Dates of effect that may be specified in respect of grant of claim for pension
20 Dates of effect that may be specified in respect of grant of claim for pension
Where a claim in accordance with section 14 for a pension is granted (other than a claim to which subsection (2A) applies), the Commission may, subject to this Act, specify as a date that a determination under subsection 19(3) takes effect in respect of the claim, a date not earlier than 3 months before the date on which the claim for a pension, in accordance with a form approved for the purposes of paragraph 14(3)(a) was received at an office of the Department in Australia.
Where:
a person makes a claim for a pension in writing (other than a claim to which subsection (2B) applies), but otherwise than in accordance with a form approved for the purposes of paragraph 14(3)(a);
the person subsequently makes a claim for the pension in accordance with a form so approved:
at a time when the person had not been notified by the Department in writing that it would be necessary to make the claim in accordance with a form so approved; or
within 3 months after the person had been so notified; and
a pension is granted to the person upon consideration of that claim in accordance with a form so approved;
the Commission may, subject to this Act, specify as a date that a determination under subsection 19(3) takes effect in respect of the claim, a date not earlier than 3 months before the date on which the claim referred to in paragraph (a) was received at an office of the Department in Australia.
If:
a claim in accordance with section 14 for a pension for a dependant of a deceased veteran, being a dependant who is the widow or widower of the veteran, is granted; and
the claim for a pension, in accordance with a form approved for the purposes of paragraph 14(3)(a), was received at an office of the Department in Australia less than 6 months after the death of the veteran;
the Commission may, subject to this Act, specify as a date that a determination under subsection 19(3) takes effect in respect of the claim a date not earlier than 6 months before the date on which the claim for a pension was received.
If:
a person makes a claim for a pension for a dependant of a deceased veteran, being a dependant who is the widow or widower of the veteran, that is in writing but not in accordance with a form approved for the purposes of paragraph 14(3)(a); and
that claim is made less than 6 months after the death of the veteran; and
the person subsequently makes a claim for the pension in accordance with an approved form:
at a time when the person had not been notified by the Department in writing that it would be necessary to make the claim in accordance with an approved form; or
within 6 months after the person had been so notified; and
a pension for a dependant of a deceased veteran, being a dependant who is the widow or widower of the veteran, is granted to the person on consideration of the claim in accordance with an approved form;
the Commission may, subject to this Act, specify as a date that a determination under subsection 19(3) takes effect in respect of the claim a date not earlier than 6 months before the date on which the claim referred to in paragraph (a) was received at an office of the Department in Australia.
Nothing in this section empowers the Commission to specify as a date that a determination of a claim under subsection 19(3) takes effect in respect of a person who has made a claim for a pension under section 14, a date before the date that the person became eligible to be granted the pension.
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