5Pensions—re‑marriage or marriage of widow

5 Pensions—re‑marriage or marriage of widow

(1) Where: (a) a person, being the widow of a deceased member of the Forces, has re‑married or married after 28 May 1984 and before the commencing date; and (b) the person was, immediately before her re‑marriage or marriage, in receipt of a pension under a repealed Act as a dependant of the member; notwithstanding the provisions of the repealed Act, the pension, and any domestic allowance payable to her under regulation 176D of the Repatriation Regulations, shall be deemed not to have ceased to be payable to her by reason of her re‑marriage or marriage and, subject to subsection (2) of this section: (c) instalments of that pension, and that allowance (if payable), shall be paid to her under the Veterans’ Entitlements Act, but in accordance with the provisions of the repealed Act and of the Repatriation Regulations (if applicable), in respect of the period commencing on the date of her re‑marriage or marriage and ending on the date immediately preceding the commencing date; and (b) subsection 4(3) of this Act applies to and in relation to that pension as if it had not ceased to be payable to her upon her re‑marriage or marriage. (2) Where instalments of pension become payable to a person by reason of the application of subsection (1); (a) if the person has been paid a gratuity before the commencing date under section 40A of the Repatriation Act, an amount equal to the amount of that gratuity shall be deducted from the instalments of pension that so become payable; (b) if the person has not been paid a gratuity under section 40A of the Repatriation Act—that gratuity shall be deemed not to be payable to the person; (ba) if the person was, immediately before the commencement of this paragraph, in receipt of a pension under a repealed Act by virtue of subsection 4(6) of this Act—that pension ceases to be payable to the person on the commencement of this paragraph; and (c) subsection 205(3) of the Veterans’ Entitlements Act applies as if the pension that is to be deemed by subsection (1) of this section not to have ceased to be payable were a new pension that became payable to the person under the Veterans’ Entitlements Act upon the commencing date in respect of the period commencing on the date of the marriage or re‑marriage and ending immediately before the commencing date. (3) Where: (a) a person, being the widow of a deceased member of the Forces, makes a claim for a pension as a dependant of the member, or for a gratuity under section 40A of the Repatriation Act, within 12 months after her re‑marriage or marriage; and (b) a pension would have been granted to her if her claim had been determined before her marriage or re‑marriage; the person shall be deemed, for the purposes of subsection (1) of this section, to have been in receipt of that pension immediately before her re‑marriage or marriage. (4) In this section; (a) member of the Forces means; (i) a member of the Forces within the meaning of section 4; or (ii) a member of the Forces, or a member of a Peacekeeping Force, as defined by subsection 68(1) of the Veterans’ Entitlements Act; (b) pension means pension (other than service pension) payable under a repealed Act in respect of the death of a member of the Forces; and (c) widow has the same meaning as it has in the Veterans’ Entitlements Act.