Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p34
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 86026–89150

determination under this section see section 56H.".

Resumption of a payment after suspension

26. Section 56F of the Principal Act is amended by omitting from paragraph (a) "or 56EA" and substituting ", 56EA or 56EB".

Date of effect of adverse determination

27. Section 56H of the Principal Act is amended by omitting from subsection (1) "or 56EA" and substituting ", 56EA or 56EB".

Division 6—Partner service pension

Family relationships definitions—couples

28. Section 5E of the Principal Act is amended by omitting "(3)" from paragraph (b) of the definition of "non-illness separated spouse" in subsection (1) and substituting "(5)".

Special residence and resident definitions

  29. Section 5MC of the Principal Act is amended:

     (a) by omitting "; and" from paragraph (b) of the definition of "couple's assets deeming provisions" in subsection (5) and substituting ".";

     (b) by omitting paragraph (c) of the definition of "couple's assets deeming provisions" in subsection (5).

Eligibility for partner service pension

  30. Section 38 of the Principal Act is amended:

    (a) by inserting in subparagraph (1)(c)(i) "who, immediately before his or her death, was receiving an age service pension or an invalidity service pension" after "veteran";

    (b) by inserting in subparagraph (1)(c)(ii) "or a social security pension" after "pension";

  (c) by inserting after subsection (2) the following subsections:

      "(2A) A person's eligibility under paragraph (1)(b) ceases if:

        (a) in the Commission's opinion, the person was in a marriage-like relationship with another person when this subsection commenced; or

        (b) after this subsection commenced, the person enters into a relationship with another person and, in the Commission's opinion, the relationship was a marriage-like relationship.

    Note 1: The Commission's opinion is to be formed as mentioned in section 11A.
        Note 2: If the person starts living permanently again with his or her veteran spouse, the person regains eligibility for a partner service pension (see paragraph (1)(a)).

      "(2B) If:

      (a) a person is the non-illness separated spouse of a veteran; and

      (b) the veteran dies; and

        (c) immediately before the veteran's death, the person was not eligible for a partner service pension because of subsection (2A); and

        (d) apart from this subsection, the person would be eligible for a partner service pension under paragraph (1)(c) or (d);

    the person's eligibility under that paragraph ceases.";

  (d) by inserting after subsection (3) the following subsection:

    "(3A) A person's eligibility under paragraph (1)(c) or (d) ceases if:

      (a) in the Commission's opinion, the person:

            (i) entered into a marriage-like relationship with a person after the death of the veteran; and

            (ii) was in that marriage-like relationship when this subsection commenced; or

      (b) the person:

            (i) enters into a relationship with another person after this subsection commenced and, in the Commission's opinion, the relationship