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This Act may be cited as the Veterans’ Entitlements Act 1986.
This Act shall come into operation on a date to be fixed by Proclamation.
The Acts specified in Parts I, II, III, IV and V of Schedule 1 are repealed.
The Acts specified in column 1 of Part VI of Schedule 1 are amended as set out in columns 2 and 3 of that Schedule.
This Act extends to the external Territories.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
The Secretary may arrange for the use, under the Secretary’s control, of computer programs for any purposes for which the Commission may, or must, under this Act or a legislative instrument made for the purposes of this Act:
make a decision; or
exercise any power or comply with any obligation; or
do anything else related to making a decision or exercising a power or complying with an obligation.
Subsection (1) does not apply to the following:
a decision that the death of a veteran was not war‑caused;
a decision that an injury suffered by a veteran is not a war‑caused injury;
a decision that a disease contracted by a veteran is not a war‑caused disease;
a decision that the death of a member of the Forces (within the meaning of Part IV), or a member of a Peacekeeping Force (within the meaning of that Part), was not defence‑caused;
a decision that an injury suffered by a member of the Forces (within the meaning of Part IV), or a member of a Peacekeeping Force (within the meaning of that Part), is not a defence‑caused injury;
a decision that a disease contracted by a member of the Forces (within the meaning of Part IV), or a member of a Peacekeeping Force (within the meaning of that Part), is not a defence‑caused disease.
For the purposes of this Act or the legislative instrument, the Commission is taken to have:
made a decision; or
exercised a power or complied with an obligation; or
done something else related to the making of a decision or the exercise of a power or the compliance with an obligation;
that was made, exercised, complied with or done by the operation of a computer program under an arrangement made under subsection (1).
Substituted decisions
The Commission may, under a provision of this Act or of the legislative instrument, make a decision in substitution for a decision the Commission is taken to have made under paragraph (2)(a) if the Commission is satisfied that the decision made by the operation of the computer program is incorrect.
For review of a decision made in substitution, see Parts IX and X.
Subsection (3) does not limit any other provision of this Act that provide for the review or reconsideration of a decision.
Sections 5B to 11B contain definitions of terms that are used in this Act.
Subsection 5Q(1) contains an entry for each expression that is defined for the purposes of this Act. That subsection is like a Dictionary.
The entry is either an actual definition of the expression or a signpost definition that identifies the provision that defines the expression.
Many other sections in this Part contain the actual definitions relating to a particular topic. For example, sections 6 to 6F deal with operational service and section 5H contains income test definitions.
In this Act, unless the contrary intention appears:
allotted for duty in an operational area has the meaning given by subsection (2).
operational area means an area described in column 1 of Schedule 2 during the period specified in column 2 of Schedule 2 opposite to the description of the area in column 1.
period of hostilities means:
World War 1 from its commencement on 4 August 1914 to 11 November 1918 (both included); or
World War 2 from its commencement on 3 September 1939 to 29 October 1945 (both included); or
the period of hostilities in respect of Korea from 27 June 1950 to 19 April 1956 (both included); or
the period of hostilities in respect of Malaya from 29 June 1950 to 31 August 1957 (both included); or
the period of hostilities in respect of war‑like operations in operational areas from 31 July 1962 to 11 January 1973 (both included).
war to which this Act applies means World War 1 or World War 2.
World War 1 means:
the war that commenced on 4 August 1914; and
any other war in which the Crown became engaged after 4 August 1914 and before 11 November 1918.
World War 2 means:
the war that commenced on 3 September 1939; and
any other war in which the Crown became engaged after 3 September 1939 and before 3 September 1945.
Allotted for duty
A reference in this Act to a person, or a unit of the Defence Force, that was allotted for duty in an operational area is a reference:
in the case of duty that was carried out in an operational area described in item 1, 2, 3, 4, 5, 6, 7 or 8 of Schedule 2 (in column 1)—to a person, or unit of the Defence Force, that is allotted for duty in the area (whether retrospectively or otherwise) by written instrument issued by the Defence Force for use by the Commission in determining a person’s eligibility for entitlements under this Act; or
in the case of duty that was carried out in an operational area described in item 3A, 3B, 9, 10, 11, 12, 13, 14 or 15 of Schedule 2 (in column 1)—to a person, or unit of the Defence Force, that is allotted for duty in the area (whether retrospectively or otherwise) by written instrument signed by the Vice Chief of the Defence Force for use by the Commission in determining a person’s eligibility for entitlements under this Act; or
to a person, or unit of the Defence Force, that is, by written instrument signed by the Defence Minister, taken to have been allotted for duty in an operational area described in item 4 or 8 in Schedule 2 (in column 1).
End of World War 1 and 2
For the purposes of this Act:
World War 1 is taken to have ended on 1 September 1921; and
World War 2 is taken to have ended on 28 April 1952.
1 September 1921 is the date fixed by Proclamation under the Termination of the Present War (Definition) Act 1919.
28 April 1952 is the date on which the Treaty of Peace with Japan came into force.
In this Act, unless the contrary intention appears:
allied country means any country (not being Australia or a Commonwealth country):
that was, at the relevant time, at war with the enemy; or
the forces of which were, at the relevant time, engaged in an operational area against forces against which the forces of the Commonwealth were engaged in that area;
and includes:
a state, province or other territory that is one of 2 or more territories that together form, or formed at the relevant time, a discrete part of such a country; and
a place that is, or was at the relevant time, a territory, dependency or colony (however described) of such a country.
allied mariner means a person who:
was during the period of World War 2 from its commencement to and including 29 October 1945:
a master, officer or seaman employed under agreement, or an apprentice employed under indenture, in sea‑going service on a ship that was engaged in trading; or
a master, officer, seaman or apprentice employed in a lighthouse tender or pilot ship; or
employed as a pilot; or
a master, officer, seaman or apprentice employed in sea‑going service on a ship (being a hospital ship, troop transport, supply ship, tug, cable ship, salvage ship, dredge, fishing vessel or fisheries investigation vessel) that was operated by, or on behalf of, a foreign country; and
was at any time during the course of that employment during the period referred to in paragraph (a) on a ship that was:
operating from a port in Australia or from a port in a Commonwealth country or an allied country; or
engaged in trading with Australia or with a Commonwealth country or an allied country; or
engaged in providing assistance or support to the Defence Force, or to the forces, or any part of the forces, of a Commonwealth country or an allied country; or
engaged in providing assistance or support to Australia or to a Commonwealth country or an allied country;
but does not include:
an Australian mariner; or
a person who has, at any time, been employed by a foreign country that was, at that time, at war with Australia; or
a person who has, at any time, been employed:
on a ship that operated to, or was operating from, a port in a country that was, at that time, at war with Australia; or
on a ship that was engaged in trading with a country that was, at that time, at war with Australia; or
on a ship that was engaged in providing assistance or support to the enemy or to a country that was, at that time, at war with Australia.
allied veteran means a person:
who has been appointed or enlisted as a member of the defence force established by an allied country; and
who has rendered continuous full‑time service as such a member during a period of hostilities;
but does not include a person who has served at any time:
in the forces of a country that was, at that time, at war with Australia, or in forces engaged in supporting or assisting the forces of such a country; or
in forces that were, at that time, engaged in war‑like operations against the Naval, Military or Air Forces of Australia.
See also subsection 5R(2).
Australian mariner means a person who was, during the period of World War 2 from its commencement to and including 29 October 1945:
a master, officer or seaman employed under agreement, or an apprentice employed under indenture, in sea‑going service on a ship registered in Australia that was engaged in trading between a port in a State or Territory and any other port; or
a master, officer or seaman employed under agreement, or an apprentice employed under indenture, in sea‑going service on a ship registered outside Australia who was, or whose dependants were, resident in Australia for at least 12 months immediately before he or she entered into the agreement or indenture; or
a master, officer, seaman or apprentice employed on a lighthouse tender, or pilot ship of the Commonwealth or of a State; or
a pilot employed or licensed by Australia or a State or by an authority constituted by or under a law of the Commonwealth or of a State; or
a master, officer, seaman or apprentice employed in sea‑going service on a ship owned in Australia and operating from an Australian port, being a hospital ship, troop transport, supply ship, tug, cable ship, salvage ship, dredge, fishing vessel or fisheries investigation vessel; or
a member or employee of the Commonwealth Salvage Board engaged in sea‑going service under the direction of that Board; or
a master, officer, seaman or apprentice employed in sea‑going service on a ship registered in New Zealand who the Commission is satisfied was engaged in Australia and is not entitled to compensation under a law of a Commonwealth country providing for the payment of pensions and other payments to seamen who suffered death or disablement as a result of World War 2.
Commonwealth country means a country (other than Australia) that is, or was at the relevant time, a part of the Dominions of the Crown, and includes:
a state, province or other territory that is one of 2 or more territories that together form, or formed at the relevant time, a discrete part of such a country; and
a place that is, or was at the relevant time, a territory, dependency or colony (however described) of a part of such a country.
Commonwealth veteran means a person who rendered continuous full‑time service as a member of:
the naval, military or air forces; or
the nursing or auxiliary services of the naval, military or air forces; or
the women’s branch of the naval, military or air forces;
of a Commonwealth country during a period of hostilities.
continuous full‑time service means:
in relation to a member of the Defence Force:
service in the Naval Forces of the Commonwealth of the kind known as continuous full‑time naval service; or
service in the Military Forces of the Commonwealth of the kind known as continuous full‑time military service; or
service in the Air Force of the Commonwealth of the kind known as continuous full‑time air force service; or
in relation to a member of the naval, military or air forces of a Commonwealth country or an allied country—service in those forces of a kind similar to a kind of service referred to in subparagraph (a)(i), (ii) or (iii).
See also subsection 5R(1).
Defence Force has the same meaning as in the Defence Act 1903.
defence force established by a Commonwealth country means:
the naval, military or air forces of the country; or
the nursing and auxiliary services of the naval, military or air forces of the country; or
the women’s branch of the naval, military or air forces of the country.
defence force established by an allied country means:
the regular naval, military or air forces; and
the nursing or auxiliary services of the regular naval, military or air forces; and
the women’s branch of the regular naval, military or air forces;
raised by an allied country and operated by the country with regular military‑like lines of command, that is to say, raised and operated in such a manner that the members of those forces and services:
were formally appointed to, or enlisted in, those forces or services; and
were required to wear uniforms or insignia distinguishing them as members of those forces or services; and
were required to carry arms openly; and
were subject to the rules and conventions of warfare.
For extended meaning of this term in relation to a government‑in‑exile, see subsection (3).
For an extended meaning of this term in relation to an allied veteran see subsection 5R(2).
eligible civilian means a person:
who was killed, or detained by the enemy, during World War 2; and
who was, at the time the person was killed or first detained:
a British subject; and
a resident, but not an indigenous inhabitant, of the Territory of Papua or the Territory of New Guinea; and
who was not, at that time:
rendering service as a member of the Defence Force; or
employed by the Commonwealth on a special mission outside Australia.
enemy means:
in relation to World War 1 or World War 2—the naval, military or air forces, or any part of the naval, military or air forces, of a State at war with the Crown during that war; and
in relation to service in, or a period of hostilities in respect of, an operational area—the naval, military or air forces against which the Naval, Military or Air Forces of the Commonwealth were engaged in that operational area; and
persons assisting any of those forces.
fishing vessel means a ship employed in connection with the occupation of sea fishing for profit.
former refugee means a person who was a refugee but does not include a person who ceased to be a refugee because his or her entry permit or visa (as the case may be) was cancelled.
government‑in‑exile, in relation to an allied country, includes a person, or group of persons, claiming to represent, or administer, the country or a part of the country or the people of the country.
member of a unit of the Defence Force means:
a member of the Defence Force; or
another person who is:
a member of the unit; or
attached to the unit; or
appointed for continuous full‑time service with the unit.
See also subsection 5R(1).
member of the Defence Force includes a person appointed for continuous full‑time service with a unit of the Defence Force.
See also subsection (2).
member of the Interim Forces means a person who:
enlisted or re‑engaged in, or was appointed or re‑appointed to, the Defence Force for continuous full‑time service for a term of not more than 2 years; or
was appointed for continuous full‑time service with a unit of the Defence Force for a term of not more than 2 years;
on or after 1 July 1947 and before 1 July 1949.
non‑warlike service means service in the Defence Force of a kind determined in writing by the Defence Minister to be non‑warlike service.
operational service has the meaning given by sections 6 to 6F.
qualifying service has the meaning given in section 7A.
refugee has the meaning given by subsection (4).
special mission means a mission that, in the opinion of the Commission, was of special assistance to the Commonwealth in the prosecution of a war to which this Act applies.
unit of the Defence Force means a body, contingent or detachment of the Defence Force.
veteran means:
a person (including a deceased person):
who is, because of section 7, taken to have rendered eligible war service; or
in respect of whom a pension is, or pensions are, payable under subsection 13(6); and
in Parts III and VIIC also includes a person who is:
a Commonwealth veteran; or
an allied veteran; or
an allied mariner.
Commonwealth veteran, allied veteran and allied mariner are defined in this subsection.
warlike service means service in the Defence Force of a kind determined in writing by the Defence Minister to be warlike service.
Army Medical Corps Nursing Service
For the purposes of this Act, a member of the Army Medical Corps Nursing Service who:
rendered service during World War 1, either within or outside Australia; and
rendered the service as such a member in accordance with an acceptance or appointment by the Director‑General of Medical Services for service outside Australia;
is taken to have been serving as a member of the Defence Force while rendering that service.
Defence force of government‑in‑exile
In relation to any period during which there was a government‑in‑exile in relation to an allied country, defence force established by an allied country includes:
the regular naval, military or air forces; and
the nursing or auxiliary services of the regular naval, military or air forces; and
the women’s branch of the regular naval, military or air forces;
raised by that government‑in‑exile and operated by it with regular military‑like lines of command, that is to say, raised and operated in such a manner that the members of those forces and services:
were formally appointed to, or enlisted in, those forces or services; and
were required to wear uniforms or insignia distinguishing them as members of those forces or services; and
were required to carry arms openly; and
were subject to the rules and conventions of warfare.
For an extended meaning of the defence force of a government‑in‑exile in relation to an allied veteran see subsection 5R(2).
Refugee
For the purposes of Part III, a person is a refugee if the person:
is taken, under the Migration Reform (Transitional Provisions) Regulations, to be the holder of a transitional (permanent) visa because the person was, immediately before 1 September 1994, the holder of:
a visa or entry permit that fell within Division 1.3—Group 1.3 (Permanent resident (refugee and humanitarian) (offshore)) in Part 1 of Schedule 1 to the Migration (1993) Regulations as then in force; or
a visa or entry permit that fell within Division 1.5—Group 1.5 (Permanent resident (refugee and humanitarian) (on‑shore)) in Part 1 of Schedule 1 to the Migration (1993) Regulations as then in force; or
was, immediately before 1 February 1993, the holder of a visa or entry permit of a class prescribed under the Migration Regulations as then in force that corresponds to a visa or entry permit referred to in subparagraph (a)(i) or (ii); or
is the holder of:
a permanent protection visa; or
a permanent visa of a class referred to in Schedule 2A; or
a permanent visa of a class referred to in a declaration of the Minister under subsection (5) that is in force.
Declaration of class of visas
If:
after the commencement of this subsection, a class of permanent visas (other than a class referred to in Schedule 2A) is prescribed by regulations made for the purposes of section 31 of the Migration Act 1958; and
the Minister is of the view that a person holding a visa of that class should be regarded as a refugee for the purposes of Part III;
the Minister may, by legislative instrument, declare that class of visas to be a class of visas for the purposes of subparagraph (4)(c)(iii).
In this Act, unless the contrary intention appears:
blinded in an eye has the meaning given by subsection (3).
disease means:
any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development); or
the recurrence of such an ailment, disorder, defect or morbid condition;
but does not include:
the aggravation of such an ailment, disorder, defect or morbid condition; or
a temporary departure from:
the normal physiological state; or
the accepted ranges of physiological or biochemical measures;
that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).
incapacity from a defence‑caused injury or incapacity from a defence‑caused disease has the meaning given by subsection (2).
incapacity from a war‑caused injury or incapacity from a war‑caused disease has the meaning given by subsection (2).
injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
a disease; or
the aggravation of a physical or mental injury.
War‑caused injury; war‑caused disease; defence‑caused injury; defence‑caused disease
In this Act, unless the contrary intention appears:
a reference to the incapacity of a veteran from a war‑caused injury or a war‑caused disease; or
a reference to the incapacity of a person who is a member of the Forces, or a member of a Peacekeeping Force (as defined by subsection 68(1)), from a defence‑caused injury or a defence‑caused disease;
is a reference to the effects of that injury or disease and not a reference to the injury or disease itself.
For war‑caused injury and war‑caused disease see section 9.
Blinded in an eye
For the purposes of this Act, a person is taken to have been blinded in an eye if:
the person has lost the eye; or
in the opinion of the Commission, the eyesight of the person in that eye is so defective that the person has no useful sight in that eye.
In this Act, unless the contrary intention appears:
couple has the meaning given by subsections (2), (3) and (4).
member of a couple has the meaning given by subsections (2), (3), (4) and (4A).
non‑illness separated spouse means a person:
who is legally married to another person but living separately and apart from that other person on a permanent basis; and
whose separation has not resulted in a determination under subsection 5R(5).
partner, in relation to a person who is a member of a couple, means the other member of the couple.
partnered has the meaning given by subsection (5).
partnered (partner getting benefit) has the meaning given by subsection (5).
partnered (partner getting neither pension nor benefit) has the meaning given by subsection (5).
partnered (partner getting pension) has the meaning given by subsection (5).
partnered (partner getting pension or benefit) has the meaning given by subsection (5).
prohibited relationship has the meaning given by subsections (6) and (7).
war widow means a woman:
who was the partner of, was legally married to, or was the wholly dependent partner of:
a veteran; or
a person who was a member of the Forces for the purposes of Part II or IV of this Act; or
a person who was a member (within the meaning of the MRCA);
immediately before the death of the veteran or person; and
who:
is receiving a pension payable under Part II or IV of this Act at a rate determined under or by reference to subsection 30(1); or
is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA; or
is receiving a pension that is payable under the law of a foreign country, and that is, in the opinion of the Commission, similar in character to a pension referred to in subparagraph (i).
war widower means a man:
who was the partner of, was legally married to, or was the wholly dependent partner of:
a veteran; or
a person who was a member of the Forces for the purposes of Part II or IV of this Act; or
a person who was a member (within the meaning of the MRCA);
immediately before the death of the veteran or person; and
who:
is receiving a pension payable under Part II or IV of this Act at a rate determined under or by reference to subsection 30(1); or
is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA; or
is receiving a pension that is payable under the law of a foreign country, and that is, in the opinion of the Commission, similar in character to a pension referred to in subparagraph (i).
wholly dependent partner has the meaning given by the MRCA.
widow means:
a woman who was the partner of a person immediately before the person died; or
a woman who was legally married to a person, but living separately and apart from the person on a permanent basis, immediately before the person died.
widower means:
a man who was a partner of a person immediately before the person died; or
a man who was legally married to a person, but living separately and apart from the person on a permanent basis, immediately before the person died.
Member of a couple—general
A person is a member of a couple for the purposes of this Act if:
the person is legally married to another person and is not living separately and apart from the other person on a permanent basis; or
both of the following conditions are met:
a relationship between the person and another person (whether of the same sex or a different sex) is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section;
the person is not living separately and apart from the other person on a permanent basis; or
all of the following conditions are met:
the person is living with another person, whether of the same sex or a different sex (in this paragraph called the partner);
the person is not legally married to the partner;
the person and the partner are, in the Commission’s opinion (formed as mentioned in section 11A), in a de facto relationship;
the person and the partner are not within a prohibited relationship.
For living with a person see subsection (3).
Subsection 5R(5) (determination in relation to an illness separated couple) is a qualification to the definition of a member of a couple.
Subsection 5R(6) (determination in relation to a respite care couple) is a qualification to the definition of a member of a couple.
For the purposes of subparagraph (2)(b)(i), a person is to be treated as living with another person during:
any temporary absence of one of those persons;
an absence of one of those persons resulting from illness or infirmity;
if the Commission is of the opinion that they would, but for the absence, have been living together during that period.
Member of a couple—special excluding determination
A person is not a member of a couple if a determination under subsection 5R(3) is in force in relation to the person.
Subsection 5R(3) allows the Commission to treat a person who is a member of a couple as not being a member of a couple in special circumstances.
The partner of a person who:
is receiving a youth allowance under the Social Security Act; and
is not independent within the meaning of Part 3.5 of that Act;
is not a member of a couple for the purposes of:
the provisions of this Act referred to in the table at the end of this subsection; and
any provision of this Act that applies for the purposes of a provision mentioned in paragraph (c).
Paragraph (d) has the effect of treating a person as not being a member of a couple in provisions that apply for the purposes of the income test, assets test or compensation recovery provisions, including section 5H (Income test definitions), sections 5L and 5LA (Assets test definitions), section 5NB (Compensation recovery definitions) and Divisions 1 to 11 of Part IIIB (General provisions relating to the income and assets tests).
Affected provisions | ||
|---|---|---|
Item | Provisions of this Act | Subject matter |
1 | Part IIIC | Compensation recovery |
2 | Module E of the Rate Calculator in Part 2 of Schedule 6 | Ordinary/adjusted income test |
3 | Module F of the Rate Calculator in Part 2 of Schedule 6 | Assets test |
Standard family situation categories
For the purposes of this Act:
a person is partnered if the person is a member of a couple; and
a person is partnered (partner getting neither pension nor benefit) if the person is a member of a couple and the person’s partner:
is not receiving a service pension; and
is not receiving income support supplement; and
is not receiving a veteran payment; and
is not receiving a social security pension; and
is not receiving a social security benefit; and
a person is partnered (partner getting pension or benefit) if the person is a member of a couple and the person’s partner is receiving:
a service pension; or
income support supplement; or
a veteran payment; or
a social security pension; or
a social security benefit; and
a person is partnered (partner getting pension) if the person is a member of a couple and the person’s partner is receiving:
a service pension; or
income support supplement; or
a veteran payment; or
a social security pension; and
a person is partnered (partner getting benefit) if the person is a member of a couple and the person’s partner is receiving a social security benefit.
Prohibited relationship
For the purposes of this Act, a person and his or her partner are within a prohibited relationship if the person is:
an ancestor or a descendant of the partner; or
a brother, sister, half‑brother or half‑sister of the partner.
For the purposes of subsection (6), a child who is, or has ever been, an adopted child of a person is taken to be the natural child of that person and the person is taken to be the natural parent of the child.
In this Act, unless the contrary intention appears:
Aboriginal study assistance scheme means:
the ABSTUDY Scheme; or
the Aboriginal Overseas Study Assistance Scheme; or
a scheme prescribed for the purposes of this definition.
adopted child means a child adopted under the law of any place, whether in Australia or not, relating to the adoption of children.
child means:
a person who has not turned 16; or
a person who:
has turned 16 but has not turned 25; and
is receiving full‑time education at a school, college or university;
but does not include such a person if the person is receiving:
a disability support pension; or
a carer payment; or
a pension PP (single); or
a widowed person allowance; or
a social security benefit (except youth allowance paid because the person is at least 16 but less than 25 and is receiving full‑time education at a school, college or university);
under the Social Security Act.
dependent child has the same meaning as in the Social Security Act.
family tax benefit has the meaning given by subsection 3(1) of the Family Assistance Act.
FTB child has the meaning given by Subdivision A of Division 1 of Part 3 of the Family Assistance Act.
maximum Part A rate of family tax benefit is the maximum rate worked out in step 1 of the method statement in clause 3 of Schedule 1 to the Family Assistance Act.
parent has a meaning affected by section 10A.
regular care child has the meaning given by subsection 3(1) of the Family Assistance Act.
step‑child: without limiting who is a step‑child of a person for the purposes of this Act, someone who is a child of a partner of the person is the step‑child of the person, if he or she would be the person’s step‑child except that the person is not legally married to the partner.
step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a partner of a parent of the person is the step‑parent of the person, if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.
When a person becomes a dependent child
A person becomes a dependent child at the time when the person would become a dependent child for the purposes of the Social Security Act if that Act applied in respect of the person.