Document ID: chunk:federal_register_of_legislation:C2006A00156:clause:1_45:p1
Version: federal_register_of_legislation:C2006A00156
Segment Type: clause
Provision Reference: sch 1 cl 45 (pt 1/3)
Character Range: 34172–36912

45  Transitional arrangements—effective use test

(1) If:
 (a) a person is receiving a service pension or income support supplement immediately before 1 January 2007; and
 (b) the person notifies the Commission during the notification period of circumstances relevant to the 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; and
 (c) the Commission makes a determination under that paragraph that the person is making effective use of that land (the effective use determination); and
 (d) the rate at which the pension or supplement is payable to the person increases as a result of the effective use determination; and
 (e) a determination is made under section 56C of the Veterans' Entitlements Act 1986 increasing the rate at which the pension or supplement is to be paid to the person because of the effective use determination;
the determination under section 56C of that Act has effect on 1 January 2007 or, if a later day is specified in the determination, that later day.

(2) 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) the person notifies the Commission (whether in the claim or otherwise) during the notification period of circumstances relevant to the 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; and
 (d) the Commission makes a determination under that paragraph that the person is making effective use of the land (the effective use determination);
then:
 (e) the effective use determination takes effect on 1 January 2007 or, if a later day is specified in the determination, that later day; and
 (f) if the service pension is an age service pension—the day on which the determination under section 36L 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 36M of that Act, but for this item; and
 (ii) the day on which the effective use determination takes effect; and
 (g) 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