Document ID: chunk:federal_register_of_legislation:C2004A02787:body:0:p4
Version: federal_register_of_legislation:C2004A02787
Segment Type: other
Provision Reference: 
Character Range: 7997–10582

(b) the member has the custody, care and control of a child or children,
the maximum rate per annum of the service pension applicable to the member shall be increased by the amount per annum applicable under sub-section 28 (1aa) of the Social Security Act 1947.".
(2) The amendment made by sub-section (1) applies in relation to an instalment of pension falling due on 8 December 1983 and to all subsequent instalments.

12. (1) After section 85 of the Principal Act the following section is inserted:

Service pension for male carers of severely handicapped female service pensioners
"85aa. (1) Subject to this Act, the Commission or a Board may grant a service pension to a man—
     (a) whose wife is a severely handicapped woman who is receiving a service pension under section 84 or 85 as a member of the Forces; and
     (b) who personally provides, in a matrimonial home of the man and the woman, constant care and attention in respect of the woman,
at a rate not exceeding the rate of pension per annum that would be applicable to him under the Social Security Act 1947 if he were qualified to receive a spouse carer's pension under Division 6 of Part III of that Act.
"(2) Where a man who is personally providing constant care and attention in respect of a severely handicapped woman ceases temporarily to provide that care and attention—
     (a) for a continuous period of not more than 4 weeks in any period of 12 months; or
     (b) for such other period as the Commission, for any special reason in any particular case, approves in writing,
the man shall not be taken to cease to be entitled to a service pension under this section by virtue only of that cessation.
"(3) In this section, 'severely handicapped woman' means a woman who—
     (a) has a physical or mental disability;
     (b) by reason of that disability, needs constant care and attention; and
     (c) is likely to need such care and attention permanently or for an extended period.".

(2) A person is not eligible to receive a service pension under section 85aa of the Repatriation Act 1920 before 8 December 1983.
(3) Where—
     (a) a person becomes eligible to receive a service pension under section 85aa of the Repatriation Act 1920 before 8 March 1984; and
     (b) the person makes a claim for the pension after the person became eligible to receive the pension but before 8 March 1984,
the Commission or a Board may determine that the claim shall be taken, for the purposes of that Act, to have been lodged on the day on which the person became so eligible.

Restrictions as to dual pensions
13.