Document ID: chunk:federal_register_of_legislation:F2019L01151:reg:6
Version: federal_register_of_legislation:F2019L01151
Segment Type: reg
Provision Reference: reg 6
Character Range: 1842–3362

6  Specified circumstances

     (1) Subsections (2) and (3) specify circumstances for subsection 38(2AD) of the Act.

     (2) On the first day on which the former partner of a veteran does not reside in the same residence as the veteran (the first separate residence day), the veteran has a psychological or other mental health incapacity caused by any of the following:

         (a) a war‑caused injury or war‑caused disease for which the Commission has determined that the veteran is entitled to be granted a pension;

         (b) a defence‑caused injury or defence‑caused disease for which the Commission has determined that the veteran, as a member of the Forces or member of a Peacekeeping Force, is entitled to be granted a pension;

         (c) a service injury or service disease, within the meaning given by the Military Rehabilitation and Compensation Act 2004, for which the Military Rehabilitation and Compensation Commission has determined to accept liability;

         (d) a disease or disorder, mentioned in subsection 85 (2) of the Act, for which the veteran is eligible for treatment under the Act;

         (e) a condition to which a determination under paragraph 88A (1) (a) of the Act applies.

     (3) The Commission is satisfied that, before the first separate residence day, the domestic environment shared by the former partner of the veteran with the veteran was, because of the veteran's behaviour, unsafe or abusive for the former partner or any child of the former partner.