Document ID: chunk:federal_register_of_legislation:C2004A03129:schedule:1:p5
Version: federal_register_of_legislation:C2004A03129
Segment Type: schedule
Provision Reference: sch 1 (pt 5/12)
Character Range: 48789–51659

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 special service or, if the member rendered more than 1 period of such service, the conclusion of the last of those periods;
        (v) the words 'and whose war service included qualifying war service' were omitted from sub-paragraph (3) (a) (ii);
        (vi) the reference in sub-section (4) to the regulations under the Repatriation Act were read as a reference to the regulations under this Act; and
        (vii) paragraph (5) (a) were omitted;".

Pensions payable to certain dependent females
62. Section 8 of the Principal Act is amended—
    (a) by omitting from paragraph (1) (a) "incapacity or"; and
    (b) by omitting from sub-section (2) "wife or widow, as the case may be," and substituting "widow".

Pension to divorced wife of member
63. Section 9 of the Principal Act is amended by omitting "incapacity or".

64. Section 10 of the Principal Act is repealed and the following section is substituted:

Limitations on pensions to dependants of female members
"10. A pension under this Act shall not be granted or continued to a child of a female member of the Forces unless the child is without adequate means of support.".

PART VII—TRANSITIONAL PROVISIONS

Interpretation
65. In this Part—
    "Commission" means the Repatriation Commission;
    "relevant Act" means—
        (a) the Repatriation Act 1920;
        (b) the Seamen's War Pensions and Allowances Act 1940;
        (c) the Interim Forces Benefits Act 1947;
        (d) the Repatriation (Far East Strategic Reserve) Act 1956; or
        (e) the Repatriation (Special Overseas Service) Act 1962.

Application of amendments relating to dependants' pensions
66. (1) The amendments and repeals effected by the relevant provisions of this Act to the relevant Acts apply to and in relation to grants of pension made after the commencement of this section (including grants of pension made after the commencement of this section in relation to claims made before the commencement of this section).
(2) Notwithstanding the amendments and repeals effected by the relevant provisions of this Act to the relevant Acts, pensions that—
    (a) were granted under the relevant Acts before the commencement of this section;
    (b) were payable immediately before the commencement of this section; and
    (c) would not have been payable if the relevant Acts as affected by the amendments and repeals effected by the relevant provisions of this Act had been in force at the time when those pensions were granted,
continue, by force of this sub-section, to be payable, after the commencement of this section, as if those amendments and repeals had not been made.
(3) In this section, "relevant provisions" means sections 4 to 15 (inclusive), sub-section