Veterans’ Entitlements (Partner Service Pension — Retention of Eligibility) Determination 2019 (Cth)

Repatriation Commission

Veterans' Entitlements (Partner Service Pension — Retention of Eligibility) Determination 2019

Instrument 2019 No. R24

The Repatriation Commission, under subsection 38 (2AD) of the Veterans' Entitlements Act 1986, makes the following instrument.

Dated this 5th of September 2019

The Seal of the Repatriation Commission SEAL was affixed hereto in the presence of:

…Elizabeth Cosson… …………D Spinks…………… ELIZABETH COSSON DONALD SPINKS AM CSC AM PRESIDENT COMMISSIONER

1 Name

This instrument is the Veterans' Entitlements (Partner Service Pension — Retention of Eligibility) Determination 2019.

2 Commencement

This instrument commences, or is taken to have commenced, on 20 September 2019.

3 Authority

This instrument is made under subsection 38(2AD) of the Veterans' Entitlements Act 1986.

4 Purpose

The purpose of this instrument is to set out the circumstances in which the married or non-married former partner of a veteran retains eligibility for a partner service pension, despite being separated from the veteran for more than 12 months.

5 Definitions

In this instrument:

Act means the Veterans' Entitlements Act 1986.

former partner of a veteran means a person to whom paragraph 38(1AA)(a), (b) or (c) of the Act applies.

Note: In accordance with paragraph 46(1)(b) of the Acts Interpretation Act 1901, expressions used in this instrument have the same meaning as in the Act, for example:  Commission —subsection 5Q (1) of the Act.  Military Rehabilitation and Compensation Commission —subsection 5Q (1) of the Act.  partner service pension —paragraph (c) of the definition of 'service pension' in subsection 5Q (1) of the Act.  veteran —subsection 5C (1) of the Act.

6 Specified circumstances

(1) Subsections (2) and (3) specify circumstances for subsection 38(2AD) of the Act.