Document ID: chunk:federal_register_of_legislation:C2016C00143:section:4:p5
Version: federal_register_of_legislation:C2016C00143
Segment Type: section
Provision Reference: s 4 (pt 5/6)
Character Range: 17510–20030

existence by section 134 of the Veterans' Entitlements Act 1986 continues, notwithstanding the repeals effected by section 3 of that Act, to have, in relation to decisions made under the repealed Acts with respect to pensions to which subsection (6) or (8B) of this section applies, all the powers, and may exercise the jurisdiction, conferred on it by the repealed Acts.
 (9) Where:
 (a) a pension had been granted to a person under a repealed Act from a date before 1 November 1978 in respect of incapacity caused by pulmonary tuberculosis; and
 (b) that pension continues to be payable to the person on and after the commencing date as if it had been granted under the Veterans' Entitlements Act;
the rate of that pension shall not be less than the general rate.
 (10) Where:
 (a) a veteran dies on or after the commencing date;
 (b) the widow of the veteran does not become eligible, by reason of the death of the veteran, to receive a pension under Part II of the Veterans' Entitlements Act; and
 (c) the widow continues, after the death of a veteran, to be paid a pension by virtue of subsection (6) of this section as the widow of the veteran;
the widow shall, forthwith after she re‑marries or marries, notify the Secretary, in writing, that she has married or re‑married and the date of the marriage or re‑marriage.
Penalty: $1,000 or imprisonment for 6 months, or both.
 (11) Where, before the commencing date:
 (a) a claim had been made by a member of the Forces for a pension under a repealed Act; and
 (b) a decision had been made under the repealed Act in respect of the claim:
 (i) granting a pension to the member in respect of incapacity from an injury or disease, but assessing the rate of that pension at a nil rate; or
 (ii) determining, expressly or by necessary implication, that the member was eligible to be granted a pension in respect of incapacity from an injury or a disease, or both, but refusing to grant a pension to the member on the ground that the extent of the incapacity of the member from that injury or disease, or both, was insufficient to justify the grant of a pension;
the Veterans' Entitlements Act applies to and in relation to that member as if that injury had been determined under that Act to be a war-caused injury or that disease had been so determined to be a war-caused disease, as the case requires.
 (12) Subsection (11) applies to a member of the Forces, or a member of a Peacekeeping Force, as defined by section 107J of the Repatriation Act as if:
 (a) a reference