Document ID: chunk:federal_register_of_legislation:C2024C00866:section:85:p3
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 85 (pt 3/5)
Character Range: 1315946–1318555

written document lodged at an office of the Department in Australia in accordance with section 5T, notified the Department that he or she seeks eligibility for such treatment.
 (4B) A veteran is eligible to be provided with treatment under this Part for any injury suffered, or disease contracted, by the veteran, whether before or after the commencement of this Act, if:
 (a) the veteran is 70 or over; and
 (b) the veteran has rendered qualifying service within the meaning of subparagraph 7A(1)(a)(ii), (iii), (iv), (v) or (vi) or paragraph 7A(1)(b), (c) or (f); and
 (c) either:
 (i) the Department has notified the veteran in writing that he or she is or will be eligible for such treatment; or
 (ii) the veteran has, by written document lodged at an office of the Department in Australia in accordance with section 5T, notified the Department that he or she seeks eligibility for such treatment.
 (4C) A notification by the veteran under subparagraph (4A)(c)(ii) or (4B)(c)(ii) that is lodged in accordance with section 5T is taken to have been made on a day determined under that section.
 (5) A veteran referred to in section 53D is eligible to be provided with treatment under this Part for any injury suffered, or disease contracted, by the veteran, whether before or after the commencement of this Act.
 (7) Where a veteran:
 (a) is in receipt of a pension under Part II at a rate not less than 50 per centum of the general rate; and
 (b) is also in receipt of a service pension under Part III;
the veteran is, from and including:
 (c) the date as from which that pension under Part II became so payable to the veteran; or
 (d) the date as from which that service pension became payable to the veteran;
whichever is the later date, eligible to be provided with treatment under this Part for any injury suffered, or disease contracted, by the veteran, whether before or after the commencement of this Act.
 (7A) A veteran is eligible to be provided with treatment under this Part for any injury or disease if:
 (a) the veteran is receiving a service pension under Part III; and
 (b) an impairment suffered by the veteran from one or more service injuries or diseases constitutes at least 30 impairment points (within the meaning of the MRCA); and
 (c) the treatment is provided after both paragraphs (a) and (b) begin to apply to the veteran; and
 (d) the veteran is not already being provided with treatment for any injury or disease under Chapter 6 of the MRCA.
 (8) Where a service pension is suspended, the Commission may, by instrument in writing, determine, for the purposes of the application