VETERANS' ENTITLEMENTS ACT 1986 - SECT 36H Claimant must be Australian resident and in Australia

VETERANS' ENTITLEMENTS ACT 1986 - SECT 36H

  (1)   Subject to subsection   (2), a claim is not a proper claim unless the veteran making the claim, or on whose behalf the claim is being made, is:

  (a)   an Australian resident; and

  (b)   in Australia;

on the day on which the claim is lodged.

Note:   For Australian resident see section   5G.

  (2)   Subsection   (1) does not apply to a veteran's claim if:

  (a)   the veteran is outside Australia and is receiving:

  (i)   invalidity service pension; or

  (ii)   partner service pension; or

  (iii)   income support supplement; or

  (iiia)   veteran payment; or

  (iv)   a social security pension; and

  (b)   the veteran would, if that pension, supplement or payment were cancelled, be eligible for age service pension.

Note 1:   If the veteran ceases to be an Australian resident after having made a proper claim and after having met all the eligibility requirements (section   36), the veteran's eligibility is not affected.

Note 2:   For social security pension see subsection   5Q(1).