Commonwealth Consolidated Acts

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VETERANS' ENTITLEMENTS ACT 1986 - SECT 36

Eligibility for age service pension

             (1)  Subject to subsection (4), a person is eligible for an age service pension if the person:

                     (a)  is a veteran; and

                     (b)  has rendered qualifying service; and

                     (c)  has reached pension age.

Note 1A:    For veteran see subsection 5C(1).

Note 1:       for qualifying service see section 7A.

Note 2:       For pension age see section 5QA.

Additional eligibility criterion for Commonwealth veterans, allied veterans and allied mariners

             (2)  Subject to subsection (2A), a person who is a veteran by reason only of being a Commonwealth veteran, an allied veteran or an allied mariner must, in addition to meeting the requirements of subsection (1), have been an Australian resident for a continuous period of at least 10 years.

          (2A)  Subsection (2) does not apply to:

                     (a)  a refugee; or

                     (b)  a former refugee.

             (3)  Where:

                     (a)  a veteran has been an Australian resident during more than one period; and

                     (b)  the longer or longest of those periods is less than 10 years but is not less than 5 years; and

                     (c)  the aggregate of those periods is more than 10 years;

in the application of subsection (2) to the veteran, the period of 10 years specified in that subsection is to be reduced by a period equal to the period by which the aggregate is more than 10 years.

             (4)  If:

                     (a)  a veteran lodges a proper claim for an age service pension before meeting the eligibility requirements referred to in subsection (1); and

                     (b)  the veteran ceases to be an Australian resident after lodging the claim and before the claim is determined;

the veteran is not eligible for age service pension unless:

                     (c)  the day on which the veteran met all the eligibility requirements; and

                     (d)  the day from which age service pension would, if the claim were granted, be payable;

are earlier than the day on which the veteran ceased to be an Australian resident.



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