Document ID: chunk:federal_register_of_legislation:C2004A00869:clause:3_13ag
Version: federal_register_of_legislation:C2004A00869
Segment Type: clause
Provision Reference: sch 3 cl 13AG
Character Range: 23110–25278

13AG  Verification determination

 (1) The Commission must determine that a person is a reinstated pensioner if the Commission is satisfied that:
 (a) the person was eligible for and receiving a pension, on or before 28 May 1984, under one of the repealed Acts as a widow of a deceased member of the Forces or a widow of an Australian Mariner; and
 (b) the person remarried on or before that date; and
 (c) the pension was cancelled under the repealed Act only because the person married or remarried.

 (2) A determination under this section:
 (a) must be in writing; and
 (b) takes effect from the day, under section 13B, that pension becomes liable to be paid to the reinstated pensioner.

 (3) In subsection (1):

Australian Mariner has the meaning it had in the Seamen's War Pensions and Allowances Act 1940.

pension means:
 (a) in relation to a repealed Act set out in paragraph (a) of the definition of repealed Act—pension (other than service pension) payable to a widow under that repealed Act in respect of the death of a member of the Forces; and
 (b) in relation to the Seamen's War Pensions and Allowances Act 1940—pension payable to a widow under that Act in respect of the death of an Australian Mariner.

repealed Act means:
 (a) an Act specified in Part I, II, III, IV or V of Schedule 1; or
 (b) the Seamen's War Pensions and Allowances Act 1940.

 (4) A reference in subsection (1) to a member of the Forces is a reference to:
 (a) a member of the Forces within the meaning of:
 (i) Divisions 1, 6 and 8 of Part III of the Repatriation Act 1920; or
 (ii) the Repatriation (Far East Strategic Reserve) Act 1956; or
 (iii) the Repatriation (Special Overseas Service) Act 1962; and
 (b) a member of the Forces, or a member of a Peacekeeping Force, as defined by subsection 68(1) of this Act; and
 (c) a member of the Interim Forces within the meaning of the Interim Forces Benefits Act 1947; and
 (d) a person the incapacity or death of whom was taken, by section 7A of the Repatriation (Special Overseas Service) Act 1962, to have resulted from an occurrence that happened during a period of special service of the person as a member of the Forces.