Document ID: chunk:federal_register_of_legislation:C2004A03129:body:0:p6
Version: federal_register_of_legislation:C2004A03129
Segment Type: other
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Character Range: 13206–15895

dependants of the member in accordance with Division 1"; and
    (b) by omitting from sub-section (2) "be liable to pay to the member or his dependants, or both, as the case may be, pensions in accordance with Division 1." and substituting the following:
"be liable to pay—
       (c) in the case of the incapacity of the member—a pension to the member in accordance with Division 1; or
       (d) in the case of the death of the member—pensions to the dependants of the member in accordance with Division 1.".

Extension of application of Act to certain female members of the Forces
19. (1) Section 104 of the Principal Act is amended—
    (a) by omitting sub-paragraph (2) (b) (i); and
    (b) by omitting sub-paragraph (2) (b) (iii).
(2) Section 104 of the Principal Act is amended—
    (a) by omitting from paragraph (2) (e) "and"; and
    (b) by adding at the end the following word and paragraph:
           "; and (g) the references in sub-sections 47 (2), (3) and (5), in their application in accordance with section 99, to war service shall be read as references to war service within the meaning of section 105.".

20. Section 106 of the Principal Act is repealed and the following section is substituted:

Pensions to dependants of certain female members of the Forces
"106. A pension shall not be granted or continued to a dependant of a member of the Forces unless the dependant is without adequate means of support.".

Extension of application of Act to certain male members of the Forces
21. (1) Section 107a of the Principal Act is amended—
    (a) by omitting from sub-paragraph (2) (b) (i) "wife or";
    (b) by adding "and" at the end of sub-paragraph (2) (b) (i);
    (c) by omitting sub-paragraph (2) (b) (ii); and
    (d) by omitting sub-paragraphs (2) (b) (iv) to (vii) (inclusive).
(2) Section 107a of the Principal Act is amended—
    (a) by omitting from paragraph (2) (f) "and"; and
    (b) by adding at the end of sub-section (2) the following word and paragraph:
           "; and (h) section 47 applies as if—
              (i) the references in sub-sections (2), (3) and (5) to war service were read as references to war service within the meaning of section 107b;
              (ii) the reference in sub-section (3) to section 24 were read as a reference to section 107c;
              (iii) the reference in sub-paragraph (3) (a) (ii) to before 12 November 1958 were read as a reference to before the expiration of the period of 40 years commencing on the day immediately following the conclusion of the period of the member's war service within the meaning of section 107b or, if the member rendered more

              than 1 period of such service, the