Document ID: chunk:federal_register_of_legislation:C2016C00143:section:22a
Version: federal_register_of_legislation:C2016C00143
Segment Type: section
Provision Reference: s 22A
Character Range: 147530–150326

22A  Special rate of pension
  Where the Commission or a Pensions Committee is satisfied that, if an Australian mariner were a veteran entitled, in respect of the incapacity from war injury sustained by the mariner, to a pension under Part II of the Veterans' Entitlements Act 1986, section 24, 25 or 27 of that Act would apply to the mariner, it may assess the rate at which pension under this Act is payable to the mariner at the rate that would, in its opinion, be the rate at which pension would be payable to the mariner under that Act in respect of the incapacity if the mariner were a veteran so entitled to be paid pension.

Subsection 23(1):
Omit the subsection, substitute the following subsection:
 (1) Where the degree of the incapacity of an Australian mariner from a war injury is determined under section 15 at 10 per centum or more but not more than 90 per centum, the rate of pension payable in respect of the incapacity shall be a rate per fortnight that constitutes the same percentage of the rate specified in column 3 of Schedule 1 as the percentage so determined to be the degree of the incapacity of the mariner from war injury.

Subsection 23(2):
Omit "of less than 20%", substitute "assessed at 10 per centum".

Subsection 23(3):
Omit "of less than 20%", substitute "assessed at 10 per centum".

After subsection 23(3):
Insert the following subsection:
 (3A) Where the degree of incapacity of an Australian mariner from a war injury sustained by the mariner is assessed at less than 10 per centum (including nought per centum), the Commission or the Pensions Committee, as the case requires, shall not assess a rate of pension, but shall refuse to grant a pension to the mariner on the ground that the extent of the incapacity of the mariner from war injury sustained by the mariner is insufficient to justify the grant of a pension.

Subsection 26(2):
Omit "member", substitute "mariner".

Subsection 26AA(1):
Omit "claim", substitute "apply for".

Subsection 26AA(2):
Omit "a claim", substitute "an application".

Subsection 26AA(3):
 (a) Omit "A claim", substitute "An application".
 (b) Omit paragraph (b), substitute the following paragraph:
  "(b) shall be accompanied by such evidence available to the applicant as the applicant considers may support the application; and".
 (c) Omit "the claim" from paragraph (c), substitute "the application".
 (d) Omit "his claim" from paragraph (c), substitute "the application".

Subsection 26AA(4):
 (a) Omit "a claim", substitute "an application".
 (b) Omit "the claim", substitute "the application".

Subsection 26AA(5):
 (a) Omit "a claim" (twice occurring), substitute "an application".
 (b) Omit "claim" (third, fourth and fifth occurring), substitute "application".

After section 26AA:
Insert the following section: