65Pensions‑re‑marriage or marriage of widow

65 Pensions‑re‑marriage or marriage of widow

(1) Where: (a) a person, being the widow of a deceased Australian mariner, 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 the Seamen’s War Pensions and Allowances Act 1940 as a dependant of the mariner; notwithstanding the provisions of that Act, the pension, and any domestic allowance payable to her under regulation 37 of the Seamen’s War Pensions and Pensions—re‑marriage or marriage of widow to her by reason of her re‑marriage or marriage, and, subject to subsection (2) of this section, instalments of that pension, and of that allowance (if payable), shall be paid to her: (a) under the Seamen’s War Pensions and Allowances Act 1940 and under the Seamen’s War Pensions and Allowances Regulations (if applicable), as in force before the commencing date, in respect of the period commencing on the date of her re‑marriage or marriage and ending on the date immediately before the commencing date; and (b) under the Seamen’s War Pensions and Allowances Act 1940, as amended by this Act, and under the Seamen’s War Pensions and Allowances Regulations (if applicable), on and after the commencing date. (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 28A of the Seamen’s War Pensions and Allowances Act 1940—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 28A of the Seamen’s War Pensions and Allowances Act 1940—that gratuity shall be deemed not to be payable to the person; and (c) subsection 55A(2) of the Seamen’s War Pensions and Allowances Act 1940 applies as if the pension that is to be deemed by subsection (1) not to have ceased to be payable were a new pension that became payable to the person under that 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 Australian mariner, makes a claim for a pension as a dependant of the mariner, or for a gratuity under section 28A of the Seamen’s War Pensions and Allowances Act 1940, 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) Australian mariner has the same meaning as it has in the Seamen’s War Pensions and Allowances Act 1940; and (b) widow has the same meaning as it has in the Seamen’s War Pensions and Allowances Act 1940, and includes a de facto wife within the meaning of that Act.