Commonwealth Consolidated Acts

VETERANS' ENTITLEMENTS ACT 1986 - SECT 13AG

             (1)  The Commission must determine that a person is a reinstated pensioner if the Commission is satisfied that:

                     (a)  the person was eligible for and receiving a pension, on or before 28 May 1984, under one of the repealed Acts as a widow of a deceased member of the Forces or a widow of an Australian Mariner; and

                     (b)  the person remarried on or before that date; and

                     (c)  the pension was cancelled under the repealed Act only because the person married or remarried.

             (2)  A determination under this section:

                     (a)  must be in writing; and

                     (b)  takes effect from the day, under section 13B, that pension becomes liable to be paid to the reinstated pensioner.

             (3)  In subsection (1):

"Australian Mariner" has the meaning it had in the Seamen's War Pensions and Allowances Act 1940 .

"pension" means:

                     (a)  in relation to a repealed Act set out in paragraph (a) of the definition of repealed Act -- pension (other than service pension) payable to a widow under that repealed Act in respect of the death of a member of the Forces; and

                     (b)  in relation to the Seamen's War Pensions and Allowances Act 1940 --pension payable to a widow under that Act in respect of the death of an Australian Mariner.

"repealed Act" means:

                     (a)  an Act specified in Part I, II, III, IV or V of Schedule 1; or

                     (b)  the Seamen's War Pensions and Allowances Act 1940 .

             (4)  A reference in subsection (1) to a member of the Forces is a reference to:

                     (a)  a member of the Forces within the meaning of:

                              (i)  Divisions 1, 6 and 8 of Part III of the Repatriation Act 1920 ; or

                             (ii)  the Repatriation (Far East Strategic Reserve) Act 1956 ; or

                            (iii)  the Repatriation (Special Overseas Service) Act 1962 ; and

                     (b)  a member of the Forces, or a member of a Peacekeeping Force, as defined by subsection 68(1) of this Act; and

                     (c)  a member of the Interim Forces within the meaning of the Interim Forces Benefits Act 1947 ; and

                     (d)  a person the incapacity or death of whom was taken, 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.