Veterans' Entitlements Act 1986

This section applies in determining for the purposes of section 53K or 53L the rates of pension or social security pension that were payable to the pensioner and the partner on the last day of the last pension period that ended before the day of the partner’s death.

If the pensioner and partner were an illness separated couple or a respite care couple on the last day of the last pension period that ended before the day of the partner’s death, the rates of pension or social security pension referred to in subsection (1) are to be worked out as if the pensioner and partner were not members of an illness separated couple or respite care couple but remained members of a couple.

If the partner was a war widow or war widower who was receiving a service pension, the rate of that pension that was payable to the partner on the last day of the last pension period that ended before the day of the partner’s death is taken to be the rate that would have been payable if Method statement 1 or Method statement 2 (whichever is appropriate) in Module A of the Rate Calculator had applied in working out the rate of the pension and Method statement 3 or Method statement 4, as the case may be, in that Module had not applied.

If the partner was a war widow or war widower who was receiving an income support supplement, the rate of that supplement that was payable to the partner on the last day of the last pension period that ended before the day of the partner’s death is taken to be:

in respect of a partner who was not permanently blind—the rate that would have been payable if the ceiling rate were greater than the adjusted income reduced rate and the assets reduced rate; or

in respect of a partner who was permanently blind—the sum of:

the maximum basic rate under point SCH6‑B1; and

the partner’s pension supplement amount (worked out as if the partner was receiving a service pension worked out under subpoint SCH6‑A1(2) of Schedule 6).

In determining under subsection (4) the rate of the income support supplement that was payable to the partner on the last day of the last pension period that ended before the day of the partner’s death, it is to be assumed that the adjusted income of the partner did not include the income referred to in paragraph (c), (ca) or (cb) of the definition of adjusted income in subsection 5H(1).

If the partner was a war widow or war widower who was receiving a social security pension, the rate of that pension that was payable to the partner on the last day of the last pension period that ended before the day of the partner’s death is taken to be the rate that would have been payable if:

subsections 1064(5) and (6) and 1065(4) and (5) of the Social Security Act had not been enacted; and

the ordinary income of the partner did not include any instalment of pension that was payable to the partner under subsection 30(1).