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VETERANS' ENTITLEMENTS ACT 1986 - SECT 36 Eligibility for age service pension

VETERANS' ENTITLEMENTS ACT 1986 - SECT 36

Eligibility for age service pension

  (1)   Subject to subsection   (4), a person is eligible for an age service pension if the person:

  (a)   is a veteran; and

  (b)   has rendered qualifying service; and

  (c)   has reached pension age.

Note 1A:   For veteran see subsection   5C(1).

Note 1:   For qualifying service see section   7A.

Note 2:   For pension age see section   5QA.

Additional eligibility criterion for Commonwealth veterans, allied veterans and allied mariners

  (2)   Subject to subsection   (2A), a person who is a veteran by reason only of being a Commonwealth veteran, an allied veteran or an allied mariner must, in addition to meeting the requirements of subsection   (1), have been an Australian resident for a continuous period of at least 10 years.

  (2A)   Subsection   (2) does not apply to:

  (a)   a refugee; or

  (b)   a former refugee.

  (3)   Where:

  (a)   a veteran has been an Australian resident during more than one period; and

  (b)   the longer or longest of those periods is less than 10 years but is not less than 5 years; and

  (c)   the aggregate of those periods is more than 10 years;

in the application of subsection   (2) to the veteran, the period of 10 years specified in that subsection is to be reduced by a period equal to the period by which the aggregate is more than 10 years.

  (4)   If:

  (a)   a veteran lodges a proper claim for an age service pension before meeting the eligibility requirements referred to in subsection   (1); and

  (b)   the veteran ceases to be an Australian resident after lodging the claim and before the claim is determined;

the veteran is not eligible for age service pension unless:

  (c)   the day on which the veteran met all the eligibility requirements; and

  (d)   the day from which age service pension would, if the claim were granted, be payable;

are earlier than the day on which the veteran ceased to be an Australian resident.

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