Commonwealth Consolidated Acts

VETERANS' ENTITLEMENTS ACT 1986 - SECT 22

             (1)  This section applies to a veteran who is being paid, or is eligible to be paid, a pension under this Part, other than a veteran to whom section 23, 24 or 25 applies.

             (2)  Subject to this Division, the rate at which pension is payable to a veteran to whom this section applies in respect of the incapacity of the veteran from war‑caused injury or war‑caused disease, or both, is the rate per fortnight that constitutes the same percentage of the general rate as the percentage determined by the Commission in accordance with section 21A to be the degree of incapacity of the veteran from that war‑caused injury or war‑caused disease, or both, as the case may be.

             (3)  For the purposes of this section, the maximum rate per fortnight is $338.94 per fortnight.

             (4)  Where:

                     (a)  either:

                              (i)  the degree of incapacity of a veteran from war‑caused injury or war‑caused disease, or both, is determined under section 21A to be 100% or has been so determined by a determination that is in force; or

                             (ii)  a veteran is, because he or she has suffered or is suffering from pulmonary tuberculosis, receiving or entitled to receive a pension at the maximum rate per fortnight specified in subsection (3);

                     (b)  the veteran has attained the age of 65;

                     (c)  the veteran has an impairment rating of at least 70 points and a lifestyle rating of at least 6 points, each determined in accordance with the approved Guide to the Assessment of Rates of Veterans' Pensions; and

                     (d)  the veteran is not receiving a pension at a rate provided for by section 23, 24 or 25;

the rate at which pension is payable to the veteran is $510.40 per fortnight.

             (5)  For the purpose of subsection (4), a veteran who has been granted a pension at a rate specified in subsection (3) or provided for by section 23, 24 or 25 shall be taken to be receiving a pension at the rate specified in, or provided for by, the provision concerned even if:

                     (a)  the rate has been reduced, or the pension is not payable, because of section 26, 30C, 30D or 74;

                     (b)  amounts are being deducted from the pension under section 30P, 79 or 205; or

                     (c)  the pension has been suspended under subsection 31(6).