Document ID: chunk:federal_register_of_legislation:F2018L00477:body:0:p3
Version: federal_register_of_legislation:F2018L00477
Segment Type: other
Provision Reference: 
Character Range: 5631–8284

is capable of participating in rehabilitation, payment of a veteran payment to the person is subject to the condition that he or she participates in rehabilitation.

  Note: A failure to participate in rehabilitation may result in a veteran payment being suspended (see section 18 of this instrument)

10 Duration of veteran payment to primary person

  Subject to section 11, a veteran payment is payable to a primary person for the person's payment period.

11 Death of primary person – effect on veteran payment payable to primary person

  (1) If:

(a) the primary person dies; and

         (b) the primary person is receiving a veteran payment immediately before his or her death;

    the veteran payment ceases to be payable to the primary person on the date of his or her death.

  (2) If:

(a) the primary person dies; and

         (b) the death of the primary person is before the Commission decides whether the primary person is eligible for a veteran payment; and

         (c) but for the death of the primary person, a veteran payment would have been payable to him or her;

    a veteran payment is payable to the legal personal representative of the primary person, or a person approved by the Commission, up to and including the date of his or her death.

Part 3 — Partner of primary person

12 Application of Part

  This Part applies to the making of a veteran payment to the partner of a primary person.

13 Eligibility of partner of primary person for veteran payment

  The partner of a primary person is eligible for a veteran payment if the circumstances in paragraphs 45SB(2)(a) and (b) of the Act are satisfied.

  Note 1: Even though the partner of a primary person is eligible for a veteran payment, the veteran payment may not be payable to the partner in certain circumstances including:

  (a) the partner is in gaol or in psychiatric confinement (see sections 55 and 55A of the Act);

  (b) the partner is receiving another pension or compensation (see section 45SB(7) of the Act);

    (c) he or she is a wholly dependent partner of a deceased member (see section 45SB(8) of the Act);

  (d) the partner is receiving a payment under ABSTUDY (see section 45SB(9) of the Act);

    (e) the veteran payment is cancelled or suspended (see sections 56E, 56EA, 56J and 56K of the Act and section 18 of this instrument); and

  (f) the partner has not provided a tax file number (see section 128A of the Act).

  Note 2: A failure to provide income and assets information may result in a veteran payment being suspended or cancelled (see sections 54A, 54AA and 56EA of the Act.)

14 Duration of veteran payment to partner of