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VETERANS' ENTITLEMENTS ACT 1986 - SECT 13AG

Verification determination

  (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  (a)   the person was eligible for and receiving a pension, on or before 28   May 1984, under one of the repealed Acts as a widow of a deceased member of the Forces or a widow of an Australian Mariner; and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  (c)   the pension was cancelled under the repealed Act only because the person married or remarried.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  (a)   in relation to a repealed Act set out in paragraph   (a) of the definition of repealed Act --pension (other than service pension) payable to a widow under that repealed Act in respect of the death of a member of the Forces; and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"repealed Act" means: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.



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