13Persons deemed to be in receipt of pensions, &c.

13 Persons deemed to be in receipt of pensions, &c.

(1) Where, before the commencing date, a person had been granted: (a) a pension of a kind referred to in subsection 4(2), (3), (4), (5) or (6); or (b) a service pension (including remote area allowance and rent assistance) of a kind referred to in subsection 8(1), (2) or (3); but the person had not been paid any instalments of that pension or service pension before that date or that pension or service pension was suspended immediately before that date, the person shall be deemed to have been in receipt of that pension or service pension immediately before that date for the purpose of the application of that subsection to and in relation to the person. (2) Where the pension or service pension referred to in subsection (1) was suspended immediately before the commencing date, the decision to suspend the pension or service pension has effect on and after that date as if it had been made under subsection 31(6) or section 56E, as the case requires, of the Veterans’ Entitlements Act. (3) Where, before the commencing date, a person had been granted an allowance of a kind described in column 1 of the Table in section 15, but the person had not been paid any instalments of that allowance before that date, or the allowance was not payable immediately before that date by reason of the operation of subregulation 180(4) or (5) or 180AAA(3) of the Repatriation Regulations, subregulation 62(4) or (5) of the Repatriation (Far East Strategic Reserve) Regulations or subregulation 62(4) or (5) of the Repatriation (Special Overseas Service) Regulations, the person shall be deemed to have been in receipt of that allowance immediately before that date for the purpose of the application of that section to and in relation to the person.