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Veterans' Entitlements Act 1986
37BInvalidity service pension generally not payable before claim
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#### 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.