Document ID: chunk:federal_register_of_legislation:C2004A04149:body:0:p3
Version: federal_register_of_legislation:C2004A04149
Segment Type: other
Provision Reference: 
Character Range: 4692–7437

date that is not earlier than 22 January 1991.

Certain claims may be made after re-marriage or marriage—pensions under Part IV of the Principal Act

10. In spite of subsection 70 (1) of the Principal Act, the Commonwealth is liable to pay a pension to a male dependant of a deceased veteran (other than a child of the veteran) under section 70 of the Principal Act if:

    (a)     the dependant re-married or married after the death of the veteran; and

    (b)     the re-marriage or marriage occurred on or after 22 January 1991; and

    (c)     the dependant made a claim in writing for a pension under section 70 (whether or not in a form approved under paragraph 14 (3) (a) and whether or not before the re-marriage or marriage occurred); and

    (d)     the claim was made after 21 January 1991 and before 1 October 1991; and

  (e)     the Commission grants the claim.

Certain expressions are taken to have particular meaning on and after 22 January 1991

  11. (1) In this section:

"interim period" means the period beginning on 22 January 1991 and ending immediately before 1 July 1991;

"wife's service pension" means the pension eligibility for which is specified under section 40 of the Principal Act as in force immediately before the interim period;

"WSP provision" means a provision in any Act in force on or after 22 January 1991 that refers to wife's service pension.

(2) For the purpose of the application of a WSP provision during the interim period, the provision is taken to have effect as follows:

    (a)     any reference in the provision to "wife's service pension" is taken to be a reference to "spouse's service pension";

    (b)     any reference in the provision to "wife of a veteran" is taken to include a reference to "husband of a veteran";

  (c)     any reference in the provision to "widow of a deceased veteran"
     is taken to include a reference to "widower of a deceased veteran";

    (d) any gender-specific expression in the WSP provision is taken to have the corresponding meaning consequential to paragraphs (a), (b) and (c).

Application

12. The amendments of section 118ja of the Principal Act made by section 5 apply to payments under that Act that fell or fall due on or after 20 March 1991.

________

                  SCHEDULE 1   Section 3

MODIFICATIONS AND AMENDMENTS OF VETERANS' ENTITLEMENTS ACT 1986 (COMMENCING ON 22 JANUARY 1991)

PART 1

Modifications of Veterans' Entitlements Act 1986

Paragraph 11 (1) (b):

  Omit the paragraph, substitute:

      "(b) in respect of a female veteran (including a veteran who has died):

       (i) the husband or widower of the veteran; or

         (ii) a man with whom the veteran is living, or was living immediately before her