Veterans’ Entitlements (Partner Service Pension — Retention of Eligibility) Determination 2019
6Specified circumstances
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6 Specified circumstances
(1) Subsections (2) and (3) specify circumstances for subsection 38(2AD) of the Act.
(2) On the first day on which the former partner of a veteran does not reside in the same residence as the veteran (the first separate residence day), the veteran has a psychological or other mental health incapacity caused by any of the following:
(a) a war‑caused injury or war‑caused disease for which the Commission has determined that the veteran is entitled to be granted a pension;
(b) a defence‑caused injury or defence‑caused disease for which the Commission has determined that the veteran, as a member of the Forces or member of a Peacekeeping Force, is entitled to be granted a pension;
(c) a service injury or service disease, within the meaning given by the Military Rehabilitation and Compensation Act 2004, for which the Military Rehabilitation and Compensation Commission has determined to accept liability;
(d) a disease or disorder, mentioned in subsection 85 (2) of the Act, for which the veteran is eligible for treatment under the Act;
(e) a condition to which a determination under paragraph 88A (1) (a) of the Act applies.
(3) The Commission is satisfied that, before the first separate residence day, the domestic environment shared by the former partner of the veteran with the veteran was, because of the veteran’s behaviour, unsafe or abusive for the former partner or any child of the former partner.
7 Repeal
The Veterans’ Entitlements (Partner Service Pension — Retention of Eligibility for Non-illness Separated Spouse) Determination R25/2009 is repealed.
8 Transitional provision
(1) This section applies to the non-illness separated spouse of a veteran if, immediately before the commencement of this instrument, the Veterans’ Entitlements (Partner Service Pension — Retention of Eligibility for Non-illness Separated Spouse) Determination R25/2009 applied to the spouse.
(2) On and after the commencement of this instrument, the Veterans’ Entitlements (Partner Service Pension — Retention of Eligibility for Non-illness Separated Spouse) Determination R25/2009 continues to apply to the non-illness separated spouse of the veteran as if it had not been repealed.