Document ID: chunk:federal_register_of_legislation:C2016C00143:section:4:p4
Version: federal_register_of_legislation:C2016C00143
Segment Type: section
Provision Reference: s 4 (pt 4/6)
Character Range: 14991–17759

rate of which was, immediately before the commencing date, fixed by reference to the provisions of the Social Security Act 1947.
 (8A) Subsection (8B) applies to a pension that had been granted to a person as a dependant of a member of the Forces or of a member of a Peacekeeping Force before the commencement of subsection 66(2) of the Repatriation Legislation Amendment Act 1985 if, immediately before the commencing date, the dependant would have been in receipt of that pension but for the fact that the rate of that pension had been reduced to nil, whether before or after the commencement of subsection 66(2) of the Repatriation Legislation Amendment Act 1985, in consequence of the operation of section 107R of the Repatriation Act.
 (8B) Where this subsection applies to a pension, then, notwithstanding the repeals effected by subsection 3(1) of the Veterans' Entitlements Act:
 (a) that pension continues to be payable under and in accordance with the provisions of the Repatriation Act as if the amendments and repeals referred to in subsection 66(2) of the Repatriation Legislation Amendment Act 1985 had not been made;
 (b) the rate at which the pension is so payable shall not exceed:
 (i) except where subparagraph (ii) applies—the rate at which that pension was payable immediately before the commencement of subsection 66(2) of the Repatriation Legislation Amendment Act 1985; or
 (ii) if, immediately before the commencement of subsection 66(2) of the Repatriation Legislation Amendment Act 1985, the rate of that pension had been reduced (including reduced to nil) by reason of the operation of section 107R of the Repatriation Act - the rate at which that pension would, immediately before the commencement of that subsection, have been payable but for the operation of section 107R of the Repatriation Act;
  reduced to the extent (if any) required from time to time by reason of the operation of section 107R of the Repatriation Act; and
 (c) without limiting the generality of the foregoing, action by way of:
 (i) reviewing a decision with respect to that pension whether made before, on or after the commencing date;
 (ii) reassessing the rate of that pension; or
 (iii) suspending or cancelling that pension;
  may be taken in accordance with the provision of the Repatriation Act as if they had not been repealed and the amendments and repeals referred to in subsection 66(2) of the Repatriation Legislation Amendment Act 1985 had not been made.
 (8C) The Veterans' Review Board continued in existence by section 134 of the Veterans' Entitlements Act 1986 continues, notwithstanding the repeals effected by section 3 of that Act, to have, in relation to decisions made under the repealed Acts with respect to pensions to which subsection (6)