Document ID: chunk:federal_register_of_legislation:C2024C00866:section:14:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 14 (pt 1/2)
Character Range: 317268–319742

14  Claim for pension
 (1) Subject to subsection (2), a veteran, or a dependant of a deceased veteran other than a reinstated pensioner, may make a claim for a pension in accordance with subsection (3).
Note 1: Some dependants do not have to make a claim (see section 13A).
Note 2: If it is uncertain whether a person is a dependant and as a result a pension is not payable to the person under section 13A, the person may make a claim for the pension under section 14. The Commission will determine whether the person is entitled to be granted a pension (see subsection 19(3)).
 (2) Where a determination under this Act is in force determining that any incapacity from which a veteran is suffering resulted from war‑caused injury or war‑caused disease, or both, but a pension was not granted to the veteran on the ground that the extent of the incapacity was insufficient to justify the grant of a pension, subsection (1) does not apply to a claim for a pension in respect of that incapacity.
 (3) A claim for a pension:
 (a) shall be in writing and in accordance with a form approved by the Commission;
 (b) shall be accompanied by such evidence available to the claimant as the claimant considers may be relevant to the claim; and
 (c) is to be lodged at an office of the Department in Australia in accordance with section 5T and is taken to have been made on a day determined under that section.
 (4) Subsection (3) shall not be taken to impose any onus of proof on a claimant or to prevent a claimant from submitting evidence in support of the claim subsequently to the making, but before the determination, of the claim.
 (5) Where:
 (a) a veteran has made a claim for a pension under this section in respect of incapacity from a particular injury or disease; and
 (b) the claim has not been finally determined;
the veteran is not empowered to make another claim for a pension under this section in respect of incapacity from that injury or disease.
 (6) Where:
 (a) a person has made a claim for a pension under this section in respect of the death of a veteran; and
 (b) the claim has not been finally determined;
the person is not empowered to make another claim for a pension under this section in respect of the death of that veteran.
 (7) For the purposes of this section, a claim is finally determined when either:
 (a) a decision that has been made in respect of the claim is not subject to any form of appeal or review; or
 (b) a decision that has been made in