Claim for pension
14 Claim for pension
Subject to subsection (2), a veteran, or a dependant of a deceased veteran other than a reinstated pensioner, may make a claim for a pension in accordance with subsection (3).
A claim may not be made on or after the date of commencement (see section 12AA).
Where a determination under this Act is in force determining that any incapacity from which a veteran is suffering resulted from war‑caused injury or war‑caused disease, or both, but a pension was not granted to the veteran on the ground that the extent of the incapacity was insufficient to justify the grant of a pension, subsection (1) does not apply to a claim for a pension in respect of that incapacity.
A claim for a pension:
shall be in writing and in accordance with a form approved by the Commission;
shall be accompanied by such evidence available to the claimant as the claimant considers may be relevant to the claim; and
is to be lodged at an office of the Department in Australia in accordance with section 5T and is taken to have been made on a day determined under that section.
Subsection (3) shall not be taken to impose any onus of proof on a claimant or to prevent a claimant from submitting evidence in support of the claim subsequently to the making, but before the determination, of the claim.
Where:
a veteran has made a claim for a pension under this section in respect of incapacity from a particular injury or disease; and
the claim has not been finally determined;
the veteran is not empowered to make another claim for a pension under this section in respect of incapacity from that injury or disease.
Where:
a person has made a claim for a pension under this section in respect of the death of a veteran; and
the claim has not been finally determined;
the person is not empowered to make another claim for a pension under this section in respect of the death of that veteran.
For the purposes of this section, a claim is finally determined when either:
a decision that has been made in respect of the claim is not subject to any form of appeal or review; or
a decision that has been made in respect of the claim was subject to some form of appeal or review, but the period within which such an appeal or review could be instituted has ended without an appeal or review having been instituted.
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