Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p29
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 73623–76337

then working as an employee of another person—had been working for that person, or for that person and any predecessor or predecessors of that person; or

            (ii) if he or she was then working on his or her own account in any profession, trade, employment, vocation or calling—had been so working in that profession, trade, employment, vocation or calling;

        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 suffering a loss of salary or wages, or of earnings on his or her own account, because of that incapacity if:

        (a) 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; or

        (b) the veteran is incapacitated, or prevented from engaging in remunerative work for some other reason; or

        (c) 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.".

Special rate of pension

  17. Section 24 of the Principal Act is amended:

     (a) by omitting from subsection (1) all words to and including "if" and substituting the following words and paragraphs:

   "This section applies to a veteran if:

        (aa) 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

        (aab) the veteran had not yet turned 65 when the claim or application was made; and";

(b) by adding at the end of subparagraph (1)(a)(ii) "and";

  (c) by adding at the end of subsection (1) the following word and paragraph:

   "; and (d) section 25 does not apply to the veteran";

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

    "(2A) 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) 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