Document ID: chunk:federal_register_of_legislation:C2024C00866:section:85:p5
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 85 (pt 5/5)
Character Range: 1320684–1322563

opinion that that further treatment is desirable.
 (11) Where a veteran would, but for the operation of section 26, 30C, 30D or 74, be in receipt of a pension under Part II:
 (a) at a rate referred to in paragraph (3)(a) or (7)(a) of this section; or
 (b) in respect of incapacity of a kind referred to in paragraph (3)(b) of this section;
subsection (3) or (7), as the case requires, of this section applies to the veteran as if the veteran were in receipt of that pension.
 (12) Where a veteran is, under a preceding subsection of this section, eligible to be provided with treatment under this Part for an injury suffered, or disease contracted, by the veteran from and including a particular date and is also, under another preceding subsection of this section, eligible to be provided with treatment under this Part for that injury or disease from and including an earlier date, the Commission may arrange for the veteran to be provided with treatment for that injury or disease from and including that earlier date.
 (13) If:
 (a) immediately before 1 January 2017, a veteran was receiving a service pension under Part III; and
 (b) the Commission is satisfied that the rate of that pension is nil on 1 January 2017 because of the operation of the amendments made by Part 1 of Schedule 3 to the Social Services Legislation Amendment (Fair and Sustainable Pensions) Act 2015;
then, for the purposes of paragraph (7)(b) or (7A)(a), on and after 1 January 2017 the veteran is taken to be receiving a service pension under Part III.
 (14) If:
 (a) a veteran begins to receive a veteran payment on a day; and
 (b) on the day before that day the veteran was receiving a service pension under Part III;
then, for the purposes of paragraph (7)(b) or (7A)(a), the veteran is taken to be receiving a service pension under Part III while the veteran is receiving that veteran payment.