37Eligibility for invalidity service pension

#### 37 Eligibility for invalidity service pension (1) Subject to subsection (6), a person is eligible for an invalidity service pension if the person: (a) is a veteran; and (b) has rendered qualifying service; and (c) is permanently incapacitated for work in accordance with a determination under section 37AA. > Note 1: For veteran see subsection 5C(1). > Note 2: For qualifying service see section 7A. Additional eligibility criterion for Commonwealth veterans, allied veterans and allied mariners (3) Subject to subsection (3A), a person who is a veteran by reason only of being a Commonwealth veteran, an allied veteran or an allied mariner must, in addition to meeting the requirements of subsection (1), have been an Australian resident for a continuous period of at least 10 years. (3A) Subsection (3) does not apply to: (a) a refugee; or (b) a former refugee. (4) For the purpose of applying subsection (3), where: (a) a veteran has been an Australian resident during more than one period; and (b) the longer or longest of those periods is less than 10 years but is not less than 5 years; and (c) the aggregate of those periods is more than 10 years; in the application of subsection (3) to the veteran, the period of 10 years specified in that subsection is to be reduced by a period equal to the period by which the aggregate is more than 10 years. (5) Subsection (3) does not apply to a veteran if: (a) the veteran became permanently incapacitated for work while the veteran was an Australian resident; and (b) the veteran’s permanent incapacity for work was not brought about with a view to obtaining a service pension or a social security pension; and (c) the veteran does not have an enforceable claim against any person, under any law or contract, for adequate compensation in respect of the permanent incapacity. (6) If: (a) a veteran lodges a proper claim for an invalidity service pension before meeting the eligibility requirements referred to in subsection (1); and (b) the veteran ceases to be an Australian resident after lodging the claim and before the claim is determined; the veteran is not eligible for invalidity service pension unless: (c) the day on which the veteran met all the eligibility requirements; and (d) the day from which invalidity service pension would, if the claim were granted, be payable; are earlier than the day on which the veteran ceased to be an Australian resident.