16Allowances and other benefits

16 Allowances and other benefits

(1) Subject to this section, the provisions of Part VI of the Veterans’ Entitlements Act extend to the grant of an allowance or other benefit under that Part in respect of a period before the commencing date or of an event that occurred before the commencing date. (2) An allowance or other benefit shall not be granted under Part VI of the Veterans’ Entitlements Act in respect of a period before the commencing date or in respect of an event that occurred before the commencing date if, before the commencing date, a corresponding allowance or benefit had been granted under a repealed Act in respect of that period or event. (3) Subject to subsection (2) of this section, section 100 of the Veterans’ Entitlements Act extends to a person who is the widowed mother or the widowed step-mother of an unmarried member of the Forces, being a member who died before the commencing date, as if she were a dependant of a deceased veteran. (4) Subsection (3) does not apply to a widowed mother, or a widowed step‑mother, of a member of the Forces who has re‑married, whether before, on or after the commencing date, at any time after her re‑marriage. (5) Where, immediately before the commencing date: (a) a person was a pensioner as defined by regulation 179A of the Repatriation Regulations; or (b) a person was a person in receipt of an age or invalid pension or a wife’s pension or a widow’s pension within the meaning of subregulation 179A(5) of the Repatriation Regulations; for the purposes of that regulation by reason only of the operation of subsection 25(2) or (3) of the Repatriation Acts Amendment Act (No. 2) 1985, the person shall be deemed to be a service pensioner or to be in receipt of an age pension, an invalid pension, a wife’s pension or a widow’s pension, as the case may be, for the purposes of section 101 of the Veterans’ Entitlements Act on and after the commencing date until the person ceases to be a prescribed person for the purposes of Part V of the Veterans’ Entitlements Act or the annual rate of the person’s income exceeds the annual rate of the person’s income on 25 November 1976, whichever first occurs. (6) Paragraph 132(11)(c) of the Veterans’ Entitlements Act does not apply to or in relation to travelling expenses in respect of travel that was completed before the commencing date. (7) Section 112 of the Veterans’ Entitlements Act does not apply to or in relation to an application for: (a) temporary incapacity allowance or loss of earnings allowance in respect of a period before the commencing date; or (b) travelling expenses in respect of travel that was completed before the commencing date. (8) Section 113 of the Veterans’ Entitlements Act does not apply to or in relation to the funeral of a person that occurred before the commencing date. (9) Upon the approval of the Vehicle Assistance Scheme under section 105 of the Veterans’ Entitlements Act, a motor vehicle made available, before the approval of that Scheme, to a veteran who is eligible to participate in that Scheme, being a vehicle that was made available to the veteran under the Scheme known as the gift car scheme and that was in the possession of the veteran immediately before that approval was given, shall be deemed to have been made available to the veteran under the Vehicle Assistance Scheme. (10) Subject to this section, on and after the commencing date, an allowance or other pecuniary benefit paid or payable under a repealed Act in respect of a period ending before that date may be reviewed, having regard to information received by the Commission either before, on or after that date, as if it had been granted under Part VI of the Veterans’ Entitlements Act. (10A) Subsection (10) does not authorise the making of a request under section 115 of the Veterans’ Entitlements Act in respect of a decision of the Commission made before the commencing date. (11) Where, after the commencing date: (a) an allowance or other pecuniary benefit is granted under Part VI of the Veterans’ Entitlements Act in respect of a period before the commencing date or of an event that occurred before that date; or (b) the amount or rate of an allowance or other pecuniary benefit in respect of such a period or event is being determined or reviewed; the amount or rate of that benefit or allowance in respect of any time before the commencing date shall be determined by reference to the relevant provisions of the repealed Acts as in force at that time, but otherwise in accordance with the provisions of the Veterans’ Entitlements Act.