Commonwealth Consolidated Acts

VETERANS' ENTITLEMENTS ACT 1986 - SECT 37

             (1)  Subject to subsection (6), a person is eligible for an invalidity service pension if the person:

                     (a)  is a veteran; and

                     (b)  has rendered qualifying service; and

                     (c)  is permanently incapacitated for work in accordance with a determination under section 37AA.

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

Note 2:       For qualifying service see section 7A.

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

             (3)  Subject to subsection (3A), 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.

          (3A)  Subsection (3) does not apply to:

                     (a)  a refugee; or

                     (b)  a former refugee.

             (4)  For the purpose of applying subsection (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 (3) 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.

             (5)  Subsection (3) does not apply to a veteran if:

                     (a)  the veteran became permanently incapacitated for work while the veteran was an Australian resident; and

                     (b)  the veteran's permanent incapacity for work was not brought about with a view to obtaining a service pension or a social security pension; and

                     (c)  the veteran does not have an enforceable claim against any person, under any law or contract, for adequate compensation in respect of the permanent incapacity.

             (6)  If:

                     (a)  a veteran lodges a proper claim for an invalidity 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 invalidity service pension unless:

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

                     (d)  the day from which invalidity 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.