Core concepts include veteran, operational service, eligible war service and qualifying service under sections 5C, 6B to 6F, 7 and 7A. Operational service covers Australian mariners outside Australia or immediately before or after such periods under section 6B, post-WW2 allotted service in Schedule 2 areas under section 6C, specific assignments under section 6D, minesweeping, submarine operations under sections 6DA and 6DB, Korean DMZ and Vietnam service under section 6E and warlike or non-warlike service under section 6F. War-caused death or injury or disease arises from operational service occurrences, attribution to eligible war service, travel accidents, aggravation or contribution under sections 8(1) and 9(1), with exclusions for serious default or wilful acts under sections 8(2) to (3) and 9(3) to (4). Principal home includes dwelling-house and adjacent land meeting private use test of 2 hectares or less or extended test for qualifying age and 20 or more years effective use under section 5LA(1) to (7), with temporary absences up to 12 months extendable and care or aged care periods treated as principal home under section 5LA(8) to (9). Financial assets comprise financial investments including managed investments and income streams and deprived assets under section 5J(1). Income streams are classified as asset-test exempt lifetime, life expectancy, market-linked or military invalidity pension under sections 5JA to 5JBB or asset-tested short-term, long-term or lifetime under section 5JE. Pension ages are set by tables for veterans under section 5QA and others under section 5QB. Pension bonus scheme concepts include accruing or non-accruing membership, bonus period accrual on work test passage under sections 45TR to 45TT, gainful work of 960 hours full-year or pro-rated with Australian hours requirements and pension multiple of 0.094 times years. Compensation recovery treats lump sums as periodic payments at Actuary rates under sections 30C and 30D. Special residences cover retirement villages, granny flats and sale leasebacks under sections 5M to 5MC. In-care situations include mental disability premises, nursing-home type hospitals, respite and community-based care under section 5NC.
Compensation is defined in section 5NB(2) as damages insurance scheme payments or settlements made wholly or partly for lost earnings or lost capacity to earn, lump sum or periodic inside or outside Australia, with exclusions in sections 5NB(3) to (6A) for certain periodic or lump sum payments under sections 26(1)(b) or (2)(b) or section 30(3) payments where the recipient contributed without reduction provisions payments already taken into account under Division 5A of Part II or Division 4 of Part IV and criminal injury compensation under section 5NB(6A) with criminal injury defined in section 5NB(6B). The compensation part of a lump sum is 50 per cent of a settlement related to disease injury or condition under section 5NB(7)(a) or of a commuted periodic entitlement under section 5NB(7)(b) or otherwise the amount the Commission opines relates to lost earnings or capacity under section 5NB(7)(c) with adjustment under section 5NB(8) for prior periodic payments. Compensation affected pension covers invalidity service pension partner service pension under pension age income support supplement under qualifying age veteran payment under pension age and certain education entry payments under section 5NB(1) with pension age per sections 5QA to 5QB and qualifying age per section 5Q.
Operational service is taken to have been rendered under section 6A(1) for Defence Force members during continuous full-time service outside Australia during a war to which the Act applies at least 3 months in northern Northern Territory between 19 February 1942 and 12 November 1943 immediately before or after such periods or in actual combat circumstances within Australia during World War 2 with parallel rules for Torres Strait Islanders under section 6A(1) item 2 and Commonwealth or allied country forces domiciled in Australia under section 6A(1) item 3. Additional categories under section 6A(2) cover special missions eligible civilians killed or detained during World War 2 and enemy action injury or disease within Australia. Cut-off dates apply under section 6A(3) to (4) with 1 July 1951 for most World War 2 enlistments or call-ups and 3 January 1949 for other members. Australian mariners have operational service for employment outside Australia or immediately before or after within Australia enemy action injury or disease and actual combat circumstances under section 6B. Post-World War 2 operational area service requires allotment for duty in an operational area under section 6C(1) to (2) with commencement and cessation rules in section 6C(3) to (4) limited to 14 days on return to Australia under Rest and Recuperation or other specified leave. Other post-World War 2 service in Singapore Japan North East Thailand and Malaya requires a written Defence Force instrument under section 6D. Minesweeping bomb or mine clearance and submarine special operations qualify on medal eligibility under sections 6DA to 6DB. Korean demilitarised zone and specific Vietnam service qualify under section 6E. Warlike and non-warlike service is operational under section 6F.
Eligible war service covers operational service plus continuous full-time service in World Wars 1 and 2 with cut-offs and Australian mariner employment under section 7(1) to (2). Qualifying service under section 7A requires service during periods of hostilities at sea in the field or in the air incurring danger from hostile forces medal eligibility for minesweeping or bomb clearance allotted duty in Schedule 2 areas warlike service or submarine special operations with medal eligibility parallel rules for allied and Commonwealth forces and Australian or allied mariners on danger or detention.
War-caused death injury or disease arises from occurrence during operational service attribution to eligible war service non-duty journey accident but-for service causation or contribution or aggravation after the condition under sections 8(1) and 9(1) with exclusions for serious default wilful act or breach of discipline under sections 8(2) to (3) and 9(3) to (5) and tobacco use increases after 31 December 1997 disregarded under sections 8(6) and 9(7). Most post-MRCA commencement conditions relating to service on or after that date are excluded under section 9A.
Pension rates under Part II include general rate as the percentage of the maximum general rate corresponding to the degree of incapacity determined under the Approved Guide under section 22(2) to (3) with extreme disablement adjustment at 100 per cent or pulmonary tuberculosis maximum rate for veterans 65 or over with impairment rating at least 70 points and lifestyle rating at least 6 points under section 22(4). Intermediate rate applies where degree of incapacity is at least 70 per cent or pulmonary tuberculosis at general rate war-caused incapacity alone renders the veteran incapable of remunerative work other than part-time or intermittent prevented from continuing previous remunerative work with loss of earnings and sections 24 and 25 do not apply under section 23(1) with 50 per cent or 20 hours per week threshold in section 23(2) and loss of earnings exclusions in section 23(3) plus alternative pathway for veterans who turned 65 before claim requiring last paid work after 65 and 10 years continuous remunerative work before 65 under sections 23(3A) to (3B). Special rate applies on similar thresholds with total and permanent incapacity for more than 8 hours per week under section 24(1) with parallel loss of earnings rules under section 24(2) alternative pathway under sections 24(2A) to (2B) and automatic qualification for blinded in both eyes under section 24(3). Temporary special rate applies where temporary incapacity would qualify under section 24 under section 25. Increased rates for specific incapacities amputations blindness are added under section 27(1) to (2) with reduction if exceeding special rate under section 27(3) and amputation rules in section 27(4). Rates for dependants of deceased veterans are set in section 30 including widow or widower rate as one twenty-sixth of the amount in column 3 of item 1 of the table in point SCH6-B1 of Schedule 6 plus $35 plus $25.60 per fortnight and child rates of $88.80 or $44.40 per fortnight.
Income test definitions in section 5H cover income as income amount earned derived or received for own use or benefit or periodical gift or allowance with extensive exclusions in section 5H(8) including Parts III IIIA VIIA VIIAD veteran payments home equity access scheme advances Part II or IV pension instalments supplements under Part VIIA certain transitional pensions war-related payments compensation reducing pensions Part VI allowances except loss of earnings foreign decoration or Victoria Cross allowances prisoner of war recognition supplement student scholarships energy supplements Social Security Act and ABSTUDY payments certain scholarships reductions for enrolment or tuition payments to educational institutions returns on superannuation until pension age or receipt emergency relief rehabilitation supports under the Disability Services and Inclusion Act 2023 Business Services Wage Assessment Tool payments National Redress Scheme payments Territories Stolen Generations Redress Scheme payments domiciliary nursing care benefit aged care subsidies bonds and refunds rent from principal home while liable for accommodation charges bonds or daily payments limited by section 5H(11A home purchase assistance child-related payments family assistance NDIS amounts disability expenses maintenance insurance for unemployment or illness insurance or compensation for loss or damage to buildings plant or personal effects returns on such investments for up to 12 months or longer if Commission approves National Socialist persecution compensation rent subsidies Labour Market Programs payments self-employment program payments apprenticeship and skills payments specific trust and program payments pharmaceutical sickness hospital medical or dental benefits personal care support payments registered organisation payments for treatment reserve forces pay and allowances except continuous full-time service bereavement payments under section 98A gifts or allowances from parents children brothers or sisters board or lodging value Western Australian and South Australian cost of living concessions domestic payments jury and witness payments exempt funeral investment returns sale leaseback payments approved exchange trading system credits Part IVA advance payments section 115G amounts MRCA reimbursements permanent impairment payments Special Rate Disability Pension continuing payments eligible young person payments education scheme payments other dependants compensation treatment compensation special assistance clean energy payments economic support payments cost of living payments Tools for Your Trade benefits cash flow boosts Coronavirus Economic Response Package payments employment program payments. Ordinary income excludes maintenance income and exempt lump sums under section 5H(1). Adjusted income for income support supplement includes ordinary income certain war-related payments instalments under section 30(1) MRCA compensation under sections 233 to 236 and similar foreign pensions under section 5H(1).
Assets test definitions in section 5L cover asset as property or money including outside Australia with disregards under section 52(1) value of particular asset as person's interest if jointly owned under section 5L(2) value of charge encumbrance or liability as person's share under sections 5L(3) to (3A) accommodation bond balances and refundable deposit balances as assets under sections 5L(3B) to (3BA) pension bonus entitlements not assets under sections 5L(3C) to (3D) property owner requiring reasonable security of tenure in principal home or disregarded sale proceeds under section 5L(4) pension year and pre-pension year as 12-month periods linked to first pension payment or couple formation or provisional commencement day under sections 5L(9) to (9A) and (10A) to (10B) unrealisable asset as one that cannot be sold realised or used as security or where not reasonable to expect this under sections 5L(11) to (12) primary producer and primary production covering cultivation animal maintenance fishing and forest operations under section 5L(1) with fishing and forest operations excluding whaling and non-business activities foreign superannuation fund and pension per Income Tax Assessment Act 1997 meanings under section 5L(1) and reasonable security of tenure presumed unless Commission satisfied otherwise under section 5LA(10). Principal home includes adjacent land meeting private or extended land use tests up to 2 hectares or more with effective use determination and associated garages or storerooms under sections 5LA(1) to (7) with extended land use test for those over qualifying age receiving service pension income support supplement or veteran payment with 20 or more years continuous principal home use under sections 5LA(4) to (5) and absences for care situations aged care temporary periods up to 12 months or longer for disasters or overseas delays partner care and community-based care preserving status under sections 5LA(8) to (9) with Aged Care Act 2024 transitions limiting certain rent inclusions under sections 5LA(8A) to (8C).
Rent under section 5N(1) covers amounts payable as condition of occupancy of premises in Australia as principal home for services in retirement village as principal home for accommodation in care situation as or that would be principal home for lodging for caravan or site for mooring a vessel payable every three months or more frequently or at regular longer intervals where Commission satisfied they should be treated as rent under section 5N(2) with special resident's entry contributions under section 52M excluded under section 5N(3AA) reductions in repayable amounts excluded under section 5N(3AB) restrictions on combining categories where principal home elsewhere or community-based care under sections 5N(3A) to (3B) government rent to specified State or Territory housing authorities under section 5N(1) with transitional and deeming rules under sections 5N(4) to (5) board and lodging and care-situation accommodation charges apportioned two-thirds to rent where split cannot be determined under sections 5N(6) to (7) and residential care charges excluding accommodation bonds under section 5N(1).
Financial assets and income streams under section 5J cover financial asset as financial investment or deprived asset under section 5J(1) financial investment including available money deposit money managed investments listed securities unrepaid loans unlisted public securities bullion and certain asset-tested income streams short term or long term account-based pensions or annuities excluding designated NDIS amounts under section 5J(1) income stream covering regulated superannuation public sector schemes retirement savings accounts life insurance business Commission-designated streams and family law affected streams excluding available or deposit money managed investments listed securities unrepaid loans unlisted public securities bullion and compensation or insurance payments for inability to earn income or total permanent disability under section 5J(1) managed investment covering direct or indirect payments to bodies corporate or trusts where assets not held in investors' names investors lack effective control and right to share in distributions including public unit trusts insurance bonds friendly societies superannuation funds approved deposit funds and certain ATO small superannuation accounts or lifetime income streams with exceptions for pre-pension age holdings and certain asset-test exempt or tested streams under sections 5J(1A) to (1C) defined benefit income stream requiring Superannuation Industry (Supervision) Regulations pension treatment standards compliance and attribution to defined benefit interest under section 5J(1E) military invalidity pension income stream covering invalidity pay under Defence Force Retirement and Death Benefits Act 1973 invalidity pensions under Military Superannuation and Benefits Act 1991 or Commission-specified streams that are not defined benefit streams under section 5J(1EA) asset-tested income stream short term long term and lifetime defined by exclusion from asset-test exempt status and term or mortality-linked features under section 5J(1) asset-test exempt income stream per sections 5JA to 5JBB under section 5J(1) deprived asset as asset disposed of whose value is included under Subdivisions BA or BB of Division 11 of Part IIIB under section 5J(2B) loan treating debenture bond or security acquisition as loan but excluding financial institution accounts and entry contributions under sections 5J(2) to (2A) investment in superannuation or approved deposit funds as benefits in the fund in ATO small superannuation accounts as positive balance under sections 5J(6) to (6A) relevant number for income streams as fixed term life expectancy longer of joint or reversionary expectancies or Commission-determined period under section 5J(1) residual capital value as capital payable on termination excluding account-based streams under section 5J(1) and (9) return on investments including increases in value or amount under section 5J(1) superannuation fund covering complying funds Australian funds public sector schemes RSAs and certain former tax-advantaged funds under section 5J(1) purchase price as payments made less commuted amounts under section 5J(1) governing rules covering trust instruments documents or legislation governing establishment and operation under section 5J(1) commencement day as first day of first payment period under section 5J(1) deductible amount for defined benefit streams as sum of tax-free components of payments under section 5J(1) family law affected income stream arising from payment splits or Part VIIIAA orders under Family Law Act 1975 under section 5J(1) and section 5JC original primary and secondary FLA income streams defined by reference to member and non-member entitlements under section 5JC secondary FLA streams taking asset-tested status of related primary stream or if none the status it would have had under section 5JD asset-tested income stream lifetime covering mortality-linked streams that are not asset-test exempt or defined benefit or those meeting Commission-determined conditions under section 5JE. Asset-test exempt income streams include lifetime streams pre-20 September 2007 commencement contract or rules compliance actuarial certification where required no residual capital value limited commutation and transfer rules reversionary limits if Commission satisfied of ongoing compliance under section 5JA(1) to (2) life expectancy streams pre-20 September 2007 term meeting life expectancy or age 100 limits similar payment and commutation rules under section 5JB(1) to (2) market-linked streams 20 September 2004 to 19 September 2007 commencement term and payment factor rules account balance limits no residual capital value under section 5JBA(1) to (2) and military invalidity pension income streams under section 5JBB with Commission power to determine exempt or not exempt subject to guidelines under sections 5JA(4) to (6) 5JB(3) to (5) 5JBA(10) to (12) and definitions of hardship amount life expectancy period non-commutation funded unavoidable expenditure and reversionary partner under sections 5JA(7) 5JB(7) 5JBA(14).
In care definitions under section 5NC cover person in care situation if residing in premises providing accommodation principally for people with mental disability nursing-home type patient of hospital in respite care or receiving community-based care under section 5NC(2) receiving community-based care if Commission opinion of needs and receipt or likely receipt of substantial care in private residence for at least 14 consecutive days under section 5NC(3) personally providing community-based care if Commission opinion of personally providing substantial care needed by another in private residence for at least 14 consecutive days under section 5NC(4) aged care resident as accessing ongoing funded aged care services other than specialist aged care program in approved residential care home operated by registered provider under section 5NC(5) not taken to be if in respite care under section 5NC(6) Commission may determine not to be for day after becoming resident but before 15 days after if satisfied liable to pay rent immediately before under section 5NC(7) in respite care as accessing short-term funded aged care services through service group residential care under section 5NC(8) with expressions in sections 5NC(5) or (8) having same meaning as in Aged Care Act 2024 under section 5NC(9).
Seniors health card holder is person while determination under section 118ZG or 118ZP is in force under section 5PB(2). Exempt funeral investment requires expenses not prepaid only one investment of not more than $10,000 or two combined not more than $10,000 indexed per Division 18 of Part IIIB for that funeral under section 5PC(1) with returns disregarded under section 5PC(2) and definition as investment that cannot be realised before maturity return not payable before maturity maturing on death of first or last member of couple or investor or partner at time of investment and applied to funeral expenses under section 5PC(3).
Equal amounts rule in section 5QAA provides that where provision refers to greater greatest higher highest or lesser least lower lowest of two or more amounts and they are equal the provision refers to one only under section 5QAA(1) and for three or more where two or more but not all are equal and exceed or are less than the others the provision refers to one only of those equal amounts under sections 5QAA(2) to (3).
Pension age for veterans is 60 for men under section 5QA(2) 55 for women born before 1 July 1940 under section 5QA(3) phased table for women born 1 July 1940 to 31 December 1953 under section 5QA(4) and 60 for women born on or after 1 January 1954 under section 5QA(5). For persons other than veterans men born on or before 30 June 1952 reach 65 with phased increases to 67 for on or after 1 January 1957 under section 5QB(2) women born before 1 July 1935 reach 60 under section 5QB(3) phased table for women born 1 July 1935 to 31 December 1948 under section 5QB(4) and 65 with phased increases to 67 for women born 1 January 1949 to 30 June 1952 and on or after 1 January 1957 under section 5QB(5).
Determinations having interpretative effect under section 5R allow Minister to determine by Gazette notice that Act or specified provisions apply to person or class as if rendering continuous full-time service or as member of specified unit under section 5R(1) Commission to determine allied veteran status if satisfied of appointment or enlistment in allied or government-in-exile forces formal appointment or subjection to warfare rules no uniform insignia or arms requirement and unreasonableness given conditions under section 5R(2) Commission to determine member of couple not to be treated as such for special reason under sections 5R(3) to (4) illness separated couple if unable to live together due to illness or infirmity living expenses greater or likely greater and inability likely to continue indefinitely under section 5R(5) respite care couple if one member in respite care for at least 14 consecutive days under section 5R(6) and section 5NC(8) remote area allowance continuation during absences in special circumstances under sections 5R(11) to (13) and sale leaseback agreements under sections 5R(14) to (15).
Lodgment under section 5T requires claims applications and documents at approved places or with approved persons or electronically at approved addresses under section 5T(2) to (3) invalid electronic lodgment disregarded under section 5T(4) supporting material lodged similarly under section 5T(8) lodgment day determined under section 5T(6) to (7).
All service pensions, supplements and veteran payments require eligibility plus payability no disqualifying provisions such as dual receipt gaol or nil rates after hardship provisions. Rate Calculator Schedule 6 Module A and others applies across age invalidity partner service pensions income support supplement and veteran payments reductions possible for self-employment programs. Claims generally require writing approved forms evidence and section 5T lodgment Secretary investigates Commission determines with records reasons and review rights confidentiality or health exceptions. Australian residency and presence required for most claims exceptions for those on other pensions who would qualify if cancelled. Qualifying service determinations claim or section 35BA are conclusive proof. ABSTUDY living allowance payments preclude payability during relevant period across service pensions and supplements. Hardship provisions sections 52Y to 52Z may prevent nil rates under Rate Calculator. Pension age for non-veterans is determined by section 5QB tables phasing from 65 to 67 for men and from 60 to 67 for women depending on birth date. Combined couple rate of pension supplement is $2,199.60 annual indexed 6-monthly per sections 59B to 59E.
War-caused death under section 8(1) arises from an occurrence during operational service attribution to eligible war service duty-journey accidents Commission opinion on but-for service or environmental changes material contribution or aggravation of pre-existing injury or disease or prior determination under section 9. Exclusions apply for serious default or wilful act under section 8(2) and (3) tobacco product use or increased use after 31 December 1997 under section 8(6) and non-operational service delays or interruptions under section 8(4). Parallel rules govern war-caused injury or disease under section 9(1) to (7) with section 9(2) deeming incapacity from service-related accidents or diseases. Operational service covers continuous full-time Defence Force service in operational areas under sections 6A to 6F Australian mariners under section 6B minesweeping and submarine special operations under sections 6DA and 6DB and warlike or non-warlike service under section 6F. Qualifying service under section 7A requires enemy danger in hostilities areas or specific medal eligibility. Pension bonus qualification under section 45TC requires registration before 1 July 2014 at least one full-year bonus period work test compliance of 960 hours gainful work with 640 hours in Australia under section 45TS and no other pensions or benefits after the special eligibility date under section 45TB. Bonus periods under section 45TR include full years and final part-years where the work test is passed. Rates use annual notional single pension rates under section 45UH and partnered rates under section 45UI with apportionment for war widow or war widower-pensioner status changes under sections 45UH(2) and 45UI(2) and top-ups under sections 45UIB and 45UIC for rate increases within 13 weeks due to assets or income reductions. Asset-test exempt income streams under section 5JB require commencement before 20 September 2007 actuarial certificates term compliance with life expectancy rounded up and maximum to age 100 or five years younger annual payments within 5 per cent or indexation no residual capital value and commutation restrictions including six-month limits and family law splits. Market-linked streams under section 5JBA apply 90 to 110 per cent payment factors for 20 September 2004 to 19 September 2007 commencements. Family law affected streams under section 5JC split into primary and secondary portions with asset-tested status preserved under section 5JD. Lump sum compensation under section 30C deems fortnightly rates and life periods per Commonwealth Actuary instructions reducing Part II pension rates with preferred pension hierarchy under section 30C(12) where multiple recipients exist.
Qualifying service under section 7A(1) covers Defence Force members rendering operational service at sea field or air incurring danger from hostile forces under section 7A(1)(a)(i) post-29 October 1945 service qualifying for specified Naval General Service or General Service Medals with Minesweeping 1945-51 Bomb-Mine Clearance 1945-53 Bomb and Mine Clearance 1945-49 or 1945-56 Clasps under section 7A(1)(a)(ii) service outside Australia in a Sch 2 area during the specified period as a member of an allotted unit or allotted person under section 7A(1)(a)(iii) warlike service under section 7A(1)(a)(iv) or continuous full-time submarine special operations service between 1 January 1978 and 12 May 1997 qualifying for the Australian Service Medal with Clasp SPECIAL OPS under section 7A(1)(a)(v) to (vi). It also covers Commonwealth country defence force members rendering service outside that country incurring danger from enemy forces under section 7A(1)(b)(i) or service within that country qualifying for a campaign medal under section 7A(1)(b)(ii) allied veterans incurring danger from enemy forces under section 7A(1)(c) persons employed by the Commonwealth on a special mission outside Australia incurring danger under section 7A(1)(d) eligible civilians detained by the enemy during a period of hostilities specified in section 5B(1)(b) under section 7A(1)(e) persons with a pension payable under section 13(6) under section 7A(1)(f) Australian mariners incurring danger from enemy forces under section 7A(1)(g) and allied mariners detained by the enemy or in an area qualifying for a campaign medal and incurring danger under section 7A(1)(h). Campaign medal for World War 2 to 29 October 1945 means the 1939-45 Star Atlantic Star Air Crew Europe Star Africa Star Pacific Star Burma Star Italy Star or France and Germany Star or any other medal declared by regulations under section 7A(2). Notes to section 7A cross-refer to period of hostilities under section 5B(1) and allotted for duty under section 5B(2) and to defined terms in section 5C(1).
War-caused death under section 8(1) subject to section 9A arises if it resulted from an occurrence during operational service under section 8(1)(a) arose out of or was attributable to eligible war service under section 8(1)(b) resulted from an accident while travelling to or from duty while rendering eligible war service under section 8(1)(c) in the Commission's opinion was due to an accident or disease that would not have occurred or been contracted but for eligible war service or consequent environmental changes under section 8(1)(d) the injury or disease from which death resulted was suffered or contracted while rendering eligible war service but did not arise out of it or before the period of eligible war service and was contributed to in a material degree or aggravated by eligible war service rendered after the injury or disease under section 8(1)(e) or the injury or disease has been determined under section 9 to be war-caused under section 8(1)(f). Paragraph (f) has the effect that if death results from a previously determined war-caused injury or disease the death is taken to be war-caused and sections 120A and 120B do not apply. Exclusions apply for serious default or wilful act under sections 8(2) to (3) accidents on journeys after substantial delay non-direct routes or substantial interruption unconnected with duty unless the risk was not substantially changed or increased under section 8(4) and unless operational service or 6 months or longer eligible war service for paragraph (1)(e) under section 8(5). Death is not war-caused if related to eligible war service only because of tobacco product use or increased use after 31 December 1997 under section 8(6).
War-caused injury or disease under section 9(1) subject to section 9A arises if it resulted from an occurrence during operational service under section 9(1)(a) arose out of or was attributable to eligible war service under section 9(1)(b) resulted from an accident while travelling to or from duty while rendering eligible war service under section 9(1)(c) is deemed under section 9(2) under section 9(1)(d) or was suffered or contracted while rendering eligible war service but did not arise out of it or before the period of eligible war service and was contributed to in a material degree or aggravated by eligible war service rendered after the injury or disease under section 9(1)(e). Under section 9(2) if incapacity was due to an accident or disease that would not have occurred or been contracted but for eligible war service or consequent environmental changes the incapacity is deemed to have arisen out of the injury or disease and the injury or disease is deemed war-caused. Parallel exclusions apply under sections 9(3) to (7) including for tobacco use after 31 December 1997 under section 9(7).
Under section 9A(1) a veteran's injury disease or death is not war-caused if sustained contracted or occurring on or after the MRCA commencement date and relates to service rendered on or after that date or to service rendered before and on or after that date. Service is rendered before and on or after the MRCA commencement date whether it spans the date or occurs in separate periods under section 9A(3). Note compensation is provided under the MRCA instead.
Operational service is defined in sections 6 to 6F covering world wars under section 6A Australian mariners under section 6B post-World War 2 allotted duty in operational areas under section 6C other post-World War 2 service under section 6D minesweeping and bomb or mine clearance under section 6DA submarine special operations under section 6DB Korean demilitarised zone and Vietnam under section 6E and warlike or non-warlike service under section 6F. Eligible war service under section 7 encompasses operational service and certain continuous full-time service during World Wars 1 and 2. Veteran under section 5C(1) means a person who has rendered eligible war service because of section 7 or in respect of whom pension is payable under section 13(6) in Parts III and VIIC it also includes Commonwealth veteran allied veteran or allied mariner. Allied country allied mariner allied veteran Australian mariner Commonwealth country Commonwealth veteran continuous full-time service Defence Force eligible civilian enemy non-warlike service warlike service and related terms are defined in section 5C(1). Injury and disease are defined in section 5D(1) with incapacity from a war-caused injury or disease referring to effects of the injury or disease under section 5D(2). Blinded in an eye is defined in section 5D(3).
Member of a couple under section 5E(2) means a person legally married and not living separately and apart on a permanent basis or in a relationship registered under prescribed State or Territory law and not living separately and apart on a permanent basis or living with another person not legally married not prohibited relationship and in the Commission's opinion formed under section 11A in a de facto relationship. Living with includes temporary absence or absence resulting from illness or infirmity if the Commission is of opinion they would otherwise have been living together under section 5E(3). A person is not a member of a couple if a determination under section 5R(3) is in force under section 5E(4). Partnered partnered partner getting neither pension nor benefit partnered partner getting pension or benefit partnered partner getting pension and partnered partner getting benefit are defined in section 5E(5). Non-illness separated spouse war widow war widower widow and widower are defined in section 5E(1). Prohibited relationship is defined in section 5E(6) to (7). Child under section 10(1) includes a natural or adopted child a child within the meaning of the Family Law Act 1975 or any other child wholly or substantially dependent on the veteran. A child is deemed wholly or substantially dependent if the veteran is liable to maintain the child under Commonwealth State or Territory law under section 10(3). Parent under section 10A includes a Family Law Act 1975 parent other than an adopted child or adoptive parent. Dependant under section 11(1) includes partner non-illness separated spouse widow or widower other than one who marries remarries or enters a de facto relationship reinstated pensioner or child of the veteran. A veteran may have more than one dependant at the same time. Widow does not include a reinstated pensioner under section 11(4). Reinstated pensioner is defined in section 11AA as a person determined under section 13AG. In forming an opinion whether two people are living together in a de facto relationship regard is had to all circumstances including financial aspects joint ownership pooling of resources legal obligations sharing of expenses nature of the household joint care of children living arrangements housework distribution social aspects holding out friends' assessment joint activities any sexual relationship and nature of commitment length companionship and support likelihood of continuation perception as de facto under section 11A. A person is taken to have been capable of having an independent domicile before 1 July 1982 if the person had turned 18 at or before that time under section 11B.
Asset means property or money including outside Australia certain items are disregarded under section 52(1) under section 5L(1). Value of a particular asset is the person's interest if jointly owned under section 5L(2). Value of a charge encumbrance or liability is the person's share if jointly held under sections 5L(3) to (3A). Accommodation bond or refundable deposit balances are assets under sections 5L(3B) to (3BA). Pension bonus or bonus bereavement payments are not assets under section 5L(3C). Property owner is defined in section 5L(4). Pension year for disposal of assets sections 52E to 52J is defined in section 5L(9). Pre-pension year ends on the provisional commencement day under section 5L(10A). Unrealisable asset is defined in sections 5L(11) to (12). Principal home under section 5LA(1) includes for a dwelling-house adjacent land on the same title satisfying the private land use test area 2 hectares or less with dwelling-house ground floor used primarily for private or domestic purposes or extended land use test if applicable and for a flat or home unit associated garage or storeroom used primarily for private or domestic purposes. The Commission may determine land is treated as on the same title if the dwelling-house is on both blocks the blocks together are heritage-protected or alienation of one would seriously undermine the dwelling function under section 5LA(2). Private land use test and extended land use test are set out in sections 5LA(3) to (7). Absences rules allow a residence to remain the principal home during temporary absence 12 months or less or longer if determined under section 5LA(9A) or (9B) up to 2 years in care or aged care with extensions for partner or non-illness separated spouse and up to 2 years for community-based care of another under section 5LA(9). Rent under section 5N(2) includes amounts payable as a condition of occupancy of premises or part in Australia as principal home for retirement village services accommodation in care situations principal home or deemed under section 5LA(8) or (9 lodging caravan or structure site or vessel mooring payable at least every 3 months. Government rent is rent to specified State or Territory authorities under section 5N(1). Ineligible property owner is defined in section 5N(1). Compensation under section 5NB(2) to (6A) includes damages or compensation payments scheme payments law or contract or settlements with or without liability for lost earnings or capacity lump sum or periodic inside or outside Australia excluding specified periodic or lump sums contribution-based payments prior reductions and criminal injury payments. Compensation part of lump sum is 50 per cent for settlements or consent judgments or chosen lump sums from periodic entitlements or Commission opinion on lost earnings or capacity under section 5NB(7). A person receives compensation if received directly or