Document ID: chunk:federal_register_of_legislation:C2024C00866:section:13:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 13 (pt 1/5)
Character Range: 299119–301612

13  Eligibility for pensions by way of compensation to veterans and their dependants
 (1) Where:
 (a) the death of a veteran was war‑caused; or
 (b) a veteran is incapacitated from a war‑caused injury or a war‑caused disease;
the Commonwealth is, subject to this Act, liable to pay:
 (c) in the case of the death of the veteran—pensions by way of compensation to the dependants of the veteran; or
 (d) in the case of the incapacity of the veteran—pension by way of compensation to the veteran;
in accordance with this Act.
 (2) Where:
 (a) a veteran has died;
 (b) the death of the veteran was not war‑caused; and
 (c) the veteran was, immediately before the veteran's death:
 (i) a veteran to whom subsection 22(4) or section 23, 24 or 25 applied; or
 (ii) a veteran to whom section 22 applied who was in receipt of a pension the rate of which had been increased by reason that the pension was in respect of an incapacity described in item 1, 2, 3, 4, 5, 6, 7 or 8 of the table in section 27;
the Commonwealth is, subject to this Act, liable to pay pensions by way of compensation to the dependants of the veteran in accordance with this Act.
 (2A) If:
 (a) a veteran has died; and
 (b) the veteran's death was not war‑caused; and
 (c) the veteran was a prisoner of war at a time before 1 July 2004 when the veteran was on operational service;
the Commonwealth is, subject to this Act, liable to pay pensions by way of compensation to the dependants of the veteran in accordance with this Act.
 (2B) The date of commencement of a pension payable under subsection (2A) is not to be earlier than 1 January 1993.
 (3) Where a pension in respect of the incapacity of a veteran from war‑caused injury or war‑caused disease, or both, is granted, after the death of the veteran, as from a date before the death of the veteran, subsection (2) applies as if the veteran had been in receipt of that pension immediately before the veteran died.
 (4) Where:
 (a) a veteran who has rendered operational service has died;
 (b) the death of the veteran was not war‑caused;
 (c) the veteran is survived by a child of the veteran; and
 (d) the Commission is satisfied that the child is not being maintained by a parent, adoptive parent or step‑parent of the child;
the Commonwealth is, subject to subsection (7) of this section and to the other provisions of this Act, liable to pay pension to that child.
 (5) The Commonwealth is not liable to pay a pension under subsection (1) to a veteran who is a veteran