Commonwealth Consolidated Acts

VETERANS' ENTITLEMENTS ACT 1986 - SECT 205AA

                   Where:

                     (a)  a pension or allowance (in this section called the new pension or allowance ) becomes payable, or becomes payable at an increased rate, to a person under this Act from a date (in this section called the operative date ), being the date on which the decision to grant the new pension or allowance, or to increase the rate of the new pension or allowance, is made (in this section called the date of the decision ), or a date before or after the date of the decision;

                     (b)  the person has been paid before, or is paid on or after, the date of the decision:

                              (i)  a pension or allowance under this Act or under the provisions of any other Act administered by the Minister; or

                             (ii)  a pension, benefit or allowance under the Social Security Act or the Social Security Act 1947 ;

                            (in this section called the existing pension, benefit or allowance ) in respect of a period commencing on or after the operative date; and

                     (c)  an amount, or amounts, of the existing pension, benefit or allowance has or have been paid, in respect of a period commencing on or after the operative date, that would not have been paid if the new pension or allowance had then been payable, or payable at the higher rate, as the case may be;

an amount equal to the amount, or sum of the amounts, of the existing pension, benefit or allowance paid to the person that would not have been paid to the person shall, unless the Commission takes action under paragraph 206(1)(a) or (b) in respect of that amount, be deducted, either in a lump sum or by instalments, as the Commission determines, from amounts of the new pension or allowance payable to the person.