Document ID: chunk:federal_register_of_legislation:C2024C00866:section:38:p3
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 38 (pt 3/6)
Character Range: 466418–469066

a veteran were, in the Commission's opinion (formed as mentioned in section 11A), in a de facto relationship;
 (ii) the person and the veteran have separated and the person is living separately and apart from the veteran on a permanent basis;
 (iii) the separation has not resulted in a determination under subsection 5R(5);
 (iv) the person and the veteran are not within a prohibited relationship; or
 (d) the following apply:
 (i) the person becomes divorced from a veteran;
 (ii) immediately before the divorce, paragraph (a) applied in relation to the person and the veteran; or
 (e) the following apply:
 (i) a relationship, described in subparagraph (b)(i), between the person and a veteran ceases to be registered under a law of the State or Territory concerned;
 (ii) immediately before the cessation, paragraph (b) applied in relation to the person and the veteran.
 (1AB) For the purposes of this section, a person is an eligible person in relation to a veteran who has died if:
 (a) the person is the widow or widower of the veteran; or
 (b) the following apply:
 (i) immediately before the veteran died, a relationship between the person and the veteran (whether of the same sex or a different sex) was registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section;
 (ii) immediately before the veteran died, the person was living separately and apart from the veteran on a permanent basis;
 (iii) the person has not been a member of a couple at any time on or after the first day on which the person was living separately and apart from the veteran on a permanent basis and before the veteran's death; or
 (c) the following apply:
 (i) at any time before the veteran's death, the person and the veteran were, in the Commission's opinion (formed as mentioned in section 11A), in a de facto relationship;
 (ii) immediately before the veteran died, the person was living separately and apart from the veteran on a permanent basis;
 (iii) immediately before the veteran died, the person and the veteran were not within a prohibited relationship;
 (iv) the person has not been a member of a couple at any time on or after the first day on which the person was living separately and apart from the veteran on a permanent basis and before the veteran's death; or
 (d) the following apply:
 (i) at any time before the veteran's death, the person became divorced from the veteran;
 (ii) immediately before the divorce, paragraph (1AA)(a) applied in relation to the person and the veteran;
 (iii) the person has