Document ID: chunk:federal_register_of_legislation:C2004A04771:section:1940:p10
Version: federal_register_of_legislation:C2004A04771
Segment Type: section
Provision Reference: s 1940 (pt 10/23)
Character Range: 234700–237261

a person had been paid a lump sum amount under subsection 23(3) of the SWPA in respect of an injury, any pension in respect of that injury that would, apart from this subsection, be payable to the person under the VEA on and after 1 July 1994 is not payable.

Medical treatment for widows

67. If, immediately before 1 July 1994, a person was eligible for medical treatment because of a determination under subregulation (2) or (3) of the Seamen's War Pensions and Allowances Regulations 1985, No. 271, the person is eligible, on and after 1 July 1994, to be provided with treatment under Part V of the VEA as if the person were a dependant of a veteran whose death was war caused.

Application of sections 52 and 54 affected by review begun after commencement

  68.(1) This section applies to a review of a decision if:

  (a) after this section commenced:

        (i) an application for the review is made under subsection 135(1) of the VEA; or

        (ii) a request for the review is made under subsection 115(1) of the VEA; or

        (iii) an application for the review is made under subsection 175(1) of the VEA; or

        (iv) the Commission initiates the review under section 31 of the VEA; and

  (b) the review:

        (i) deals with a determination made on a day ("determination day") before 1 July 1994 under the SWPA or the SWPA regulations and that is taken under section 52 of this Act to be a determination made under the VEA on 1 July 1994; or

        (ii) deals with an instrument made on a day ("instrument day") before 1 July 1994 under the SWPA or the SWPA regulations and that is taken under section 54 of this Act to be an instrument made under the VEA on 1 July 1994; or

        (iii) is of a decision made in response to a review of such a determination or instrument.

(2) If this section applies to a review of a decision, for the purposes of the review:

    (a) the determination is taken to have been made on the determination day; and

  (b) the instrument is taken to have been made on the instrument day.

      PART 4—AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO DIVISION 7 OF PART 2

Principal Act

  69. In this Part, "Principal Act" means the Social Security Act2.

Multiple entitlement exclusion

70. Section 47 of the Principal Act is amended by adding at the end the following subsections:

  "(3) An age pension is not payable to a person who:

  (a) is an armed services widow or an armed services widower; and

    (b) is receiving a pension under Part II or IV of the Veterans' Entitlements Act