Veterans' Entitlements Act 1986

Subject to subsection (6), a person is eligible for an invalidity service pension if the person:

is a veteran; and

has rendered qualifying service; and

is permanently incapacitated for work in accordance with a determination under section 37AA.

For veteran see subsection 5C(1).

For qualifying service see section 7A.

Subject to subsection (3A), a person who is a veteran by reason only of being a Commonwealth veteran, an allied veteran or an allied mariner must, in addition to meeting the requirements of subsection (1), have been an Australian resident for a continuous period of at least 10 years.

Subsection (3) does not apply to:

a refugee; or

a former refugee.

For the purpose of applying subsection (3), where:

a veteran has been an Australian resident during more than one period; and

the longer or longest of those periods is less than 10 years but is not less than 5 years; and

the aggregate of those periods is more than 10 years;

Subsection (3) does not apply to a veteran if:

the veteran became permanently incapacitated for work while the veteran was an Australian resident; and

the veteran’s permanent incapacity for work was not brought about with a view to obtaining a service pension or a social security pension; and

the veteran does not have an enforceable claim against any person, under any law or contract, for adequate compensation in respect of the permanent incapacity.

If:

a veteran lodges a proper claim for an invalidity service pension before meeting the eligibility requirements referred to in subsection (1); and

the veteran ceases to be an Australian resident after lodging the claim and before the claim is determined;

the day on which the veteran met all the eligibility requirements; and

the day from which invalidity service pension would, if the claim were granted, be payable;