paragraph (1AA)(b) applied in relation to the person and the veteran;
 (iii) the person has not been a member of a couple at any time on or after the first day on which the person was living separately and apart from the veteran on a permanent basis and before the veteran's death.
 (1A) For the purposes of subsection (1), a disqualifying provision is a section of this Part or of Part IIIB or IIIC that has the effect that an age service pension or an invalidity service pension that would otherwise be payable to a person is not, or ceases to be, payable.
 (1B) Subject to subsections (1C) and (1D), a person is not eligible for a partner service pension under subsection (1) unless the person:
 (a) has a dependent child when he or she makes a claim for the pension; or
 (b) if subsection (1BA) applies in relation to the person—has reached 50 years of age; or
 (c) has reached qualifying age.
Note: For qualifying age see section 5Q.
 (1BA) This subsection applies in relation to a person if:
 (a) paragraph (1)(a) or (f) applies in relation to the person; and
 (b) one of the following applies:
 (i) the veteran concerned is a veteran to whom subsection 22(4) or section 23 or 25 applies;
 (ii) the veteran concerned is a veteran to whom section 22 applies who is in receipt of a pension the rate of which has been increased because the pension is in respect of an incapacity described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1);
 (iii) the veteran concerned suffers an impairment (within the meaning of the MRCA) and the Military Rehabilitation and Compensation Commission has determined under Part 2 of Chapter 4 of the MRCA that the impairment constitutes at least 80 impairment points (within the meaning of the MRCA).
 (1C) Subsection (1B) does not apply to a person:
 (a) whose claim for a partner service pension had