Document ID: chunk:federal_register_of_legislation:C2024C00866:section:13:p3
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 13 (pt 3/5)
Character Range: 303695–306294

contracted by the person were a war‑caused disease, as the case may be.

Subsection (6) ceases to apply
 (6A) The Commonwealth is not liable, under subsection (6), to pay a pension in respect of a person's death, or the incapacity of a person, if:
 (a) either:
 (i) the occurrence resulting in the death or incapacity happened on or after the MRCA commencement date; or
 (ii) the disease was contracted on or after the MRCA commencement date; and
 (b) either:
 (i) the occurrence or disease relates to service rendered by the person on or after that date; or
 (ii) the occurrence or disease relates to service rendered by the person before, and on or after, that date (whether the service spans the commencement date or is rendered during separate periods before and on or after that date).
 (7) The Commonwealth is not liable to pay a pension:
 (a) to a dependant of a veteran, being a child of the veteran, under subsection (1), (2) or (2A);
 (b) to a child of a veteran under subsection (4); or
 (c) to a dependant of a person, being a child of the person, under subsection (6);
if the dependant has attained the age of 16 years and payments, by way of a living allowance, are being made in respect of the child:
 (d) by way of youth allowance; or
 (e) under the scheme known as the Assistance for Isolated Children Scheme; or
 (f) under the scheme known as the ABSTUDY scheme; or
 (g) under the scheme known as the Post‑Graduate Awards Scheme; or
 (h) under the Veterans' Children Education Scheme.
 (7A) The Commonwealth is liable to pay a pension to a reinstated pensioner.
 (8) Where a dependant of a deceased veteran (not being a reinstated pensioner or a child of the veteran) re‑marries, marries or enters into a de facto relationship after the death of the veteran and after the commencement of this Act:
 (a) the Commonwealth is not liable to pay a pension to the dependant under this section unless the decision by the Commission, the Board, the Administrative Review Tribunal or the former Administrative Appeals Tribunal, as the case may be, to grant the pension:
 (i) was made before the commencement of this Act; or
 (ii) was or is made after the commencement of this Act upon consideration or re‑consideration of a claim for that pension that was duly made (whether before or after the commencement of this Act) before the re‑marriage, marriage or entry into the de facto relationship occurred; and
 (b) a decision granting a pension to the dependant under this section made after the commencement of this Act by the Commission, the Board, the Administrative Review Tribunal or the