Document ID: chunk:federal_register_of_legislation:C2004A04149:body:0:p9
Version: federal_register_of_legislation:C2004A04149
Segment Type: other
Provision Reference: 
Character Range: 22040–24987

that Act.

Note: for 'armed services widower' see subsection 4 (1).".

After subsection 735 (3):

  Add:

  "(4) Special benefit is not payable to a man if:

  (a)     the man is an armed services widower; and

    (b)    the man is receiving a pension under Part II or IV of the Veterans' Entitlements Act at a rate determined under or by reference to subsection 30 (1) of that Act.

Note: for 'armed services widower' see subsection 4 (1).".

After subsection 787 (3):

  Add:

  "(4) A special needs pension is not payable to a man if:

  (a)     the man is an armed services widower; and

    (b)     the man is receiving a pension under Part II or IV of the Veterans' Entitlements Act at a rate determined under or by reference to subsection 30 (1) of that Act.

Note: for 'armed services widower' see subsection 4 (1).".

Section 1067 (Benefit Rate Calculator A—point 1067-K4— subparagraph (b) (iv)):

  (a)     After "Widows" insert ", Widowers".

  (b)     Omit "Wives", substitute "Spouses".

Section 1068 (Benefit Rate Calculator B—point 1068-J4— subparagraph (b) (iv)):

  (a)     After "Widows" insert ", Widowers".

  (b)     Omit "Wives", substitute "Spouses".

PART 2

Veterans' Entitlements Act 1986

Section 5 (Index of definitions):

  (a) Omit:

     "non-illness separated wife 5e (1)",

     substitute:

     "non-illness separated spouse 5e (1)".

  (b) After:
SCHEDULE 2—continued

     "war widow 5e (1)",

     insert:

     "war widower 5e (1)".

Subsection 5e (1) (definition of "non-illness separated wife"):

  Omit the definition.

Subsection 5e (1):

  Insert:

" 'non-illness separated spouse' means a person:

    (a)     who is legally married to a veteran but is living separately and apart from the veteran on a permanent basis; and

    (b)     whose separation has not resulted in a direction under subsection 5r (3); and

   (c) who is not receiving age or invalidity service pension;

'war widower' means a man:

  (a) who was the partner of, or was legally married to:

       (i) a veteran; or

         (ii) a person who was a member of the Forces for the purposes of Part II; or

         (iii) a person who was a member of the Forces for the purposes of Part IV;

     immediately before the death of the veteran or person; and

  (b) who is receiving:

         (i) a pension payable under Part II or IV at a rate determined under or by reference to subsection 30 (1); or

      (ii) a pension that:

           (a) is payable under the law of a foreign country; and

              (b) is, in the opinion of the Commission, similar in character to a pension referred to in subparagraph (i);".

Subsection 5g (4):

     (a)     Omit "non-illness separated wife", substitute "non-illness separated spouse".

   (b)     Omit "wife", substitute "non-illness separated spouse".

Subparagraphs 5l (7) (c) (ii), (d) (ii) and (e) (ii):

  Omit "wife", substitute "spouse".
SCHEDULE 2—continued

Subsection 5m