Document ID: chunk:federal_register_of_legislation:C2024C00866:section:13:p4
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 13 (pt 4/5)
Character Range: 306049–308666

marriage or entry into the de facto relationship occurred; and
 (b) a decision granting a pension to the dependant under this section made after the commencement of this Act by the Commission, the Board, the Administrative Review Tribunal or the former Administrative Appeals Tribunal after that re‑marriage, marriage or entry into the de facto relationship occurred (including a decision granting such a pension as from a date before that re‑marriage, marriage or entry into the de facto relationship occurred) is void and of no effect unless the decision was made upon consideration or re‑consideration of a claim for that pension made as described in subparagraph (a)(ii).
Note: For the meaning of reinstated pensioner see section 11AA.
 (8A) Where a dependant of a deceased veteran (not being a reinstated pensioner or a child of the veteran) has re‑married or married after the death of the veteran but on or before 28 May 1984:
 (a) the Commonwealth is not liable to pay a pension to the dependant under this section unless the decision by the Commission, the Board or the former Administrative Appeals Tribunal, as the case may be, to grant the pension was made before the commencement of section 7 of the Veterans' Affairs Legislation Amendment Act 1988; and
 (b) a decision granting a pension to the dependant under this section made after the commencement referred to in paragraph (a) by the Commission, the Board or the former Administrative Appeals Tribunal (including a decision granting such a pension as from a date before that commencement) is void and of no effect.
Note: For the meaning of reinstated pensioner see section 11AA.
 (8B) If:
 (a) a male dependant of a deceased veteran (not being a child of the veteran) has re‑married or married after the death of the veteran; and
 (b) the re‑marriage or marriage occurred before 22 January 1991;
the Commonwealth is not liable to pay a pension to that dependant under this section.
 (9) Where a person is in receipt of, or is eligible to receive, a pension under this Part as the widow or widower of a deceased veteran, the Commonwealth is not liable to pay another pension to the person under this Part as the widow or widower of another deceased veteran or under Part IV as the widow or widower of a member of the Forces, or a member of a Peacekeeping Force, as defined by subsection 68(1).
 (10) Where a person who is in receipt of, or is eligible to receive, a pension under this Part as the child of a deceased person, being a veteran, would, but for this subsection, become eligible to receive a pension under this Part or Part IV as the child