Document ID: chunk:federal_register_of_legislation:F2024C00744:reg:18:p11
Version: federal_register_of_legislation:F2024C00744
Segment Type: reg
Provision Reference: reg 18 (pt 11/47)
Character Range: 201501–204129

the entitled veteran or entitled widow(er), as the case may be, left the home for treatment.

      (3) the service is identical to either Domestic Assistance or Home and Garden Maintenance (or both) that the relevant entitled veteran or entitled widow(er) was receiving at or about the time of his or her death or at or about the time of his or her departure from the home for treatment, as the case may be.

      (4) the service is provided on the same terms, including any liability to make a co payment, that the Domestic Assistance or Home and Garden Maintenance (or both) was provided to the relevant entitled veteran or entitled widow(er) at or about the time of his or her death or at or about the time of his or her departure from the home for treatment, as the case may be.

      (5) the eligible person resided in the home of the relevant entitled veteran or relevant entitled widow(er) at the time of the death of the relevant entitled veteran or relevant entitled widow(er) or at the time the relevant entitled veteran or relevant entitled widow(er) departed from the home for treatment, as the case may be.

      (6) in order for an eligible person referred to in paragraph 7.3A.20 (d) to be provided with a service, the eligible person must have been:

         (a) the full‑time carer of the entitled veteran immediately prior to the death of the veteran; or

         (b) must have been the full‑time carer of the entitled widow(er) of the deceased entitled veteran immediately prior to the death of the widow(er);

at or about the time the service is required.

       Note: the intention is to ensure that a former child satisfies eligibility criteria for a sevice by reference to his or her current situation and not to a previous one.  For example, a former child may, in the past, have been a full‑time carer of a deceased entitled veteran who received a service.  The former child then resided with the widow(er) of the deceased veteran and the widow(er) received a service.  The widow(er) then dies or leaves the home for treatment but the former child is only eligible for a service if the child was the full‑time carer of the widow(er).  If not, and the former child cannot satisfy any other grounds of eligibility, then the former child is not eligible for a service.

7.3A.22 For the purposes of paragraph 7.3A.21, a particular veteran or widow(er) is a "relevant entitled veteran" or "relevant entitled widow(er)" in relation to a particular eligible person, where the eligible person was residing with that veteran or that widow(er) at the time of the death of the veteran or widow(er) or at the