8

8 Existing service pensions

(1) Where a person who was a member of the Forces was, immediately before the commencing date, in receipt of a service pension under a repealed Act, the Veterans’ Entitlements Act applies to and in relation to the person as if: (a) that service pension had been granted to the person under Part III of the Veterans’ Entitlements Act; and (b) that person had been determined, under the Veterans’ Entitlements Act, to be a veteran as defined by paragraph (a) or (b) of the definition of veteran in subsection 5C(1). (2) Where a person was, immediately before the commencing date, in receipt of a service pension under a repealed Act by reason that the person was the partner or non-illness separated wife of a member of the Forces or the widow of a deceased member of the Forces, the Veterans’ Entitlements Act applies to and in relation to the person as if: (a) that service pension were a wife service pension that had been granted to the person under Part III of the Veterans’ Entitlements Act; and (b) that member of the Forces had been determined, under the Veterans’ Entitlements Act, to be a veteran as defined by paragraph (a) or (b) of the definition of veteran in subsection 5C(1). (3) Where a person was, immediately before the commencing date, in receipt of a service pension under section 85AA of the Repatriation Act (including that section in its application by virtue of Division 5A, 5B, 5C, 5D, 6, 7, 8 or 9 of Part III of that Act or of subsection 7(2) of the Repatriation (Special Overseas Service) Act 1962), the Veterans’ Entitlements Act applies to and in relation to the person as if that service pension were a carer service pension that had been granted to the person under Part III of the Veterans’ Entitlements Act. (4) In this section, unless the contrary intention appears: (a) a reference to a member of the Forces (including a deceased member of the Forces) shall be read as a reference to a member of the Forces within the meaning of: (i) Division 5, 6, 7, 8 or 9 of Part III of the Repatriation Act; or (ii) the Repatriation (Special Overseas Service) Act 1962; and as including a reference to a person who was: (iii) a member of the Forces of a Commonwealth country within the meaning of Division 5A of Part III of the Repatriation Act; (iv) a member of the Forces of an allied country within the meaning of Division 5B of Part III of the Repatriation Act; (v) an Australian mariner who has served in a theatre of war within the meaning of Division 5C of Part III of the Repatriation Act; (vi) a Commonwealth mariner, or an allied mariner, within the meaning of Division 5D of Part III of the Repatriation Act; or (vii) a person to whom Division 6, 7, 8 or 9 of Part III extends by virtue of section 102, 107, 107D or 107G, as the case requires, of the Repatriation Act; (b) partner, non-illness separated wife and widow have the same meanings as in section 5E of the Veterans’ Entitlements Act; and