7Persons unable to meet child definition

7 Persons unable to meet child definition

For the purposes of subsection 424(1) of the Act, the following circumstances are prescribed: (a) a person (the dependant) is or was a dependant of a member, former member or deceased member; and (b) the dependant has been diagnosed by a medical practitioner as suffering from a mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development) or a mental injury; and (c) the dependant meets subparagraph (b)(i) of the definition of child in subsection 5F(1) of the Veterans’ Entitlements Act 1986; and (d) the dependant does not meet subparagraph (b)(ii) of that definition solely because the mental ailment, disorder, defect or morbid condition or mental injury prevents the dependant from receiving full‑time education at a school, college or university; and (e) but for the circumstance mentioned in paragraph (d), the dependant would have been entitled to assistance, an allowance or a benefit under the Veteran’s Entitlements Act 1986, or would be entitled to such assistance, allowance or benefit if a claim was made in respect of the dependant.

Schedule 1—Repeal

Military Rehabilitation and Compensation (Special Assistance) Instrument 2022

1 The whole of the instrument

Repeal the instrument.