Section 13AG — Veterans' Entitlements Act 1986: Verification determination

(1) The Commission must determine that a person is a reinstated pensioner if the Commission is satisfied that: (a) the person was eligible for and receiving a pension, on or before 28 May 1984, under one of the repealed Acts as a widow of a deceased member of the Forces or a widow of an Australian Mariner; and (b) the person remarried on or before that date; and (c) the pension was cancelled under the repealed Act only because the person married or remarried. (2) A determination under this section: (a) must be in writing; and (b) takes effect from the day, under section 13B, that pension becomes liable to be paid to the reinstated pensioner. (3) In subsection (1): Australian Mariner has the meaning it had in the Seamen’s War Pensions and Allowances Act 1940. pension means: (a) in relation to a repealed Act set out in paragraph (a) of the definition of repealed Act—pension (other than service pension) payable to a widow under that repealed Act in respect of the death of a member of the Forces; and (b) in relation to the Seamen’s War Pensions and Allowances Act 1940—pension payable to a widow under that Act in respect of the death of an Australian Mariner. repealed Act means: (a) an Act specified in Part I, II, III, IV or V of Schedule 1; or (b) the Seamen’s War Pensions and Allowances Act 1940. (4) A reference in subsection (1) to a member of the Forces is a reference to: (a) a member of the Forces within the meaning of: (i) Divisions 1, 6 and 8 of Part III of the Repatriation Act 1920; or (ii) the Repatriation (Far East Strategic Reserve) Act 1956; or (iii) the Repatriation (Special Overseas Service) Act 1962; and (b) a member of the Forces, or a member of a Peacekeeping Force, as defined by subsection 68(1) of this Act; and (c) a member of the Interim Forces within the meaning of the Interim Forces Benefits Act 1947; and (d) a person the incapacity or death of whom was taken, by section 7A of the Repatriation (Special Overseas Service) Act 1962, to have resulted from an occurrence that happened during a period of special service of the person as a member of the Forces.