14Eligibility for treatment under repealed Acts may continue

14 Eligibility for treatment under [Repealed] Acts may continue

(1) An approval given by the Commission before the commencing date under a repealed Act for the provision of any treatment for a person, being an approval that had not been revoked before that date, continues in force on and after that date as if it were an approval given under Part V of the Veterans’ Entitlements Act. (2) The date from which a person is eligible to be provided with treatment under Part V of the Veterans’ Entitlements Act may be a date before the commencing date, but a person shall not be provided with any treatment both under that Act and under a repealed Act. (3) The power of the Commission under Part V of the Veterans’ Entitlements Act to approve treatment after the treatment has been provided extends to approving treatment that was provided before the commencing date, being treatment that had not been duly provided under a repealed Act. (4) For the purpose of the application of the Veterans’ Entitlements Act in accordance with subsections (1), (2) and (3) of this section: (a) an application to be provided with treatment made under a repealed Act and not determined before the commencing date shall be determined on or after that date as if it had been made under the Veterans’ Entitlements Act; and (b) any determination made, or other act or thing done, by the Commission before the commencing date that affected, or was capable of affecting, the eligibility or right of a person to be provided with treatment under a repealed Act has effect, on and after that date, as if made or done under the Veterans’ Entitlements Act for the purpose of determining the eligibility or right of that person to be provided with treatment under Part V of the Veterans’ Entitlements Act. (5) Subject to subsection (6), where a person, being: (a) the widowed mother or the widowed step‑mother of an member of the Forces who died before the commencing date and was neither legally married nor a member of a couple immediately before death; or (b) a person who is in receipt of a pension that continues to be payable by virtue of subsection 4(6), being a pension that became payable to the person by reason that the person was a child of a deceased member of the Forces; was, by virtue of a determination or decision in force under a prescribed regulation immediately before that date, eligible to be provided with medical treatment under the Repatriation Regulations, the person is eligible to be provided with treatment under Part V of the Veterans’ Entitlements Act, on and after the commencing date, for any injury suffered, or disease contracted, by the person as if: (a) the member of the Forces had been determined, under the Veterans’ Entitlements Act, to be a veteran as defined by paragraph (a) of the definition of veteran in subsection 5C(1) of that Act; (b) the person was a dependant of that veteran for the purposes of subsection 86(1) of the Veterans’ Entitlements Act; and (c) a determination under that Act were in force determining that the death of that veteran was war‑caused. (6) A widowed mother, or a widowed step‑mother, of a member of the Forces who has re‑married after the death of the member (whether before, on or after the commencing date), is not eligible to be provided with treatment under Part V of the Veterans’ Entitlements Act by virtue of subsection (5) of this section at any time after her re‑marriage or marriage. (7) For the purpose of subsection (5), each of the following regulations is a prescribed regulation: (a) regulation 73 of the Repatriation Regulations; (b) regulation 38 of the Repatriation (Far East Strategic Reserve) Regulations; and (c) regulation 38 of the Repatriation (Special Overseas Service) Regulations. (8) In subsections (5) and (6):