Veterans' Affairs Legislation Amendment Act 1991 (Cth)

Veterans' Affairs Legislation Amendment Act 1991 No. 74 of 1991 An Act to amend the law relating to veterans' affairs, and for related matters [Assented to 25 June 1991] The Parliament of Australia enacts: PART 1—PRELIMINARY Short title 1. This Act may be cited as the Veterans' Affairs Legislation Amendment Act 1991. Commencement 2. (1) This Part and Part 3 commence or are taken to have commenced on 1 July 1991. (2) Section 3 is taken to have commenced on 22 January 1991. (3) Subject to subsection (4), section 4 commences or is taken to have commenced on 1 July 1991, immediately after the commencement of section 19 of the Veterans' Entitlements (Rewrite) Transition Act 1991. (4) Part 1 of Schedule 2 commences or is taken to have commenced on 1 July 1991, immediately after the commencement of the Social Security (Job Search and Newstart) Amendment Act 1991 and the Social Security (Rewrite) Amendment Act 1991. (5) Subject to subsections (6), (7) and (8), section 5 commences on the day on which this Act receives the Royal Assent. (6) Part 2 of Schedule 3 commences or is taken to have commenced on 1 July 1991, immediately after the commencement of section 19 of the Veterans' Entitlements (Rewrite) Transition Act 1991. (7) Part 3 of Schedule 3 is taken to have commenced on 12 June 1991. (8) Part 4 of Schedule 3 is taken to have commenced on 20 March 1991. PART 2—AMENDMENTS OF ACTS Modifications and amendments of the Veterans' Entitlements Act 1986 (commencing on 22 January 1991) 3. (1) For the period beginning on 22 January 1991 and ending immediately before 1 July 1991, the Veterans' Entitlements Act 1986 is to be read as if it had been modified as set out in Part 1 of Schedule 1. (2) The Veterans' Entitlements Act 1986 is amended as set out in Part 2 of Schedule 1. Amendments of Acts (commencing on 1 July 1991) 4. The Acts specified in Schedule 2 are amended as set out in that Schedule. Other amendments of Acts 5. The Acts specified in Schedule 3 are amended as set out in that Schedule. PART 3—TRANSITIONAL AND SAVINGS ETC. Principal Act 6. In this Part, "Principal Act" means the Veterans' Entitlements Act 19861. Certain claims may be made after re-marriage or marriage—pensions under Part II of the Principal Act 7. In spite of subsection 13 (8) of the Principal Act, the Commonwealth is liable to pay a pension to a male dependant of a deceased veteran (other than a child of the veteran) under section 13 of the Principal Act if: (a) the dependant re-married or married after the death of the veteran; and (b) the re-marriage or marriage occurred on or after 22 January 1991; and (c) the dependant made a claim in writing for a pension under section 13 (whether or not in a form approved under paragraph 14 (3) (a) and whether or not before the re-marriage or marriage occurred); and (d) that claim was made after 21 January 1991 and before 1 October 1991; and (e) the Commission grants the claim. Date of operation of grant of pensions under Parts II and IV of the Principal Act 8. In spite of section 20 of the Principal Act, if: (a) a male dependant of a deceased veteran (other than a child of the veteran) made a claim for a pension under section 13 or 70 (whether or not in a form approved under paragraph 14 (3) (a)); and (b) that claim was made after 21 January 1991 and before 1 October 1991; and (c) the Commission grants the claim; the Commission may approve the payment of the pension to begin on a date that is not earlier than 22 January 1991. Date of operation of grant of spouse's service pension etc. 9. (1) In spite of section 46 of the Principal Act as in force on 22 January 1991, if: (a) a man makes a claim in writing for a spouse's service pension (whether or not in a form approved under paragraph 43 (1) (a) of the Principal Act as then in force); and (b) that claim was made after 21 January 1991 and before 1 July 1991; and (c) the Commission grants the claim; the Commission may approve the payment of the pension to begin on a date that is not earlier than 22 January 1991. (2) In spite of section 38b of the Principal Act as in force on 1 July 1991, if: (a) a man makes a claim in writing for a partner service pension (whether or not the claim is a proper claim under section 38f of the Principal Act as then in force); and (b) that claim was made after 30 June 1991 and before 1 October 1991; and (c) the Commission grants the claim; the Commission may approve the payment of the pension to begin on a date that is not earlier than 22 January 1991. Certain claims may be made after re-marriage or marriage—pensions under Part IV of the Principal Act 10. In spite of subsection 70 (1) of the Principal Act, the Commonwealth is liable to pay a pension to a male dependant of a deceased veteran (other than a child of the veteran) under section 70 of the Principal Act if: (a) the dependant re-married or married after the death of the veteran; and (b) the re-marriage or marriage occurred on or after 22 January 1991; and (c) the dependant made a claim in writing for a pension under section 70 (whether or not in a form approved under paragraph 14 (3) (a) and whether or not before the re-marriage or marriage occurred); and (d) the claim was made after 21 January 1991 and before 1 October 1991; and (e) the Commission grants the claim. Certain expressions are taken to have particular meaning on and after 22 January 1991 11. (1) In this section: "interim period" means the period beginning on 22 January 1991 and ending immediately before 1 July 1991; "wife's service pension" means the pension eligibility for which is specified under section 40 of the Principal Act as in force immediately before the interim period; "WSP provision" means a provision in any Act in force on or after 22 January 1991 that refers to wife's service pension. (2) For the purpose of the application of a WSP provision during the interim period, the provision is taken to have effect as follows: (a) any reference in the provision to "wife's service pension" is taken to be a reference to "spouse's service pension"; (b) any reference in the provision to "wife of a veteran" is taken to include a reference to "husband of a veteran"; (c) any reference in the provision to "widow of a deceased veteran" is taken to include a reference to "widower of a deceased veteran"; (d) any gender-specific expression in the WSP provision is taken to have the corresponding meaning consequential to paragraphs (a), (b) and (c). Application 12. The amendments of section 118ja of the Principal Act made by section 5 apply to payments under that Act that fell or fall due on or after 20 March 1991. ________ SCHEDULE 1 Section 3 MODIFICATIONS AND AMENDMENTS OF VETERANS' ENTITLEMENTS ACT 1986 (COMMENCING ON 22 JANUARY 1991) PART 1 Modifications of Veterans' Entitlements Act 1986 Paragraph 11 (1) (b): Omit the paragraph, substitute: "(b) in respect of a female veteran (including a veteran who has died): (i) the husband or widower of the veteran; or (ii) a man with whom the veteran is living, or was living immediately before her death, as his wife on a genuine domestic basis although not legally married to him (whether or not her husband or widower is also alive); or (iii) a child of the veteran; is a dependant of the veteran.". Subsection 35 (1) (paragraph (b) of the definition of "income support pension"): Omit "wife's", substitute "spouse's". Subsection 35 (1) (definition of "service pensioner"): Omit "wife's", substitute "spouse's". Subsection 35 (1) (definition of "wife's service pension"): Omit the definition. Subsection 35 (1): Insert: " 'spouse's service pension' means a spouse's service pension granted to the spouse of a veteran under section 40;". Subsection 35 (14): Omit "wife's", substitute "spouse's". Paragraph 37 (1) (a): Omit "wife's", substitute "spouse's". SCHEDULE 1—continued Subsection 40 (1): (a) Omit "wife", substitute "spouse". (b) Omit "wife's" (wherever occurring), substitute "spouse's". (c) After "widow" (wherever occurring), insert "or widower". (d) Omit "she", substitute "the widow or widower". (e) Omit "his", substitute "the veteran's". Subsection 40 (3): (a) Omit "wife" (wherever occurring), substitute "spouse". (b) After "widow" (first occurring), insert "or widower". (c) Omit "or widow" (wherever occurring), substitute "widow or widower". (d) Omit "wife's" (wherever occurring), substitute "spouse's". Paragraph 42 (1) (d): (a) After "widow" (wherever occurring), insert "or widower". (b) Omit "wife's", substitute "spouse's". (c) Omit "wife", substitute "spouse". Subsection 42 (2) (definition of "service pension"): Omit "wife's", substitute "spouse's". Subparagraph 42 (3) (b) (i): (a) Omit "if the person is a man—". (b) Omit "wife's", substitute "spouse's". (c) Omit "wife of the man", substitute "spouse of the person". Subparagraph 42 (5) (a) (i): Omit "wife's", substitute "spouse's". Subsection 42 (8): Omit "wife's", substitute "spouse's". Subsection 43 (1): Omit "wife's", substitute "spouse's". Subsection 43 (2): (a) Omit "wife's", substitute "spouse's". (b) Omit "wife", substitute "spouse". Paragraph 43 (3) (b): (a) Omit "wife's", substitute "spouse's". (b) Omit "wife", (wherever occurring), substitute "spouse". SCHEDULE 1—continued Paragraph 43 (5) (a): (a) Omit "wife", substitute "spouse". (b) Omit "wife's", substitute "spouse's". (c) Omit "she", substitute "the spouse". Subsection 44 (4): Omit "wife's", substitute "spouse's". Section 45: Omit "wife's", substitute "spouse's". Subsection 46 (4): Omit "wife's", substitute "spouse's". Subsection 48 (1): Omit "wife's", substitute "spouse's". Subsection 48 (2): (a) Omit "wife's", substitute "spouse's". (b) Omit "wife", substitute "spouse". Subsection 48 (3): (a) Omit "wife's" (wherever occurring), substitute "spouse's". (b) Omit "wife" (wherever occurring), substitute "spouse". Subsection 48 (4): (a) Omit "wife's", substitute "spouse's". (b) Omit "wife", (first occurring), substitute "spouse". (c) After "widow" insert "or widower". (d) Omit "wife or widow" (wherever occurring), substitute "spouse, widow or widower". Subsection 48 (4a): (a) Omit "wife or widow" (first and last occurring), substitute "person". (b) Omit "wife's" (wherever occurring), substitute "spouse's". Subparagraph 48 (4a) (a) (i): (a) Omit "wife" (first occurring), substitute "person". (b) Omit "or a widow", substitute ", a widow or widower". (c) Omit "wife's", substitute "spouse's". (d) Omit "wife or widow", substitute "person". SCHEDULE 1—continued Paragraph 48 (4a) (a): (a) Omit "in the case of a wife:", substitute "in the case of a person:". (b) Omit "whose husband" (wherever occurring), substitute "whose spouse". (c) Omit "wife, the husband", substitute "person, the person's spouse". (d) Omit "applicable to the wife", substitute "applicable to the person". (e) Omit "applicable to the husband", substitute "applicable to the spouse". (f) Omit "in relation to the wife", substitute "in relation to the person". (g) Omit "in relation to the husband", substitute "in relation to the spouse". (h) Omit "husband" (last occurring), substitute "spouse". Subsection 48 (4b): Omit "wife or widow", substitute "person eligible to receive a spouse's service pension". Subsection 49a (2): (a) Omit "woman" (wherever occurring), substitute "person". (b) Omit "her", substitute "the person". (c) Omit "she" (wherever occurring), substitute "he or she". Paragraph 49a (3) (a): (a) Omit "woman", substitute "person". (b) After "widow" (wherever occurring), insert "or widower". Subsection 49a (4): (a) Omit "woman", substitute "person". (b) Omit "she", substitute "he or she". Subsection 49a (5) (paragraphs (a) and (b) of the definition of "prescribed pension"): After "widow (wherever occurring), insert "or widower". Subsection 49a (5) (definition of "service pension"): Omit "wife's", substitute "spouse's". SCHEDULE 1—continued Subsection 49a (5): Insert: " 'widower' means a man who is a widower for the purposes of Part III.". Subsection 49b (1) (definition of "pension"): Omit "wife's", substitute "spouse's". Subsection 51 (2): Omit "wife's" (wherever occurring), substitute "spouse's". Paragraph 51 (5) (a): Omit "wife's" (wherever occurring), substitute "spouse's". Paragraph 52 (9) (a): Omit "wife's", substitute "spouse's". Subparagraph 52 (10) (b) (i): Omit "wife's" (wherever occurring), substitute "spouse's". Subparagraph 52 (11) (b) (i): Omit "wife's" (wherever occurring), substitute "spouse's". Paragraph 53 (1) (a): Omit "wife's", substitute "spouse's". Subsection 53 (2): Omit "wife's" (wherever occurring), substitute "spouse's". Subsection 53 (4): Omit "wife's" (wherever occurring), substitute "spouse's". Subsection 54 (1): Omit "wife's", substitute "spouse's". Subsection 55 (3): Omit "wife's" (wherever occurring), substitute "spouse's". Subsection 55 (4): Omit "wife's" (wherever occurring), substitute "spouse's". Paragraph 55 (6) (a): Omit "wife's", substitute "spouse's". Subsection 55 (10): Omit "wife's", substitute "spouse's". SCHEDULE 1—continued Subsection 57 (2): Omit "wife's" (wherever occurring), substitute "spouse's". Paragraph 57a (13) (b): (a) Omit "wife's" (wherever occurring), substitute "spouse's". (b) Omit "she", substitute "he or she". Subsection 58 (5): Omit "wife's", substitute "spouse's". Subsection 59 (8): Omit "wife's", substitute "spouse's". Subsection 61 (5): Omit "wife's", substitute "spouse's". Subsection 63 (6): Omit "wife's", substitute "spouse's". Subsection 66 (1): (a) Omit "wife's", substitute "spouse's". (b) Omit "wife", substitute "spouse". (c) After "widow" insert "or widower". Subsection 66 (2): (a) After "widow" (wherever occurring), insert "or widower". (b) Omit "wife's", substitute "spouse's". Subsection 66 (3): (a) Omit "wife's", substitute "spouse's". (b) After "widow", insert "or widower". Subsection 66 (4): (a) After "widow", insert "or widower". (b) Omit "wife's", substitute "spouse's". (c) Omit "her", substitute "the widow or widower". Subsection 67 (3): Omit "wife's", substitute "spouse's". Paragraph 81 (2) (b): Omit "wife's", substitute "spouse's". Paragraph 82 (2) (a): Omit "wife's", substitute "spouse's". SCHEDULE 1—continued Section 118a (subparagraph (a) (i) of the definition of "eligible pensioner"): Omit "wife's", substitute "spouse's". Section 118a (definition of "special wife service pensioner"): Omit the definition, substitute: " 'special spouse's service pensioner' means a person who either: (a) is: (i) in receipt of spouse's service pension; and (ii) legally married to a veteran but living separately and apart from the veteran on a permanent basis; and (iii) not living with a person who is an eligible pensioner within the meaning of either section 1 18a of this Act or section 151a of the Social Security Act 1947 as husband and wife on a genuine domestic basis; or (b) is: (i) in receipt of spouse's service pension because of section 66; and (ii) not living with a person who is an eligible pensioner within the meaning of either section 118a of this Act or section 151a of the Social Security Act 1947 as husband and wife on a genuine domestic basis;". Subsection 118d (2): Omit "wife", substitute "spouse's". Subsection 118f (2): Omit "wife", substitute "spouse's". Subsection 118g (4): Omit "wife", substitute "spouse's". Subsection 118h (5): Omit "wife", substitute "spouse's". Subsection 118j (3) (subparagraph (b) (ii) of the definition of "advance payment period"): Omit "wife", substitute "spouse's". Paragraph 118ja (a): Omit "wife's", substitute "spouse's". Subsection 118jb (2): Omit "wife", substitute "spouse's". SCHEDULE 1—continued Subsection 118k (2) (subparagraph (b) (ii) of the definition of "advance payment period"): Omit "wife", substitute "spouse's". Subsection 118m (1) (paragraph (b) of the definition of the "X"): Omit "wife", substitute "spouse's". Paragraph 118n (1) (d): Omit "wife", substitute "spouse's". Paragraph 118n (2) (e): Omit "wife", substitute "spouse's". Paragraph 119 (1) (b): Omit "wife's", substitute "spouse's". Paragraph 119 (1) (e): Omit "wife's", substitute "spouse's". Subsection 119 (2) (paragraph (a) of the definition of "application"): Omit "wife's", substitute "spouse's". Subsection 119 (2) (paragraph (b) of the definition of "claim"): Omit "wife's", substitute "spouse's". Subsection 125 (2): Omit "wife's", substitute "spouse's". Subsection 176 (8): Omit "wife's", substitute "spouse's". Subsection 189 (5) (definition of "pension"): Omit "wife's", substitute "spouse's". PART 2 Amendments of Veterans' Entitlements Act 1986 After subsection 13 (8a): Insert: "(8b) If: (a) a male dependant of a deceased veteran (not being a child of the veteran) has re-married or married after the death of the veteran; and (b) the re-marriage or marriage occurred before 22 January 1991; SCHEDULE 1—continued the Commonwealth is not liable to pay a pension to that dependant under this section.". Subsection 13 (9): After "widow" (wherever occurring) insert "or widower". Subsection 13 (11): After "(8a)," insert "(8b),". Subsection 30 (1): After "widow" insert "or widower". Subsection 30 (4): After "'widow'" insert ", 'widower'". After subsection 70 (11): Insert: "(11a) If: (a) a male dependant of a deceased member of the Forces or of a deceased member of a Peacekeeping Force (not being a child of the member) has re-married or married after the death of the member; and (b) the re-marriage or marriage occurred before 22 January 1991; the Commonwealth is not liable to pay a pension to that dependant under this section.". Subsection 70 (12): After "widow" (wherever occurring) insert "or widower". __________ SCHEDULE 2 Section 4 AMENDMENT OF ACTS (COMMENCING ON 1 JULY 1991) PART 1 Social Security Act 1991 Section 3 (Index of definitions): Insert the following terms in their respective appropriate alphabetical positions (determined on a letter-by-letter basis): "armed services widower 4 (1) widower 23 (1)". Subsection 4 (1): Insert: " 'armed services widower' means a man who was the partner of: (a) a person who was a veteran for the purposes of any provisions of the Veterans' Entitlements Act; or (b) a person who was a member of the Forces for the purposes of Part IV of that Act; or (c) a person who was a member of a Peacekeeping Force for the purposes of Part IV of that Act; immediately before the death of the person;". Subsection 23 (1) (paragraph (c) of the definition of "service pension"): Omit "wife", substitute "partner". Subsection 23 (1): Insert: " 'widower' means a man who was the partner of a woman immediately before she died;". Subparagraph 249 (2) (b) (ii): Omit "wife", substitute "partner". After subsection 258 (3): Add: "(4) A sole parent pension is not payable to a man if: (a) the man is an armed services widower; and (b) the man is receiving a pension under Part II or IV of the Veterans' Entitlements Act at a rate determined under or by reference to subsection 30 (1) of that Act. Note: for 'armed services widower' see subsection 4 (1).". SCHEDULE 2—continued Subparagraph 262 (2) (b) (ii): Omit "wife", substitute "partner". Sub-subparagraph 315 (1) (d) (iv) (a): Omit "wife's", substitute "partner". After subsection 321 (3): Add: "(4) A widowed person allowance is not payable to a man if: (a) the man is an armed services widower; and (b) the man is receiving a pension under Part II or IV of the Veterans' Entitlements Act at a rate determined under or by reference to subsection 30 (1) ofthat Act. Note: for 'armed services widower' see subsection 4 (1).". Subparagraph 362 (2) (b) (ii): Omit "wife", substitute "partner". Subparagraph 372 (2) (b) (ii): Omit "wife", substitute "partner". After paragraph 533 (1) (b): Add: "(ba) the person is a widower who is receiving a pension under Part II or IV of the Veterans' Entitlements Act at a rate determined under or by reference to subsection 30 (1) of that Act; or". Section 533 (Note 2): After "(b)" insert "or a widower receiving a payment under the VEA who is not covered by paragraph (ba)". After subsection 614 (3): Insert: "(3a) A newstart allowance is not payable to a man if: (a) the man is an armed services widower; and (b) the man is receiving a pension under Part II or IV of the Veterans' Entitlements Act at a rate determined under or by reference to subsection 30 (1) of that Act.". After subsection 675 (3): Insert: "(3a) Sickness benefit is not payable to a man if: (a) the man is an armed services widower; and SCHEDULE 2—continued (b) the man is receiving a pension under Part II or IV of the Veterans' Entitlements Act at a rate determined under or by reference to subsection 30 (1) of that Act. Note: for 'armed services widower' see subsection 4 (1).". After subsection 735 (3): Add: "(4) Special benefit is not payable to a man if: (a) the man is an armed services widower; and (b) the man is receiving a pension under Part II or IV of the Veterans' Entitlements Act at a rate determined under or by reference to subsection 30 (1) of that Act. Note: for 'armed services widower' see subsection 4 (1).". After subsection 787 (3): Add: "(4) A special needs pension is not payable to a man if: (a) the man is an armed services widower; and (b) the man is receiving a pension under Part II or IV of the Veterans' Entitlements Act at a rate determined under or by reference to subsection 30 (1) of that Act. Note: for 'armed services widower' see subsection 4 (1).". Section 1067 (Benefit Rate Calculator A—point 1067-K4— subparagraph (b) (iv)): (a) After "Widows" insert ", Widowers". (b) Omit "Wives", substitute "Spouses". Section 1068 (Benefit Rate Calculator B—point 1068-J4— subparagraph (b) (iv)): (a) After "Widows" insert ", Widowers". (b) Omit "Wives", substitute "Spouses". PART 2 Veterans' Entitlements Act 1986 Section 5 (Index of definitions): (a) Omit: "non-illness separated wife 5e (1)", substitute: "non-illness separated spouse 5e (1)". (b) After: SCHEDULE 2—continued "war widow 5e (1)", insert: "war widower 5e (1)". Subsection 5e (1) (definition of "non-illness separated wife"): Omit the definition. Subsection 5e (1): Insert: " 'non-illness separated spouse' means a person: (a) who is legally married to a veteran but is living separately and apart from the veteran on a permanent basis; and (b) whose separation has not resulted in a direction under subsection 5r (3); and (c) who is not receiving age or invalidity service pension; 'war widower' means a man: (a) who was the partner of, or was legally married to: (i) a veteran; or (ii) a person who was a member of the Forces for the purposes of Part II; or (iii) a person who was a member of the Forces for the purposes of Part IV; immediately before the death of the veteran or person; and (b) who is receiving: (i) a pension payable under Part II or IV at a rate determined under or by reference to subsection 30 (1); or (ii) a pension that: (a) is payable under the law of a foreign country; and (b) is, in the opinion of the Commission, similar in character to a pension referred to in subparagraph (i);". Subsection 5g (4): (a) Omit "non-illness separated wife", substitute "non-illness separated spouse". (b) Omit "wife", substitute "non-illness separated spouse". Subparagraphs 5l (7) (c) (ii), (d) (ii) and (e) (ii): Omit "wife", substitute "spouse". SCHEDULE 2—continued Subsection 5m (6) (paragraph (c) of the definition of "couple's assets deeming provisions"): Omit "Widow or Non-illness Separated Wife Service Pension Rate Calculator", substitute "Service Pension Rate Calculator for Widows, Widowers and Non-illness Separated Spouses". Subsection 5q (1) (paragraph (c) of the definition of "service pension"): Omit "wife", substitute "partner". Subsection 11 (1): Omit the subsection, substitute: "(1) In this Act, unless the contrary intention appears: 'dependant', in relation to a veteran (including a veteran who has died), means: (a) the partner; or (b) a non-illness separated spouse; or (c) a widow or widower; or (d) a child; of the veteran. Note: a veteran may have more than one dependant of the kind referred to in paragraphs (a) to (d) at the same time.". Paragraph 35 (1) (b): Omit "wife", substitute "partner". Subparagraph 36h (2) (a) (ii): Omit "wife", substitute "partner". Paragraph 36n (2) (c): Omit "'Frozen Rate' Widow Service Pension Rate Calculator", substitute "Service Pension Rate Calculator for 'Frozen Rate' Widows and Widowers". After paragraph 36n (2) (c): Add: "; or (d) if the veteran is a war widower who is receiving a pension under Part II or IV at a rate determined under or by reference to subsection 30 (1)—the Service Pension Rate Calculator for 'Frozen Rate' Widows and Widowers at the end of section 45.". Subparagraph 37h (2) (a) (ii): Omit "wife", substitute "partner". SCHEDULE 2—continued Paragraph 37n (2) (c): Omit "'Frozen Rate' Widow Service Pension Rate Calculator", substitute "Service Pension Rate Calculator for 'Frozen Rate' Widows and Widowers". After paragraph 37n (2) (c): Add: "; or (d) if the veteran is a war widower who is receiving a pension under Part II or IV at a rate determined under or by reference to subsection 30 (1)—the Service Pension Rate Calculator for 'Frozen Rate' Widows and Widowers at the end of section 45.". Division 5 of Part III (headings): Omit "Wife", substitute "Partner". Subdivision A of Division 5 of Part III (heading): Omit "wife", substitute "partner". Subsection 38 (1): Omit the subsection, substitute: "(1) Subject to subsection (4), a person is eligible for a partner service pension if the person: (a) is a person: (i) who is a member of a couple; and (ii) whose partner is a veteran who is receiving an age service pension or invalidity service pension; or (b) is a person; (i) who is the non-illness separated spouse of a veteran; and (ii) whose non-illness separated spouse is receiving an age service pension or invalidity service pension; or (c) is a person: (i) who is the widow or widower of a veteran; and (ii) who was receiving a partner service pension immediately before the veteran's death; or (d) is a person: (i) who is the widow or widower of a veteran; and (ii) who had, before the veteran's death, made a claim for a partner service pension which had not been determined at the date of the death; and (iii) whose partner or spouse: (a) was, immediately before his or her death, receiving SCHEDULE 2—continued an age service pension or invalidity service pension; or (b) had, before his or her death, made a claim for an age service pension or invalidity service pension which had not been determined at the date of the death but which the Commission determines would have been granted if the veteran had not died.". Paragraph 38 (3) (a): Omit "woman is eligible for wife", substitute "person is eligible for partner". Subsection 38 (3): (a) Omit "woman becomes legally married to a man", substitute "person becomes legally married to a person". (b) Omit "her", substitute "the person's". Subsection 38 (4): (a) Omit "woman" (wherever occurring), substitute "person". (b) Omit "wife" (wherever occurring), substitute "partner". (c) Omit "she" (wherever occurring), substitute "the person". Paragraph 38 (4) (d): Omit "age", substitute "partner". Subsection 38a (1): (a) Omit "woman", substitute "person". (b) Omit "wife", substitute "partner". (c) Omit "her", substitute "the person". (d) Omit "she" (wherever occurring), substitute "the person". Subsection 38a (2): (a) Omit "wife" (wherever occurring), substitute "partner". (b) Omit "woman", substitute "person". (c) Omit "her", substitute "his or her". Section 38a (Note): Omit "woman", substitute "person". Subsection 38b (1): (a) Omit "wife" (wherever occurring), substitute "partner". (b) Omit "woman", substitute "person". (c) Omit "she" substitute "the person". SCHEDULE 2—continued Subsection 38b (2): (a) Omit "woman" (wherever occurring), substitute "person". (b) Omit "wife" (wherever occurring), substitute "partner". (c) Omit "she" (wherever occurring), substitute "the person". Subsection 38c (1): (a) Omit "wife", substitute "partner". (b) Omit "woman", substitute "person". (c) Omit "she" substitute "the person". Subsection 38c (2): (a) Omit "wife", substitute "partner". (b) After "widow" insert "or a war widower". Section 38c (Note): After "'war widow'" insert "and 'war widower'". Subdivision B of Division 5 of Part III (heading): Omit "wife", substitute "partner". Section 38d: (a) Omit "woman", substitute "person". (b) Omit "wife", substitute "partner". Subsection 38e (1): (a) Omit "woman" (wherever occurring), substitute "person". (b) Omit "wife" (wherever occurring), substitute "partner". (c) Omit "the woman's", substitute "his or her". Subsection 38e (2): (a) Omit "woman", substitute "person". (b) Omit "her", substitute "his or her". Subsection 38g (2): Omit "wife", substitute "partner". Subsection 38h (1): Omit "woman", substitute "person". Subsection 38h (2): (a) Omit "woman's", substitute "person's". (b) Omit "woman" (wherever occurring), substitute "person". (c) Omit "wife service pension", substitute "partner service pension". SCHEDULE 2—continued Subsection 38h (2) (Note): (a) Omit "woman", substitute "person". (b) Omit "her", substitute "the person's". (c) Omit "wife", substitute "partner". Subsections 38j (1) and (3): Omit "wife" substitute "partner". Subsection 38k (1): (a) Omit "woman", substitute "person". (b) Omit "wife", substitute "partner". Subdivision E of Division 5 of Part III (heading): Omit "wife", substitute "partner". Subsections 38n (1), (2) and (3): Omit "woman's wife", substitute "person's partner". Subsection 38n (2): Omit "woman", substitute "person". Subsection 38n (3): (a) Omit "Widows and Non-illness Separated Wives", substitute "Widows, Widowers and Non-illness Separated Spouses". (b) Omit "woman is a widow", substitute "person is a widow or widower". (c) Omit "woman is a non-illness separated wife", substitute "person is a non-illness separated spouse". Paragraph 38p (1) (a): Omit "wife", substitute "partner". Subsection 38p (1) (Note 3): Omit the Note, substitute: "Note 3: a person can continue receiving a partner service pension after the death of his or her veteran husband or wife (see section 38); the person can continue to receive the pension even though he or she has entered into a de facto relationship (the person's entitlement only ceases on re-marriage); so the situation of a partner service pensioner with a social security recipient partner is possible and sub-subparagraphs (d) (ii) (a) to (g) are necessary.". S