Saving provisions applicable to certain people who cease to be service pensioners on 1 January 1998
11 Saving provisions applicable to certain people who cease to be service pensioners on 1 January 1998
Subject to subclause (2), this clause applies to a person at a particular time (the relevant time) if:
a service pension is not payable to the person; and
a service pension was payable to the person immediately before 1 January 1998 at a rate that included one or more pension child‑related amounts in respect of a child or children; and
a service pension would have been payable to the person at the relevant time at a rate that included one or more pension child‑related amounts in respect of that child or those children if the amendments made by Schedule 1 to the Veterans’ Affairs Legislation Amendment (Budget and Simplification Measures) Act 1997 had not been made.
This clause ceases to apply to a person, and does not afterwards again apply to the person, if:
the service pension referred to in paragraph (1)(c) would have ceased to be payable to the person; or
family payment under the Social Security Act is no longer payable to the person or the person’s partner or is no longer payable to the person or the person’s partner at a rate higher than the minimum family payment rate; or
service pension becomes payable to the person.
A person to whom this clause applies is taken for the purposes of subsection 85(7) to be in receipt of a service pension under Part III.
In this clause:
pension child‑related amount, at any relevant time, means an amount that would be required at that time to be included in a service pension under Module C or Module D (as Module C or Module D was affected by Module DAA) of the Service Pension Rate Calculator at the end of section 42 of the Veterans’ Entitlements Act 1986 as in force immediately before 1 January 1998.
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