Document ID: chunk:federal_register_of_legislation:C2004A04978:body:0:p17
Version: federal_register_of_legislation:C2004A04978
Segment Type: other
Provision Reference: 
Character Range: 39847–42729

the pension payable to the veteran in respect of the arrears period is reduced by the amount of the excess payment.

Certain decisions under section 27A reviewable under the Social Security Act

"27B.(1) This section applies if:

    (a) a decision is made under section 27A in relation to the amount of arrears of pension to be paid to a veteran; and

(b) subparagraph 27A(1)(c)(i) applies in relation to the veteran.

"(2) The calculations made under Steps 4, 5 and 6 of the Method statement in section 27A in relation to the payment and payability of a social security pension or benefit are, for the purposes of the Social Security Act,

SCHEDULE 3—continued

taken to be decisions made under that Act by an officer (other than the Secretary) of the Department administered by the Minister administering that Act."

––––––––––––

                         SCHEDULE 4 Section 3

AMENDMENTS OF THE VETERANS' ENTITLEMENTS ACT 1986 RELATING TO SERVICE PENSIONS

1. Section 35B:

Add at the end (before the Notes):

"(2) A person who wants to establish for the purposes of paragraph 38(1)(aa) or (e) that his or her partner or deceased partner has rendered qualifying service must make a proper claim for a determination that the person's partner or deceased partner has rendered such service.".

2. Subsection 35C(1):

Add at the end:

     "; or (c) a person who wants to establish for the purposes of paragraph 38(1)(aa) or (e) that his or her partner or deceased partner has rendered qualifying service; or

     (d) with the approval of the person referred to in paragraph (c) of this subsection—another person on the person's behalf.".

3. Subsection 38(1):

Omit "subsection (4)", substitute "subsections (1B) and (4)".

4. Subparagraph 38(1)(a)(ii):

Omit "the compensation recovery provisions in Part IIIC", substitute "one or more disqualifying provisions".

5. After paragraph 38(1)(a):

Insert:

"(aa) is a person:

(i) who is a member of a couple; and

(ii) whose partner is a veteran who has rendered qualifying service; and

(iii) who is qualified for an age pension under the Social Security Act; or".

6. Subparagraph 38(1)(b)(ii):

Omit the subparagraph, substitute:

    "(ii) whose non-illness separated spouse is receiving an age service pension or an invalidity service pension, or would be receiving such a pension if not for the operation of one or more disqualifying provisions; or".

SCHEDULE 4—continued

7. Subparagraph 38(1)(c)(i):

Omit "who, immediately before his or her death, was receiving an age service pension or an invalidity service pension".

8. After subparagraph 38(1)(c)(i):

Insert:

     "(ia) whose partner, immediately before his or her death, was receiving an age service pension or an invalidity service pension, or would have been receiving such a pension if not for the operation of one or more disqualifying provisions; and".

9.