85BTreatment under section 279 or 280 of the MRCA if a person is entitled to treatment under the VEA for a separate injury or disease

85B Treatment under section 279 or 280 of the MRCA if a person is entitled to treatment under the VEA for a separate injury or disease

(1) This section applies if: (a) a person is entitled to treatment for a service injury or disease (within the meaning of the MRCA) under section 279 or 280 of the MRCA; and (b) apart from this section, the person would also be eligible to be provided with treatment for a separate war‑caused or defence‑caused injury or disease under subsection 85(1) or (2) of this Act.

Note: A person who is eligible to be provided with treatment under this Act for any injury or disease would continue to be provided with that treatment.

(2) The person is entitled to treatment only under section 279 or 280 of the MRCA, and not under subsection 85(1) or (2) of this Act, for the war‑caused or defence‑caused injury or disease during the period in which the person is provided with treatment for the service injury or disease. (3) During this period, the treatment for the war‑caused or defence‑caused injury or disease is taken to be treatment to which a person is entitled under Part 3 of Chapter 6 of the MRCA for the purposes of section 289 of that Act (compensable treatment) but not for the purposes of section 273 of that Act (compensation for those entitled to treatment).

27 Paragraph 86(2)(c)

Repeal the paragraph, substitute:

(c) a deceased veteran was, before the MRCA commencement date, a prisoner of war at a time when the veteran was on operational service;

29 Subsection 91(6)

Omit “approved scheme,”, substitute “approved scheme or a determination under paragraph 286(1)(c) of the MRCA,”.

30 Subsection 91(8)

Repeal the subsection, substitute:

(8) If the Pharmaceutical Benefits Remuneration Tribunal submits the recommendations and a copy of the report to the Minister: (a) the Commission may prepare an instrument under subsection (2) varying the approved scheme; or (b) the Military Rehabilitation and Compensation Commission may vary the determination under paragraph 286(1)(c) of the MRCA; in any manner the relevant Commission considers desirable as a result of its consideration of the recommendations and the report.

31 Paragraph 98B(1)(d)

After “veteran had”, insert “, before the MRCA commencement date,”.

32 Paragraph 99(2)(c)

After “veteran was”, insert “, before the MRCA commencement date,”.

33 Subsection 99(3)

Repeal the subsection, substitute:

(3) A funeral benefit must not to be granted under paragraph (1)(e) unless: (a) if subparagraph (1)(e)(i) or (ii) applies—treatment is or was provided in the institution; and (b) in any case—the treatment is or was arranged: (i) by the Commission under Part V of this Act; or (ii) by the Military Rehabilitation and Compensation Commission under Chapter 6 of the MRCA.