Document ID: chunk:federal_register_of_legislation:F2018L00477:body:0:p2
Version: federal_register_of_legislation:F2018L00477
Segment Type: other
Provision Reference: 
Character Range: 3198–5885

morbid condition (whether of sudden onset or gradual development), including the recurrence of such an ailment, disorder, defect or morbid condition;

    the payment period ends on the day that is 42 days after the day of the determination of the last mental injury, or the mental ailment, disorder, defect or morbid condition, as the case requires.

  (3) If the person's claim under section 54 of the DRCA is for more than one:

         (a) injury (within the meaning of that Act) sustained by the primary person that is a mental injury, including the recurrence of a mental injury; or

         (b) injury that is a disease (within the meaning of that Act) suffered by the primary person that is a mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), including the aggravation of such an ailment, disorder, defect or morbid condition;

    the payment period ends on the day that is 42 days after the day of the determination of the last mental injury, or the mental ailment, disorder, defect or morbid condition, as the case requires.

Part 2 — Primary person

7 Application of Part

  This Part applies to the making of a veteran payment to a primary person.

8 Eligibility of primary person for veteran payment

  A primary person is eligible for a veteran payment if he or she meets the criteria in paragraphs 45SB(1)(a) to (g) of the Act.

  Note 1: Even though a primary person is eligible for a veteran payment, the veteran payment may not be payable to the primary person in certain circumstances including:

  (a) the payment period for the veteran payment has ended (see section 10 of this instrument);

  (b) the person is in gaol or in psychiatric confinement (see sections 55 and 55A of the Act);

  (c) the person is receiving another pension or compensation (see section 45SB(7) of the Act);

  (d) the person is receiving a payment under ABSTUDY (see section 45SB(9) of the Act);

    (e) the veteran payment is cancelled or suspended (see sections 56E, 56EA, 56J and 56K of the Act and section 18 of this instrument); and

  (f) the person has not provided a tax file number (see section 128A of the Act).

  Note 2: A failure to provide income and assets information may result in a veteran payment being suspended or cancelled (see sections 54A, 54AA and 56EA of the Act.)

9 Conditions for payment of veteran payment to primary person

  If a primary person is capable of participating in rehabilitation, payment of a veteran payment to the person is subject to the condition that he or she participates in rehabilitation.

  Note: A failure to participate in rehabilitation may result in a veteran payment being