Document ID: chunk:federal_register_of_legislation:C2024C00866:section:45sb:p2
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 45SB (pt 2/3)
Character Range: 519266–521976

subsection (1);
 (b) the primary person's partner is an Australian resident, and is in Australia, on the day the claim referred to in paragraph (1)(a) is made.
 (3) An instrument under subsection (1) may also make provision for the making of a payment (also a veteran payment) to the primary person's partner in the following circumstances:
 (a) the primary person dies;
 (b) the primary person is receiving a veteran payment referred to in subsection (1) immediately before his or her death;
 (c) the primary person's partner is receiving a veteran payment referred to in subsection (2) immediately before that death.

Matters instrument may deal with
 (4) Without limiting subsection (1), an instrument under subsection (1) may make provision for and in relation to the following:
 (a) further eligibility criteria for a veteran payment;
 (b) what a person has to do to get a veteran payment;
 (c) the duration of a veteran payment (which may include a period before or after the claim referred to in paragraph (1)(a) is determined);
 (d) the conditions that apply to a person receiving a veteran payment;
 (e) the suspension or cancellation of a veteran payment;
 (f) the effect of the death of the primary person before the Commission has decided whether the primary person is eligible for a veteran payment;
 (g) administrative matters, such as determination of entitlement to a veteran payment and how and when payments of a veteran payment will be made.
 (5) Without limiting paragraph (4)(a), the criteria may depend on the Commission being satisfied of one or more specified matters.

Rate
 (6) The rate of a veteran payment referred to in subsection (1), (2) or (3) is worked out in accordance with the Rate Calculator.
Note: Module A of the Rate Calculator establishes the overall rate calculation process and the remaining Modules provide for the calculation of the component amounts used in the overall rate calculation process.

Restriction on dual payments
 (7) A veteran payment referred to in subsection (1), (2) or (3) is not payable to a person if the person:
 (a) is receiving a service pension; or
 (b) is receiving a pension under Part II or IV at a rate determined under or by reference to subsection 30(1); or
 (c) is receiving compensation under Part 3 or 4 of Chapter 4 of the Military Rehabilitation and Compensation Act 2004 or receiving Special Rate Disability Pension under Part 6 of that chapter; or
 (d) is receiving compensation under section 19, 20, 21, 21A or 22 of the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988.
 (8) A veteran payment referred to in subsection (2) or (3) is not payable to a person if the person is a wholly dependent partner