Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p30
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 76072–78824

paragraphs (1)(a) and (1)(b) apply to the veteran; and

      (d) the veteran is, because of incapacity from war-caused injury or war-caused disease or both, alone, prevented from continuing to undertake the remunerative work ('last paid work') that the veteran was last undertaking before he or she made the claim or application; and

      (e) because the veteran is so prevented from undertaking his or her last paid work, the veteran is suffering a loss of salary or wages, or of earnings on his or her own account, that he or she would not be suffering if he or she were free from that incapacity; and

      (f) the veteran was undertaking his or her last paid work after the veteran had turned 65; and

      (g) when the veteran stopped undertaking his or her last paid work, the veteran:

          (i) if he or she was then working as an employee of another person—had been working for that person, or for that person and any predecessor or predecessors of that person; or

          (ii) if he or she was then working on his or her own account in any profession, trade, employment, vocation or calling—had been so working in that profession, trade, employment, vocation or calling;

      for a continuous period of at least 10 years that began before the veteran turned 65; and

      (h) section 25 does not apply to the veteran.

    "(2B) For the purposes of paragraph (2A)(e), a veteran who is incapacitated from war-caused injury or war-caused disease or both, is not taken to be suffering a loss of salary or wages, or of earnings on his or her own account, because of that incapacity if:

        (a) the veteran has ceased to engage in remunerative work for reasons other than his or her incapacity from that war-caused injury or war-caused disease, or both; or

        (b) the veteran is incapacitated, or prevented from engaging in remunerative work for some other reason.".

Division 5—Comparable foreign pensions

Index of definitions

18. Section 5 of the Principal Act is amended by inserting the following entry in the Index:

"comparable foreign pension    5Q(1)".

General definitions

19. Section 5Q of the Principal Act is amended by inserting in subsection (1) the following definition:

" 'comparable foreign pension' means a payment that is:

  (a) available from a foreign country; and

  (b) similar to a service pension or a social security pension;".

Insertion of section

20. After section 36J of the Principal Act the following section is inserted in Subdivision B of Division 3 of Part III:

Secretary may require claimant to take action to obtain a comparable foreign pension

  "36JA.(1) If:

  (a) a person has claimed an age service pension; and

     (b) the Secretary is satisfied that the claimant may