Document ID: chunk:federal_register_of_legislation:C2006A00156:clause:1_45:p2
Version: federal_register_of_legislation:C2006A00156
Segment Type: clause
Provision Reference: sch 1 cl 45 (pt 2/3)
Character Range: 36679–39315

if the service pension is an invalidity service pension—the day on which the determination under section 37L of the Veterans' Entitlements Act 1986 in relation to that pension takes effect is the earlier of:
 (i) the day on which the determination would take effect under section 37M of that Act, but for this item; and
 (ii) the day on which the effective use determination takes effect; and
 (h) if the service pension is a partner service pension—the day on which the determination under section 38L of the Veterans' Entitlements Act 1986 in relation to that pension takes effect is the earlier of:
 (i) the day on which the determination would take effect under section 38M of that Act, but for this item; and
 (ii) the day on which the effective use determination takes effect; and
 (i) in relation to the income support supplement—the day on which the determination under section 45Q of the Veterans' Entitlements Act 1986 in relation to the income support supplement takes effect is the earlier of:
 (i) the day on which the determination would take effect under section 45R of that Act, but for this item; and
 (ii) the day on which the effective use determination takes effect.

(3) If:
 (a) a person is not receiving a service pension or income support supplement immediately before 1 January 2007; and
 (b) the person makes a claim for a service pension or income support supplement during the notification period; and
 (c) on the day on which the claim is made:
 (i) the person is not eligible to receive the pension or supplement; or
 (ii) the pension or supplement is not payable to the person; and
 (d) the person was eligible to receive the pension or supplement, and the pension or supplement was payable to the person, during a period (the claim period) that fell before that day and within the notification period; and
 (e) the extended land use test applied to the person under subsection 5LA(4) or (5) of the Veterans' Entitlements Act 1986, inserted by item 30 of this Schedule, during all or part of the claim period; and
 (f) the person notifies the Commission (whether in the claim or otherwise) during the notification period of circumstances that would have been relevant, during all or part of the claim period, to a determination by the Commission under paragraph 5LA(6)(b) of the Veterans' Entitlements Act 1986, inserted by item 30 of this Schedule, of whether the person is making effective use of land adjacent to the dwelling‑house in which the person lives;
then:
 (g) the Commission may make a determination in relation to the claim period or a specified part of the claim period, that the person was