Document ID: chunk:federal_register_of_legislation:C2024C00866:section:37h
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 37H
Character Range: 452967–453978

37H  Claimant must be Australian resident and in Australia
 (1) Subject to subsection (2), a claim is not a proper claim unless the veteran making the claim, or on whose behalf the claim is being made, is:
 (a) an Australian resident; and
 (b) in Australia;
on the day on which the claim is lodged.
Note: For Australian resident see section 5G.
 (2) Subsection (1) does not apply to a veteran's claim if:
 (a) the veteran is outside Australia and is receiving:
 (i) age service pension; or
 (ii) partner service pension; or
 (iii) income support supplement; or
 (iiia) veteran payment; or
 (iv) a social security pension; and
 (b) the veteran would, if that pension, supplement or payment were cancelled, be eligible for invalidity service pension.
Note 1: If the veteran ceases to be an Australian resident after having made a proper claim and after having met all the eligibility requirements (section 37), the veteran's eligibility is not affected.
Note 2: For social security pension see subsection 5Q(1).