Document ID: chunk:federal_register_of_legislation:C2024C00608:clause:8_5
Version: federal_register_of_legislation:C2024C00608
Segment Type: clause
Provision Reference: sch 8 cl 5
Character Range: 47198–49035

5  After subsection 20(2)
Insert:
 (2A) If:
 (a) a claim in accordance with section 14 for a pension for a dependant of a deceased veteran, being a dependant who is the widow or widower of the veteran, is granted; and
 (b) the claim for a pension, in accordance with a form approved for the purposes of paragraph 14(3)(a), was received at an office of the Department in Australia less than 6 months after the death of the veteran;
the Commission may, subject to this Act, specify as a date that a determination under subsection 19(3) takes effect in respect of the claim a date not earlier than 6 months before the date on which the claim for a pension was received.
 (2B) If:
 (a) a person makes a claim for a pension for a dependant of a deceased veteran, being a dependant who is the widow or widower of the veteran, that is in writing but not in accordance with a form approved for the purposes of paragraph 14(3)(a); and
 (b) that claim is made less than 6 months after the death of the veteran; and
 (c) the person subsequently makes a claim for the pension in accordance with an approved form:
 (i) at a time when the person had not been notified by the Department in writing that it would be necessary to make the claim in accordance with an approved form; or
 (ii) within 6 months after the person had been so notified; and
 (d) a pension for a dependant of a deceased veteran, being a dependant who is the widow or widower of the veteran, is granted to the person on consideration of the claim in accordance with an approved form;
the Commission may, subject to this Act, specify as a date that a determination under subsection 19(3) takes effect in respect of the claim a date not earlier than 6 months before the date on which the claim referred to in paragraph (a) was received at an office of the Department in Australia.