Document ID: chunk:federal_register_of_legislation:C2016C00143:section:4:p1
Version: federal_register_of_legislation:C2016C00143
Segment Type: section
Provision Reference: s 4 (pt 1/6)
Character Range: 7955–10506

4  Existing pensions, other than service pensions
 (1) In this section, unless the contrary intention appears:
 (a) pension means pension other than service pension;
 (b) a reference to a member of the Forces (including a deceased member of the Forces) shall be read as a reference to a member of the Forces within the meaning of:
 (i) Division 1, 6, 7, 8 or 9 of Part III of the Repatriation Act;
 (ii) the Repatriation (Far East Strategic Reserve) Act 1956; or
 (iii) the Repatriation (Special Overseas Service) Act 1962;
  and as including a reference to:
 (iv) a member of the Interim Forces within the meaning of the Interim Forces Benefits Act 1947; and
 (v) a person the incapacity or death of whom is deemed, by section 7A of the Repatriation (Special Overseas Service) Act 1962, to have resulted from an occurrence that happened during a period of special service of the person as a member of the Forces;
 (c) a reference to a dependant of a member of the Forces (including a deceased member of the Forces) shall be read as a reference to a person who is, within the meaning of the Division or Act specified in paragraph (b) that is applicable to that member, a dependant of that member, including, but without limiting the generality of the foregoing, a person to whom a pension was, immediately before the commencing date, payable under section 44 of the Repatriation Act; and
 (d) widow has the same meaning as in section 5E of the Veterans' Entitlements Act.
 (2) Where a person who was a member of the Forces was, immediately before the commencing date, in receipt of a pension under a repealed Act in respect of incapacity from an injury suffered, or disease contracted, by the person, the Veterans' Entitlements Act applies to and in relation to the person as if:
 (a) that pension had been granted to the person under Part II of the Veterans' Entitlements Act;
 (b) that person had been determined, under the Veterans' Entitlements Act, to be a veteran as defined by paragraph (a) of the definition of veteran in subsection 5C(1) of that Act; and
 (c) that injury had been determined, under the Veterans' Entitlements Act, to be a war‑caused injury, or that disease had been so determined to be a war‑caused disease, as the case may be.
 (3) Where a person who was a dependant of a deceased member of the Forces, being a person who was the widow or a child of that member of the Forces, was, immediately before the commencing date, in receipt of a pension under a repealed Act in respect of the death of that member of the Forces, the