Document ID: chunk:federal_register_of_legislation:C2004A01115:clause:2_39:p1
Version: federal_register_of_legislation:C2004A01115
Segment Type: clause
Provision Reference: sch 2 cl 39 (pt 1/3)
Character Range: 67463–70056

39  Rate of benefit for certain recipients of pensions under the Veterans' Entitlements Act

 (1) In this clause:

30 June 2000 rate, in relation to an individual, means the amount worked out according to subclause (6).

dependant has the same meaning as in Division 5 of Part II of the Income Tax Rates Act 1986 as that Act applied to the income year that commenced on 1 July 1999.

family tax assistance person means:
 (a) if the Secretary is satisfied in relation to an individual as described in subparagraph (2)(a)(iii)—the individual; or
 (b) if the Secretary is not so satisfied—the individual's partner.

partner, in relation to an individual, means the person who:
 (a) was the partner of that individual immediately before 1 July 2000; and
 (b) has continued, at all times on and after that day, to be the partner of the individual.

special Part A rate, in relation to an individual, means the amount worked out according to subclause (7).

 (2) Subject to subclause (3), this clause applies to an individual if:
 (a) one or more of the following subparagraphs are satisfied:
 (i) immediately before 1 July 2000, the individual or the individual's partner was receiving family allowance under Part 2.17 of the Social Security Act 1991;
 (ii) immediately before 1 July 2000, the individual or the individual's partner was receiving family tax payment under Part 2.17AA of that Act;
 (iii) the Secretary is satisfied that Schedule 7 to the Income Tax Rates Act 1986 applied to the individual or the individual's partner, in respect of the income year that commenced on 1 July 1999, in accordance with subsection 20C(2) of that Act or would have so applied if sections 20E, 20F and 20H of that Act had not been enacted; and
 (b) the individual or the individual's partner was receiving, immediately before 1 July 2000, and has continued, at all times on and after that day, to receive:
 (i) a pension under Part II of the Veterans' Entitlements Act 1986 payable to the individual or partner as a veteran; or
 (ii) a pension under Part II of that Act payable to the individual or partner as the widow or widower of a deceased veteran; or
 (iii) a pension under Part IV of that Act payable to the individual or partner as a member of the Forces or as a member of a Peacekeeping Force; or
 (iv) a pension under Part IV of that Act payable to the individual or partner as the widow or widower of a deceased member of the Forces or as the widow or widower of a deceased member of a Peacekeeping Force; and
 (c) neither the individual nor the individual's partner was receiving, immediately