Document ID: chunk:federal_register_of_legislation:C2024C00866:section:85:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 85 (pt 1/5)
Character Range: 1311253–1313816

85  Veterans eligible to be provided with treatment
 (1) Where a determination under this Act is in force determining that an injury suffered by a veteran is a war‑caused injury or that a disease contracted by a veteran is a war‑caused disease, the veteran is eligible to be provided with treatment under this Part for that injury or disease from and including:
 (a) the date as from which a pension, or increased pension, is granted to the veteran under Part II in respect of his or her incapacity from that injury or disease; or
 (b) the date as from which such a pension or increased pension would have been granted to the veteran if the extent of the incapacity of the veteran from the injury or disease had not been insufficient to justify the grant of, or increase of, a pension under Part II.
Note: A veteran might stop being eligible to be provided with treatment under this Part for an injury or disease if the veteran is entitled to treatment under the MRCA for the injury or disease (see sections 85A and 85B of this Act).
 (2) A veteran is eligible to be provided with treatment under this Part for malignant neoplasia or pulmonary tuberculosis from and including the date that is 3 months before the date on which the application to be provided with that treatment is lodged at an office of the Department in Australia in accordance with section 5T.
Note 1: A veteran or other person may be eligible to be provided with treatment under this Part for mental health conditions (such as post‑traumatic stress disorder, alcohol use disorder or substance use disorder) and other conditions under a determination made under section 88A.
Note 1A: A veteran or other person may be eligible to be provided with treatment, being treatment that is the provision of services under the program established by the Commonwealth and known as the Veteran Suicide Prevention pilot, in accordance with section 88B.
Note 2: A veteran might stop being eligible to be provided with treatment under this Part for an injury or disease if the veteran is entitled to treatment under the MRCA for the injury or disease (see sections 85A and 85B of this Act).
 (2A) A person is eligible to be provided with treatment under this Part for an injury (within the meaning of the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988) if, as a result of table item 3 of the table in subsection 144B(3) of that Act, this subsection applies to the person and the injury.
 (3) Where a veteran:
 (a) is in receipt of a pension under Part II at the general rate or at a