23Child of a person

23 Child of a person

(1) Where: (a) a person who was, immediately before the commencing date, in receipt of a benefit under Part IVAAA of the Social Security Act 1947 as then in force was, immediately before that date, a child, within the meaning of subsection 83(1) of the Repatriation Act as then in force, of a member of the Forces, being a member who was in receipt of a service pension; (b) the person has not ceased to receive that benefit (otherwise than by virtue of subsection 150(2) of the Social Security Act 1947); and (c) the member has not ceased to receive a service pension; the definition of child in subsection 5F of the Veterans’ Entitlements Act shall, for the purpose of applying Part III of that Act to and in relation to that person and member, be read as if paragraph (f) were omitted from that definition. (2) In subsection (1):

member of the Forces means a member of the Forces within the meaning of Division 5 of Part III of the Repatriation Act (as in force immediately before 11 November 1982 and including that Division as extended by another Division of that Part or by another Act), and includes a member of the Forces of a Commonwealth country within the meaning of Division 5A of that Part, a member of the Forces of an allied country within the meaning of Division 5B of that Part, an Australian mariner within the meaning of Division 5C of that Part and a Commonwealth mariner or allied mariner within the meaning of Division 5D of that Part.

service pension means:

(a) in relation to any time before the commencing date—a pension under Division 5 of Part III of the Repatriation Act (including that Division as extended by another Division of that Act or by another Act); or
(b) in relation to any other time—a service pension under Part III of the Veterans’ Entitlements Act.

(3) Where: (a) a person who was, immediately before the commencing date, in receipt of a benefit under Part IVAAA of the Social Security Act 1947 as then in force, being a benefit granted in pursuance of a claim lodged before 11 November 1982, was, immediately before that date, a child of another person within the meaning of section 123AB of the Repatriation Act as then in force; and (b) the person has not ceased to receive that benefit (otherwise than by virtue of subsection 150(2) of the Social Security Act 1947); the definition of child in subsection 5F(1) of the Veterans’ Entitlements Act shall, for the purpose of applying Division 15 of Part III of that Act to and in relation to that person and that other person, be read as if paragraph (f) were omitted from that definition. (4) Where a person living outside Australia is a child of a person who is in receipt of, or is a claimant for, a pension under Part III of the Veterans’ Entitlements Act, then, notwithstanding the provisions of subsection 5F(4) of that Act, the person shall be treated as the child of that person for the purposes of that Part if, immediately before 5 September 1985, the child was treated, for the purposes of Division 5 of Part III of the Repatriation Act as then in force, as a child of that person.