Document ID: chunk:federal_register_of_legislation:C2024C00866:section:71:p2
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 71 (pt 2/3)
Character Range: 1259829–1262240

has been granted in respect of that injury or disease;
  the Commission shall not, in a case where the claimant is in receipt of a pension under Part IV or Part II in respect of incapacity resulting from the injury or disease referred to in paragraph (b), grant a separate and additional pension to the claimant in respect of incapacity resulting from the injury or disease referred to in paragraph (a), but the Commission shall, having regard to any incapacity resulting from the injury or disease referred to in paragraph (a) and any incapacity resulting from the injury or disease referred to in paragraph (b) and treating any such war‑caused injury as defence‑caused injury and any such war‑caused disease as defence‑caused disease:
 (c) if the claimant is not in receipt of a pension under Part IV or Part II—determine whether the claimant is entitled to be granted a pension under Part IV and, if it determines that the claimant is entitled to be granted a pension, assess the rate of the pension to be granted to the claimant; or
 (d) if the claimant is in receipt of a pension under Part IV or Part II—re‑assess the rate of that pension.".
 (4) Notwithstanding anything in Divisions 2A, 3, 6 and 7 of Part II in their application in accordance with this section, where:
 (a) a member of the Forces, or a member of a Peacekeeping Force, has, or has had, both defence service and peacekeeping service; and
 (b) the Commission has determined that the death or incapacity of the member had or has reference to the member's defence service and also to the member's peacekeeping service;
the Commission shall not grant a pension under this Part in respect of the death or incapacity in so far as it had or has reference to the member's defence service and a separate pension under this Part in respect of the death or incapacity of the member in so far as it had or has reference to the member's peacekeeping service, but shall:
 (c) in the case of the death of the member—assess the rate of any pension granted under this Part in respect of the death as if the member's peacekeeping service formed part of the member's defence service; or
 (d) in the case of the incapacity of the member—assess the degree of incapacity of the member and the rate of pension (if any) to be granted in respect of the incapacity of the member as if the member's peacekeeping service formed part of the member's defence service.