36HClaimant must be Australian resident and in Australia

36H Claimant must be Australian resident and in Australia

(1) Subject to subsection (2), a claim is not a proper claim unless the veteran making the claim, or on whose behalf the claim is being made, is: (a) an Australian resident; and (b) in Australia; on the day on which the claim is lodged.

Note: For Australian resident see section 5G.

(2) Subsection (1) does not apply to a veteran’s claim if: (a) the veteran is outside Australia and is receiving: (i) invalidity service pension; or (ii) partner service pension; or (iii) income support supplement; or (iiia) veteran payment; or (iv) a social security pension; and (b) the veteran would, if that pension, supplement or payment were cancelled, be eligible for age service pension.

Note 1: If the veteran ceases to be an Australian resident after having made a proper claim and after having met all the eligibility requirements (section 36), the veteran’s eligibility is not affected.

Note 2: For social security pension see subsection 5Q(1).