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VETERANS' ENTITLEMENTS ACT 1986 - SECT 116

Interpretation

             (1)  In this Part, unless the contrary intention appears:

"eligible child " means:

                     (a)  an eligible child of a member of the Forces, or of a member of a Peacekeeping Force; or

                     (b)  an eligible child of a veteran.

"eligible child of a member of the Forces, or of a member of a Peacekeeping Force " means:

                     (a)  a child of a deceased member of the Forces, or of a deceased member of a Peacekeeping Force, being a member:

                              (i)  whose death was defence-caused; or

                             (ii)  who was, immediately before his or her death, a member to whom subsection 22(4) or section 24 applied; or

                            (iii)  who was, immediately before his or her death, in receipt of a pension under Part IV in respect of incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1); or

                     (b)  a child of a member of the Forces, or of a member of a Peacekeeping Force, being a member:

                              (i)  to whom subsection 22(4) or section 24 applies; or

                             (ii)  who is in receipt of a pension under Part IV in respect of incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1).

"eligible child of a veteran " means:

                     (a)  a child of a deceased veteran, being a veteran:

                              (i)  whose death was war-caused; or

                             (ii)  who was, immediately before his or her death, a veteran to whom subsection 22(4) or section 24 applied; or

                            (iii)  who was, immediately before his or her death, in receipt of a pension under Part II in respect of incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1); or

                            (iv)  who was a prisoner of war at a time when the veteran was on operational service; or

                     (b)  a child of a veteran, being a veteran:

                              (i)  to whom subsection 22(4) or section 24 applies; or

                             (ii)  who is in receipt of a pension under Part II in respect of incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1); or

                     (d)  a child of a deceased veteran, being a child who is in receipt of, or is eligible to be granted, a pension under subsection 13(4); or

                     (e)  a person determined under subsection 116C(2) to be included in a class that has been determined by the Commission under subsection 116A(1) for the purposes of this paragraph.

"member of the Forces and member of a Peacekeeping Force" have the same respective meanings as they have in Part IV.

"Scheme " means:

                     (a)  the Veterans' Children Education Scheme prepared by the Commission in pursuance of this Part and approved by the Minister, other than such a scheme that has been revoked; or

                     (b)  if that Scheme has been varied and the variation has been approved by the Minister, that Scheme as so varied.

             (2)  If, after the death of a member of the Forces, or of a member of a Peacekeeping Force, a pension is granted in respect of the member under Part IV, or the rate of the pension granted to the member under Part IV is increased, as from a date before the death of the member in circumstances where:

                     (a)  subsection 22(4) or section 24 applied to the member; or

                     (b)  the member was suffering from an incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1);

then, the member is taken, for the purposes of the definition of eligible child of a member of the Forces, or of a member of a Peacekeeping Force in subsection (1), to have been:

                     (c)  if paragraph (a) applies--a member to whom subsection 22(4) or section 24 applied immediately before his or her death; or

                     (d)  if paragraph (b) applies--in receipt of that pension or of pension at that increased rate, as the case may be, immediately before his or her death.

             (3)  If, after the death of a veteran, a pension is granted in respect of the veteran under Part II, or the rate of the pension granted to the veteran under Part II is increased, as from a date before the death of the veteran in circumstances where:

                     (a)  subsection 22(4) or section 24 applied to the veteran; or

                     (b)  the veteran was suffering from an incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1);

then, the veteran is taken, for the purposes of the definition of eligible child of a veteran in subsection (1), to have been:

                     (c)  if paragraph (a) applies--a veteran to whom subsection 22(4) or section 24 applied immediately before his or her death; or

                     (d)  if paragraph (b) applies--in receipt of that pension or of pension at that increased rate, as the case may be, immediately before his or her death.

             (4)  Where:

                     (a)  before an eligible child attains the age of 25 years, approval is given under the Veterans' Children Education Scheme for the child to undertake a course of education or training;

                     (b)  the child attains the age of 25 years before completing that course; and

                     (c)  the child continues, after attaining the age of 25 years, to undertake that course for the purpose of completing it;

this Part applies to and in relation to the continued undertaking of that course by the child after he or she attained the age of 25 years as if he or she were under the age of 25 years.



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