Document ID: chunk:federal_register_of_legislation:C2016C00143:section:11
Version: federal_register_of_legislation:C2016C00143
Segment Type: section
Provision Reference: s 11
Character Range: 33710–35621

11  Patients in mental hospitals
 (1) Subject to subsection (2), where a person who was, on 31 October 1980, a mental hospital patient for the purposes of section 94B of the Repatriation Act as in force at any time before 1 November 1980 ceases, on or after the commencing date, to be a mental hospital patient (otherwise than by reason of death), the person is entitled, in respect of each day in the prescribed period in respect of which a part of the person's service pension was suspended under that section, to payment of that part of that pension that was so suspended.
 (2) Subsection (1) does not apply to a person who has ceased, on or after 1 November 1980 and before the commencing date, to be a mental hospital patient.
 (3) In subsection (1), the prescribed period in relation to a mental hospital patient means:
 (a) where the period commencing on, and including, the day on which he or she commenced to be an inmate of a mental hospital and ending on, but not including 31 October 1980, was less than 84 days—that period; or
 (b) in any other case—the period consisting of the last 84 days of the period commencing on, and including, the day on which he or she commenced to be such an inmate and ending on, but not including, 31 October 1980.
 (4) Where a person had commenced to be an inmate of a mental hospital on 2 or more occasions before 1 November 1980, subsection (3) applies in relation to the person as if a reference to the day on which he or she commenced to be such an inmate were a reference to the day on which he or she last commenced to be such an inmate.
 (5) For the purposes of this section, where a mental hospital patient has been absent from the mental hospital for a continuous period of 4 weeks or more, the patient shall be deemed to have ceased to be a mental hospital patient at the expiration of the period of 4 weeks commencing on the commencement of that absence.