Section 38B — Veterans' Entitlements Act 1986: Partner service pension generally not payable before claim

Provisional commencement day (1) A partner service pension is not payable to a person before the person’s provisional commencement day. (1A) Subject to subsections (2) and (3), a person’s provisional commencement day is the day on which the person claims the partner service pension. Initial incorrect claim followed by proper claim (2) If: (a) a person makes a claim (in this subsection called the initial claim) for partner service pension; and (b) the claim is not a proper claim; and (c) on the day on which the person makes the initial claim, the person is eligible for partner service pension; and (d) the person subsequently makes a proper claim: (i) within 3 months after being notified that the initial claim was not a proper claim; or (ii) if the person was not so notified—at any time; then the person’s provisional commencement day is the day on which the initial claim was lodged. After a person makes a claim, the person’s partner becomes a special rate disability pensioner (3) If: (a) a person makes a claim for partner service pension; and (b) that claim is refused; and (c) that claim would not have been refused if, on the day on which the claim was made, the person’s partner was a veteran to whom section 24 applied; and (d) after that claim is refused, the Secretary notifies the person’s partner that he or she is a veteran to whom section 24 applies; and (e) within 3 months after that notification, the person makes another claim for partner service pension; then the person’s provisional commencement day is the later of: (f) the day the person made the claim referred to in paragraph (a); and (g) the day the person’s partner became a veteran to whom section 24 applies.