Document ID: chunk:federal_register_of_legislation:C2024C00866:section:24:p2
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 24 (pt 2/3)
Character Range: 353057–355642

in remunerative work and that that incapacity is the substantial cause of his or her inability to obtain remunerative work in which to engage, the veteran shall be treated as having been prevented by reason of that incapacity from continuing to undertake remunerative work that the veteran was undertaking.
 (2A) This section applies to a veteran if:
 (a) the veteran has made a claim under section 14 for a pension, or an application under section 15 for an increase in the rate of the pension that he or she is receiving; and
 (b) the veteran had turned 65 before the claim or application was made; and
 (c) paragraphs (1)(a) and (1)(b) apply to the veteran; and
 (d) the veteran is, because of incapacity from war‑caused injury or war‑caused disease or both, alone, prevented from continuing to undertake the remunerative work (last paid work) that the veteran was last undertaking before he or she made the claim or application; and
 (e) because the veteran is so prevented from undertaking his or her last paid work, the veteran is suffering a loss of salary or wages, or of earnings on his or her own account, that he or she would not be suffering if he or she were free from that incapacity; and
 (f) the veteran was undertaking his or her last paid work after the veteran had turned 65; and
 (g) when the veteran stopped undertaking his or her last paid work, the veteran had been undertaking remunerative work for a continuous period of at least 10 years that began before the veteran turned 65; and
 (h) section 25 does not apply to the veteran.
 (2B) For the purposes of paragraph (2A)(e), a veteran who is incapacitated from war‑caused injury or war‑caused disease or both, is not taken to be suffering a loss of salary or wages, or of earnings on his or her own account, because of that incapacity if:
 (a) the veteran has ceased to engage in remunerative work for reasons other than his or her incapacity from that war‑caused injury or war‑caused disease, or both; or
 (b) the veteran is incapacitated, or prevented from engaging in remunerative work for some other reason.
 (3) This section also applies to a veteran who has been blinded in both eyes as a result of war‑caused injury or war‑caused disease, or both.
 (4) Subject to subsections (5), (5A) and (6), the rate at which pension is payable to a veteran to whom this section applies is $1,595.66 per fortnight.
 (5) Subject to subsections (5A) and (6), the rate at which pension is payable to a veteran to whom section 115D applies (veterans working under rehabilitation scheme) is the reduced amount worked out