Document ID: chunk:federal_register_of_legislation:C2004A04771:section:1940:p5
Version: federal_register_of_legislation:C2004A04771
Segment Type: section
Provision Reference: s 1940 (pt 5/23)
Character Range: 223361–225796

before 1 July 1994;

the claim has effect, on and after 1 July 1994, as if it were a claim made under the VEA on the claim day for travelling expenses under section 110 of the VEA.

  (4) If:

  (a) subsection (1), (2) or (3) applies to a claim; and

  (b) the claim is granted under the VEA; and

  (c) the determination granting the claim has a date of effect before 1 July 1994;

the payment of instalments or other monies during the period that starts on the date of effect of the determination and ends on 30 June 1994 is to be made under the VEA and the person making the claim has no rights under the SWPA or the SWPA regulations arising from the claim.

  (5) In this section, "claim" includes an application.

Saving of requests for medical treatment and advance of loss of earnings allowance

  56.(1) If:

    (a) a person made a request, on a day ("request day") before 1 July 1994, for medical treatment under Division 2 of Part IV of the SWPA regulations to be authorised or approved; and

  (b) the request was not determined before 1 July 1994;

the request has effect, on and after 1 July 1994, as if it were a request made under the VEA on the request day for treatment under Part V of the VEA to be authorised or approved.

  (2) If:

    (a) a person made a request, on a day ("request day") before 1 July 1994, for payment of an advance of a loss of earnings allowance under regulation 39B of the SWPA regulations to be authorised; and

  (b) the request was not determined before 1 July 1994;

the request has effect, on and after 1 July 1994, as if it were a request made under the VEA on the request day for payment of an advance of a loss of earnings allowance under section 109 of the VEA to be authorised.

  (3) If:

  (a) subsection (1) or (2) applies to a request; and

  (b) the request is granted under the VEA; and

    (c) the determination granting the request has a date of effect before 1 July 1994;

the payment of monies during the period that starts on the date of effect of the determination and ends on 30 June 1994 is to be made under the VEA and the person making the request has no rights under the SWPA or the SWPA regulations arising from the request.

Investigations of claims by Secretary

57. If, before 1 July 1994, the Secretary has not completed an investigation under section 26A of the SWPA in relation to:

  (a) a claim for a pension under the SWPA; or

    (b) an application