Document ID: chunk:federal_register_of_legislation:C2004A04771:section:1940:p15
Version: federal_register_of_legislation:C2004A04771
Segment Type: section
Provision Reference: s 1940 (pt 15/23)
Character Range: 246702–249571

or by reference to subsection 30(1) of that Act; and

   (c) is receiving income support supplement under Part IIIA of that Act or would be eligible for income support supplement under that Part if he or she made a claim under section 451 of that Act.

"(4) Subsection (3) does not apply if:

(a) the person:

        (i) was on 20 March 1995 receiving; and

        (ii) has from that day continuously received; and

        (iii) is receiving;

   disability wage supplement; and

  (b) the person elected under subsection 45E(2) of the Veterans' Entitlements Act, or is taken under subsection 45E(3) of that Act to have elected, to continue to receive disability wage supplement.

"(5) Subsection (3) does not apply if:

  (a) before 20 March 1995, the person had made a claim for disability wage supplement; and

  (b) the person elected under subsection 45F(2) of the Veterans' Entitlements Act, or is taken under subsection 45F(3) of that Act to have elected, to receive disability wage supplement in the event that it were granted to him or her; and

  (c) on or after 20 March 1995, the person was granted disability wage supplement; and

  (d) the person has since that time continued to receive, and is receiving, disability wage supplement.

"(6) Subsection (3) does not apply if:

(a) before 20 March 1995:

        (i) the person had made a claim for disability wage supplement; and

        (ii) the claim had been rejected; and

        (iii) the person had applied, under Chapter 6, for a review of the decision to reject the claim; and

  (b) the person elected under subsection 45G(2) of the Veterans' Entitlements Act, or is taken under subsection 45G(3) of that Act to have elected, to receive disability wage supplement in the event that it were granted to him or her after review of the decision; and

  (c) on or after 20 March 1995, the decision to reject the claim was set aside and the person was granted disability wage supplement; and

  (d) the person has since that time continued to receive, and is receiving, disability wage supplement.".

                         SCHEDULE 1 Section 15

FURTHER AMENDMENTS OF THE VETERANS' ENTITLEMENTS
ACT 1986 RELATING TO DIVISION 3 OF PART 2

1. Subsection 5E(1) (subparagraph (b)(ii) of the definition of "war widow"):

   Omit the subparagraph.

2. Subsection 5E(1) (sub-subparagraph (b)(iv)(B) of the definition of "war widow"):

  Omit ", (ii)".

3. Paragraph 5H(8)(d):

  Omit the paragraph.

4. Paragraph 5H(8)(e):

  Omit ", (c) or (d)", substitute "or (c)".

5. Paragraph 5H(8)(e) (Note):

  Omit ", (d)".

6. Paragraph 5H(8)(g):

  Omit the paragraph (but not the Note).

7. Paragraph 5H(8)(g) (Note):

  Omit "or (g)".

8. Subparagraph 5H(8)(zb)(viii):

  Omit "or".

9. Subparagraphs 5H(8)(zb)(ix) and (x):

  Omit the subparagraphs.

10. Paragraph 5H(8)(zc):

  Omit the paragraph.

11.