37BInvalidity service pension generally not payable before claim

37B Invalidity service pension generally not payable before claim

Provisional commencement day (1) An invalidity service pension is not payable to a veteran before the veteran’s provisional commencement day. (1A) Subject to subsection (2), a veteran’s provisional commencement day is the day on which the veteran claims the invalidity service pension. Initial incorrect claim followed by proper claim (2) If: (a) a veteran makes a claim (in this subsection called the initial claim) for invalidity service pension; and (b) the claim is not a proper claim; and (c) on the day on which the veteran makes the initial claim, the veteran is eligible for invalidity service pension; and (d) the veteran subsequently makes a proper claim: (i) within 3 months after being notified that the initial claim was not a proper claim; or (ii) if the veteran was not so notified—at any time; then the veteran’s provisional commencement day is the day on which the initial claim was lodged.