Document ID: chunk:federal_register_of_legislation:C2024C00866:section:86:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 86 (pt 1/3)
Character Range: 1325079–1327591

86  Dependants eligible to be provided with treatment
 (1) Where a determination under this Act is in force determining that the death of a veteran is war‑caused, a dependant of the deceased veteran is eligible to be provided with treatment under this Part for any injury suffered, or disease contracted, by the dependant, whether before or after the commencement of this Act, from and including the date as from which a pension under Part II became payable to the dependant or would have become payable to the dependant but for the operation of subsection 13(7), 30(3), 30C(2) or (4) or 30D(1) or (3) of this Act or the dependant being in receipt of a pension under the Social Security Act.
 (2) Where:
 (a) a deceased veteran was, immediately before the veteran's death, in receipt of a pension under Part II at the rate specified in subsection 22(4) or 24(4) or (6) or at a rate that had been increased under section 27 by reason that the veteran's pension was in respect of incapacity of a kind described in item 1, 2, 3, 4, 5, 6, 7 or 8 in the table in subsection 27(1); or
 (b) a pension has been granted under Part II, after the death of a veteran, in respect of the veteran at the rate specified in subsection 22(4) or 24(4) or (6) or at a rate that had been increased under section 27 by reason that the veteran's pension was in respect of incapacity of a kind described in item 1, 2, 3, 4, 5, 6, 7 or 8 of the table in subsection 27(1); or
 (c) a deceased veteran was, before the MRCA commencement date, a prisoner of war at a time when the veteran was on operational service;
a dependant of the deceased veteran is eligible to be provided with treatment under this Part for any injury suffered, or disease contracted, by the dependant, whether before or after the commencement of this subsection, from and including the day immediately following the day on which the veteran died.
 (2A) A reinstated pensioner is eligible to be provided with treatment under this Part for any injury suffered or disease contracted by the pensioner whether before or after the commencement of this Act. The pensioner is eligible from and including the date as from which a pension under Part II:
 (a) became payable to the pensioner; or
 (b) would have become payable except for:
 (i) the operation of subsection 30(3); or
 (ii) the pensioner being in receipt of a pension under the Social Security Act.
 (3) A child of a deceased veteran who is in receipt of, is eligible to receive or would, but for subsection 13(7),