Document ID: chunk:federal_register_of_legislation:C2015C00049:clause:10_9:p2
Version: federal_register_of_legislation:C2015C00049
Segment Type: clause
Provision Reference: sch 10 cl 9 (pt 2/2)
Character Range: 77168–79500

date.

Treatment
 (5) If:
 (a) before the commencement date, a person was suffering from a war‑caused or defence‑caused injury or disease (within the meaning of the VEA); and
 (b) on or after 1 July 2013, there is an aggravation of, or a material contribution to, that injury or disease; and
 (c) the aggravation or material contribution occurs as an unintended consequence of treatment of a kind mentioned in section 29 of the MRCA; and
 (d) the treatment is provided either:
 (i) on or after 1 July 2013; or
 (ii) before, and on or after, 1 July 2013;
then the MRCA does not apply to that aggravation or material contribution.
Note: The person may be able to apply under section 15 of the VEA for an increase in a rate of pension on the ground that the incapacity of the person has increased because of the aggravation of, or material contribution to, that injury or disease.
 (6) To avoid doubt, treatment is provided before, and on or after, 1 July 2013 whether the treatment spans that day or is provided during separate periods before and on or after that day.
 (7) If:
 (a) before the commencement date, a person was suffering from a war‑caused or defence‑caused injury or disease (within the meaning of the VEA); and
 (b) before 1 July 2013, there was an aggravation of, or a material contribution to, that injury or disease; and
 (c) the aggravation or material contribution occurred as an unintended consequence of treatment of a kind mentioned in section 29 of the MRCA; and
 (d) the treatment was provided either:
 (i) on or after the commencement date; or
 (ii) before, and on or after, the commencement date; and
 (e) immediately before 1 July 2013, the person had not made a choice of the kind referred to in subsection 12(2) of this Act (as in force immediately before that day);
then the MRCA does not apply to that aggravation or material contribution.
Note: The person may be able to apply under section 15 of the VEA for an increase in a rate of pension on the ground that the incapacity of the person has increased because of the aggravation of, or material contribution to, that injury or disease.
 (8) To avoid doubt, treatment is provided before, and on or after, the commencement date whether the treatment spans the commencement date or is provided during separate periods before and on or after that date.