Document ID: chunk:federal_register_of_legislation:C2024C00866:section:116:p2
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 116 (pt 2/3)
Character Range: 1498422–1500878

the Commission under subsection 116A(1) for the purposes of this paragraph.
eligible grandchild of a Vietnam veteran means a person determined under subsection 116CC(2) to be included in a class of persons that has been determined by the Commission under subsection 116CA(1) for the purposes of this definition.
grandchild of a veteran means a person who is a child of a person who is a child of the veteran. The definition of child in subsection 5F(1) does not apply for the purposes of this definition.
Note: Section 10 deals with interpreting references to a child of a veteran or to a child of a person who is not a veteran.
member of the Forces and member of a Peacekeeping Force have the same respective meanings as they have in Part IV.
Vietnam service means operational service in Vietnam that is covered by section 6C, 6E or 6F.
 (2) If, after the death of a member of the Forces, or of a member of a Peacekeeping Force, a pension is granted in respect of the member under Part IV, or the rate of the pension granted to the member under Part IV is increased, as from a date before the death of the member in circumstances where:
 (a) subsection 22(4) or section 24 applied to the member; or
 (b) the member was suffering from an incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1);
then, the member is taken, for the purposes of the definition of eligible child of a member of the Forces, or of a member of a Peacekeeping Force in subsection (1), to have been:
 (c) if paragraph (a) applies—a member to whom subsection 22(4) or section 24 applied immediately before his or her death; or
 (d) if paragraph (b) applies—in receipt of that pension or of pension at that increased rate, as the case may be, immediately before his or her death.
 (3) If, after the death of a veteran, a pension is granted in respect of the veteran under Part II, or the rate of the pension granted to the veteran under Part II is increased, as from a date before the death of the veteran in circumstances where:
 (a) subsection 22(4) or section 24 applied to the veteran; or
 (b) the veteran was suffering from an incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1);
then, the veteran is taken, for the purposes of the definition of eligible child of a veteran in subsection (1), to have been:
 (c) if paragraph (a) applies—a veteran to whom subsection 22(4) or section 24 applied immediately