VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 43 Claim for service pension, &c.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 43

43. (1) A claim for a service pension, for a wife's service pension or for a
carer's service pension-

   (a)  shall be in writing and in accordance with a form approved by the
        Commission;

   (b)  shall be accompanied by such evidence available to the claimant as the
        claimant considers may be relevant to the claim;

   (c)  shall be made by forwarding to, or delivering at, an office of the
        Department in Australia the application and any evidence referred to
        in paragraph (b).

(2) A claim for a service pension for a veteran, a wife's service pension for
the wife or widow of a veteran or a carer's service pension for the relative
of a veteran may be made-

   (a)  by the prescribed person referred to in sub-section (3);

   (b)  with the approval of that prescribed person, by another person on
        behalf of that prescribed person; or

   (c)  in a case where that prescribed person is unable, by reason of
        physical or mental incapacity, to approve another person to make the
        claim on his or her behalf-by another person, being a person approved
        by the Commission, on behalf of that prescribed person.

(3) For the purpose of sub-section (2)-

   (a)  if the claim is for a service pension for a veteran, the veteran is
        the prescribed person;

   (b)  if the claim is for a wife's service pension for the wife or widow of
        a veteran, the wife or widow is the prescribed person; or

   (c)  if the claim is for a carer's service pension for a relative of a
        veteran, the relative is the prescribed person.

(4) Subject to sub-section 63 (4), a veteran is not eligible to lodge a claim
for a service pension unless the veteran is residing in, and is physically
present in, Australia.

(5) Subject to sub-section 63 (4)-

   (a)  the wife or widow of a veteran is not eligible to lodge a claim for a
        wife's service pension unless she is residing in, and is physically
        present in, Australia; and

   (b)  the relative of a veteran is not eligible to lodge a claim for a
        carer's service pension unless the relative is residing in, and is
        physically present in, Australia.

(6) A veteran may, instead of making a claim for a service pension, make a
claim for a decision that the veteran has rendered qualifying service and, if
a veteran does so-

   (a)  the claim shall be made, dealt with and determined under this Act in
        like manner as a claim for a service pension is required to be made,
        dealt with and determined;

   (b)  a decision that the veteran has not rendered qualifying service is
        subject to review as if it were such a decision given in the course of
        determining a claim for a service pension; and

   (c)  a decision of the Commission, the Board or the Administrative Appeals
        Tribunal that the veteran has rendered qualifying service is, for all
        purposes of this Act, evidence that the veteran had rendered
        qualifying service.