VETERANS' ENTITLEMENTS ACT 1986 - SECT 53D Eligibility for treatment at Departmental expense

VETERANS' ENTITLEMENTS ACT 1986 - SECT 53D

  (1)   A veteran who is receiving an age or invalidity service pension is eligible to be provided with treatment under Part   V for any injury suffered, or disease contracted, by the veteran if:

  (a)   the veteran is a veteran to whom section   53E applies; and

  (ab)   the veteran is a veteran within the meaning of paragraph   (a) of the definition of veteran in subsection   5C(1); and

  (b)   the veteran is not a veteran only because the veteran has rendered service as described in item   3 of the table in subsection   6A(1) or as described in subsection   6C(2).

Note 2:   A partner service pensioner may be eligible to be provided with treatment under Part   V if he or she is receiving a pension under Part   II at 50% of the general rate or higher (see subsection   85(7)).

Note 3:   Some veterans who are not receiving an age or invalidity service pension because of Division   3 of Part   IIIB are treated as continuing to be eligible under section   53D to be provided with treatment under Part   V (see section   83 of the Veterans' Affairs Legislation Amendment Act 1992 ).

Note 4:   A veteran who was taken to be eligible for fringe benefits because of subsection   17(1) or (2) of the Veterans' Entitlements (Rewrite) Transition Act 1991 as in force immediately before the commencement of Schedule   5 to the Veterans' Affairs Legislation Amendment (Budget and Compensation Measures) Act 1997 and who is receiving an age or invalidity service pension is eligible under section   53D to be provided with treatment under Part   V if paragraph   53D(1)(b) applies to the veteran.

  (2)   Paragraph   (1)(b) does not make a veteran ineligible to be provided with treatment under Part   V if the veteran satisfies the Commission that the veteran was domiciled in Australia or an external Territory immediately before the veteran's appointment or enlistment for service as described in item   3 of the table in subsection   6A(1) or as described in subsection   6C(2).

Note:   Section   11B may affect a person's domicile immediately before appointment or enlistment.

  (3)   If a veteran's service pension is suspended, the Commission may determine that the veteran is to be treated, for the purposes of this section, as if the veteran were continuing to receive the service pension during the whole or a specified part of the period of suspension.

  (4)   A determination under subsection   (3) must be in writing.

  (4A)   If:

  (a)   a veteran begins to receive a veteran payment on a day; and

  (b)   on the day before that day the veteran was receiving an age or invalidity service pension;

then, for the purposes of this section, the veteran is taken to be receiving an age or invalidity service pension, and paragraph   (1)(a) is taken to be satisfied, while the veteran is receiving that veteran payment.

  (5)   This section applies to an injury suffered, or a disease contracted, by a veteran whether before or after the commencement of this section.