5RDeterminations having interpretative effect

#### 5R Determinations having interpretative effect Continuous full‑time service determination; member of unit of Defence Force determination (1) The Minister may, by notice in writing published in the Gazette, make, in respect of a person, or of persons included in a class of persons, specified in the notice, all or any of the following determinations: (a) a determination that this Act, or specified provisions of this Act, are to apply to and in relation to the person, or a person included in that class of persons, as if he or she was, while he or she was rendering service of a kind specified in the notice (in this subsection referred to as relevant service), a member of the Defence Force who was rendering continuous full‑time service; (b) a determination that this Act, or specified provisions of this Act, are to apply to and in relation to the person (being a member of the Defence Force), or a person included in that class of persons (being members of the Defence Force), as if he or she was, while he or she was rendering relevant service, rendering continuous full‑time service; (c) a determination that this Act, or specified provisions of this Act, are to apply to and in relation to the person, or a person included in that class of persons, as if he or she was, while he or she was rendering relevant service, a member of a specified unit of the Defence Force; and, if the Minister does so, this Act applies, or the specified provisions of this Act apply, as the case may be, accordingly. > Note: For continuous full‑time service and member of a unit of the Defence Force see subsection 5C(1). Allied veteran determination (2) If a person who is a claimant for an age service pension or an invalidity service pension satisfies the Commission: (a) that the person had been appointed or enlisted as a member of the forces or services of: (i) an allied country, being forces or services of a kind referred to in the definition of defence force established by an allied country; or (ii) the government‑in‑exile of an allied country, being forces or services of a kind referred to in subsection 5C(3); and (b) that those forces or services were raised and operated in such a manner that the members of those forces and services: (i) were formally appointed to, or enlisted in, those forces or services; and (ii) were subject to the rules and conventions of warfare; and (c) that the person was not required, as such a member, to wear a uniform or insignia distinguishing the person as a member of those forces or services or to carry arms at all or to carry arms openly; and (d) that it would have been unreasonable, having regard to the conditions existing, at the time the person served in those forces or services, in the parts of that country in which the person so could serve, for the person to have been required to wear a uniform or insignia or to carry arms or to carry arms openly; the Commission must determine that the person is, for the purposes of the definition of allied veteran in subsection 5C(1) to be treated as a person who has been appointed or enlisted as a member of the defence force established by that allied country or that government‑in‑exile. Person may be treated as not being a member of a couple (3) The Commission may determine, for any special reason, that a person who is a member of a couple is not to be treated as a member of a couple for the purposes of this Act. > Note: For member of a couple see subsection 5E(2). (4) The determination must be in writing. Illness separated couple determination (5) If the Commission is satisfied that: (a) 2 people are members of a couple; and (b) they are unable to live together in their home as a result of the illness or infirmity of either or both of them; and (c) because of that inability to live together, their living expenses are, or are likely to be greater than they would otherwise be; and (d) that inability is likely to continue indefinitely; the Commission may make a written determination that the 2 people are members of an illness separated couple for the purposes of this Act. Respite care couple determination (6) If the Commission is satisfied that: (a) 2 people are members of a couple; and (b) one of the members of the couple is in respite care; and (c) the member who is in respite care has remained, or is likely to remain, in that care for at least 14 consecutive days; the Commission may make a written determination that the 2 people are members of a respite care couple for the purposes of this Act. > Note: For in respite care, see subsection 5NC(8). (7) A determination under subsection (6) takes effect from the day specified by the Commission in the determination, being a day not earlier than 3 months before the Commission is notified that the person is in respite care. Remote area determination—current or future absence from remote area (11) If the Commission is satisfied that: (a) a person’s age or invalidity service pension, income support supplement or veteran payment includes an amount of remote area allowance; and (b) the person’s remote area allowance includes an amount for an FTB child or a regular care child; and (d) the absence is, or is likely to be, longer than 8 weeks; and (e) the absence is due to special circumstances (for example, the person’s medical treatment or the person’s attendance at a rehabilitation or training course); the Commission may make a written determination that, despite that absence, the person’s rate of pension, income support supplement or veteran payment continues to include remote area allowance for the period specified in the determination while the person has an FTB child, or a regular care child, (as the case requires). > Note 1: For an FTB child and a regular care child see subsection 5F(1). > Note 2: A person whose absence from a remote area is longer than 8 weeks would not normally continue to be entitled to remote area allowance (see subsection 5Q(2)). Remote area determination—past absence from remote area (12) If the Commission is satisfied that, in relation to a period: (a) a person is receiving an age or invalidity service pension, income support supplement or a veteran payment; and (b) the person’s usual place of residence is in a remote area; and (c) because the person is absent from the remote area for longer than 8 weeks, the person’s rate of service pension, income support supplement or veteran payment ceases to include an amount by way of remote area allowance; and (d) immediately before the person’s rate ceases to include remote area allowance, the remote area allowance includes an amount for an FTB child or a regular care child; the Commission may make a written determination that, despite that absence, the person’s rate of pension, income support supplement or veteran payment continues to include remote area allowance for the period specified in the determination while the person has an FTB child, or a regular care child, (as the case requires). > Note 1: For an FTB child and a regular care child see subsection 5F(1). > Note 2: A person whose absence from a remote area is longer than 8 weeks would not normally continue to be entitled to remote area allowance (see subsection 5Q(2)). (13) The period specified by the Commission in a determination under subsection (12) must not commence earlier than 3 months before the Commission is notified that the person is absent from the remote area. Sale leaseback agreement determination (14) The Commission may determine that an agreement is a sale leaseback agreement if the Commission is satisfied that the agreement is substantially similar in its effect to an agreement referred to in subsection 5MB(2). (15) The determination must be in writing.