Document ID: chunk:federal_register_of_legislation:C2024C00866:section:23:p2
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 23 (pt 2/3)
Character Range: 346961–349542

(i) if the veteran has ceased to engage in remunerative work for reasons other than his or her incapacity from that war‑caused injury or war‑caused disease, or both;
 (ii) if the veteran is incapacitated, or prevented, from engaging in remunerative work for some other reason; or
 (iii) if the veteran has been engaged in remunerative work on a part‑time basis or intermittently for reasons other than his or her incapacity from that war‑caused injury or war‑caused disease, or both; and
 (b) where a veteran, not being a veteran who has attained the age of 65 years, who has not been engaged in remunerative work satisfies the Commission that he or she has been genuinely seeking to engage in remunerative work, that he or she would, but for that incapacity, be continuing so to seek to engage in remunerative work and that that incapacity is the substantial cause of his or her inability to obtain remunerative work in which to engage, the veteran shall be treated as having been prevented, by reason of that incapacity, from continuing to undertake remunerative work that the veteran was undertaking.
 (3A) This section applies to a veteran if:
 (a) the veteran has made a claim under section 14 for a pension, or an application under section 15 for an increase in the rate of the pension that he or she is receiving; and
 (b) the veteran had turned 65 before the claim or application was made; and
 (c) paragraphs (1)(a) and (1)(b) (as affected by subsection (2)) apply to the veteran; and
 (d) the veteran is, because of incapacity from war‑caused injury or war‑caused disease or both, alone, prevented from continuing to undertake the remunerative work (last paid work) that the veteran was last undertaking before he or she made the claim or application; and
 (e) because the veteran is so prevented from undertaking his or her last paid work, the veteran is suffering a loss of salary or wages, or of earnings on his or her own account, that he or she would not be suffering if he or she were free from that incapacity; and
 (f) the veteran was undertaking his or her last paid work after the veteran had turned 65; and
 (g) when the veteran stopped undertaking his or her last paid work, the veteran had been undertaking remunerative work for a continuous period of at least 10 years that began before the veteran turned 65; and
 (h) section 24 or 25 does not apply to the veteran.
 (3B) For the purposes of paragraph (3A)(e), a veteran who is incapacitated from war‑caused injury or war‑caused disease or both, to the extent set out in paragraph (1)(b) is not taken to be