Document ID: chunk:federal_register_of_legislation:C2004A03129:body:0:p10
Version: federal_register_of_legislation:C2004A03129
Segment Type: other
Provision Reference: 
Character Range: 23154–25913

pay—
        (c) in the case of the incapacity of the member—a pension to the member in accordance with Division 1, as applied by section 107h; or
        (d) in the case of the death of the member—pensions to the dependants of the member in accordance with Division 1, as applied by section 107h.".

27. Section 107n of the Principal Act is repealed and the following section is substituted:

Conditions of payment of pension to certain dependants of female members to whom this Division applies
"107n. A pension shall not be granted or continued to a dependant of a female member to whom this Division applies unless the dependant is without adequate means of support.".

Pensions payable to certain dependent females of members of the Forces
28. Section 107p of the Principal Act is amended—
    (a) by omitting from paragraph (1) (a) "the incapacity of a member of the Forces or";
    (b) by omitting from paragraph (1) (b) ", or the discharge from the Defence Force on medical grounds,";
    (c) by omitting from sub-section (1) "that incapacity or" and substituting "the member's"; and
    (d) by omitting from sub-section (2) "wife or widow, as the case may be," and substituting "widow".

Pensions payable to certain dependent females of members of a Peacekeeping Force
29. Section 107pa of the Principal Act is amended—
    (a) by omitting from paragraph (1) (a) "the incapacity of a member of a Peacekeeping Force or";

    (b) by omitting from paragraph (1) (b) "or at the time when the member ceased to serve with the Peacekeeping Force on medical grounds";
    (c) by omitting from sub-section (1) "that incapacity or" and substituting "the member's"; and
    (d) by omitting from sub-section (2) "wife or widow, as the case may be," and substituting "widow".

Dual entitlement
30. Section 107q of the Principal Act is amended—
    (a) by omitting from sub-section (2) "an incapacity or"; and
    (b) by omitting from sub-section (2) "incapacity or" (second occurring).

Application for review
31. Section 107vd of the Principal Act is amended by omitting from sub-section (2) "member of the Forces or".

Decision of Board
32. Section 107vg of the Principal Act is amended—
    (a) by omitting sub-section (3) and substituting the following sub-section:
    "(3) On the completion of its consideration of a review of a decision—
       (a) if the decision is a decision to refuse to grant a claim for a pension, being a claim to which paragraph 47 (3) (a) applies—the Board shall set aside the decision unless it is satisfied, beyond reasonable doubt, that there were insufficient grounds for granting the claim; or
       (b) in any other case—the Board shall not set aside the decision unless it is reasonably satisfied that the decision is not