Document ID: chunk:federal_register_of_legislation:C2004A04771:section:1940:p3
Version: federal_register_of_legislation:C2004A04771
Segment Type: section
Provision Reference: s 1940 (pt 3/23)
Character Range: 218791–221324

if it were a determination made under the VEA on that day authorising or approving treatment under Part V of the VEA.

(5) If a determination granting a claim for travelling expenses under Division 2 of Part IV of the SWPA regulations was in force immediately before 1 July 1994, the determination has effect, on and after 1 July 1994, as if it were a determination made under the VEA on that day granting a claim for travelling expenses under section 110 of the VEA.

(6) If a determination authorising payment of an advance of a loss of earnings allowance under regulation 39B of the SWPA regulations was in force immediately before 1 July 1994, the determination has effect, on and after 1 July 1994, as if it were a determination under the VEA authorising payment of an advance of a loss of earnings allowance under section 109 of the VEA.

(7) If a review referred to in section 58, 59, 60, 61 or 62 of this Act deals with:

  (a) a determination referred to in this section; or

  (b) a decision made in response to a review of such a determination;

this section does not apply to the determination.

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

Continuation of pensions payable without determinations

53.(1) If, immediately before 1 July 1994, a pension under subsection 17A(1) of the SWPA was payable to a person, the pension continues to be payable to the person, on and after 1 July 1994, as if it were a pension under subsection 13(2) of the VEA.

    Note: A person is not required to make a claim for a pension under subsection 17A(1) and the pension is payable without the Commission having to make a determination. This is also the case for a pension under subsection 13(2).

  (2) If, immediately before 1 July 1994:

    (a) a pension under subsection 17A(1A) of the SWPA was payable to a person; and

    (b) a determination was not in force under section 26A of the SWPA for the person because of subsection 25A(1A) of that Act;

the pension continues to be payable to the person, on and after 1 July 1994, as if:

  (c) the pension were a pension under subsection 13(2A) of the VEA; and

    (d) a determination under section 19 of the VEA for the person were not necessary because of subsection 13A(1A) of that Act.

Instruments in force on 30 June 1994

  54.(1) If:

    (a) an instrument made under a provision of the SWPA or the SWPA regulations was in force immediately before 1 July 1994; and

    (b) a provision with the same legal effect is included in the VEA as in force on 1 July 1994;