Tax Laws Amendment (Simplified Superannuation) Act 2007 (9 of 2007)

Schedule 9   Veterans' Entitlements Act 1986

Part 1   Amendments commencing 20 September 2007

15   Transitional arrangements

(1) If:

(a) a person is not receiving a particular relevant payment immediately before 20 September 2007; and

(b) the person makes a claim for the relevant payment during the claim period;

then:

(c) if the relevant payment is an age service pension - the day on which the determination under section 36L of the Veterans’ Entitlements Act 1986 in relation to that pension takes effect is the earlier of:

(i) the transitional day for the person in relation to the relevant payment; and

(ii) the day on which the determination would take effect under section 36M of that Act, but for this item; and

(d) if the relevant payment is an invalidity service pension - the day on which the determination under section 37L of the Veterans’ Entitlements Act 1986 in relation to that pension takes effect is the earlier of:

(i) the transitional day for the person in relation to the relevant payment; and

(ii) the day on which the determination would take effect under section 37M of that Act, but for this item; and

(e) if the relevant payment is a partner service pension - the day on which the determination under section 38L of the Veterans’ Entitlements Act 1986 in relation to that pension takes effect is the earlier of:

(i) the transitional day for the person in relation to the relevant payment; and

(ii) the day on which the determination would take effect under section 38M of that Act, but for this item; and

(f) if the relevant payment is income support supplement - the day on which the determination under section 45Q of the Veterans’ Entitlements Act 1986 in relation to the income support supplement takes effect is the earlier of:

(i) the transitional day for the person in relation to the relevant payment; and

(ii) the day on which the determination would take effect under section 45R of that Act, but for this item.

(2) If:

(a) a person is not receiving a particular relevant payment immediately before 20 September 2007; and

(b) the person makes a claim for the relevant payment during the claim period; and

(c) on the day on which the claim is made:

(i) the person is not eligible to receive the relevant payment; or

(ii) the relevant payment is not payable to the person; and

(d) the person was eligible to receive the relevant payment, and the relevant payment was payable to the person, during a period (the relevant period ) that fell before that day and within the claim period;

then:

(e) the Commission may make a determination granting the claim; and

(f) the day on which the determination under section 36L, 37L, 38L or 45Q of the Veterans’ Entitlements Act 1986 takes effect (despite sections 36M, 37M, 38M and 45R of that Act) is the earlier of:

(i) the first day of the relevant period; and

(ii) the day on which the determination would take effect under section 36M, 37M, 38M or 45R of that Act but for this item.

(3) In this item:

claim period means the period commencing on 20 September 2007 and ending on 20 December 2007 (both dates inclusive).

relevant payment means one of the following:

(a) a service pension;

(b) income support supplement.

transitional day , for a person in relation to a relevant payment, means the day that is the later of:

(a) 20 September 2007; and

(b) the day on which the relevant payment first becomes payable to the person.