Commonwealth Numbered Acts Commonwealth Numbered Acts
Veterans' Entitlements Act 1986
1 Subsection 53K(4)
Omit "section 53M", substitute "sections 53M and 53NAA".
2 Subsection 53L(6)
Omit "section 53M", substitute "sections 53M and 53NAA".
3 At the end of section 53N
Add:
(3) This section has effect subject to section 53NAA.
4 After section 53N
Insert:
53NAA Matters affecting bereavement payments under this Subdivision
If:
(a) bereavement payments mentioned in subsection 53K(3), 53L(4) or 53N(2) are payable to the pensioner in relation to the death of the partner; and
(b) after the partner died, an amount of a pension, or a social security pension, to which the partner would have been entitled if the partner had not died has been paid under this Act or the Social Security Act 1991 ; and
(c) the Commission is not satisfied that the pensioner has not had the benefit of that amount;
the following provisions have effect:
(d) the amount referred to in paragraph (b) is not recoverable from the pensioner or from the personal representative of the partner, except to the extent (if any) that the amount exceeds the amount of the bereavement payments referred to in paragraph (a);
(e) the amount of the bereavement payments referred to in paragraph (a) is to be reduced by the amount referred to in paragraph (b).
5 Application provision
Section 53NAA of the Veterans' Entitlements Act 1986 , as inserted by this Schedule, applies in relation to the following:
(a) bereavement payments referred to in paragraph 53NAA(a) of that Act that became payable on or after 1 January 1996;
(b) deaths referred to in paragraph 53NAA(a) of that Act that occurred on or after 1 January 1996;
(c) amounts referred to in paragraph 53NAA(b) of that Act that have been paid on or after 1 January 1996.