EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 220

Issued by the Authority of the Attorney-General

Subject - Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008

 

Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Law Reform)(Veterans’ Affairs) Regulations 2009

 

Item 86 of Schedule 2 to the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008 (the Same-Sex Act) provides that the Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to amendments and repeals made by Schedule 2 of the Same-Sex Act or any other Schedule to that Act.

The Same-Sex Act removed discrimination against same-sex couples and their children in Commonwealth legislation.

Other amendments to Commonwealth legislation made by the Same-Sex Act extended the classes of people who could be taken to be in a family relationship beyond those previously recognised. For example:

·        two persons in a relationship (either same-sex or opposite-sex) registered under certain State or Territory laws are now automatically taken to be partnered; and

·        where the biological parents of a young person have separated and one of the parents is in a relationship with a third person the young person is now taken to be the child of the third person.

 

The Regulations entitle certain dependants of Defence Force members or veterans to certain benefits where the member or veteran died prior to the commencement of relevant provisions of the Same-Sex Act on 1 July 2009.

Schedule 15 to the Same-Sex Act amended, among other statutes, the Military Rehabilitation and Compensation Act 2004 (MRCA) and the Veterans’ Entitlements Act 1986 (VEA). Under the MRCA the person primarily entitled to benefits is a member and under the VEA, a veteran.

 

The amendments made by the Same-Sex Act do not cover certain relationships people may have had with a member or veteran where the member or veteran died before

1 July 2009 (date of commencement of Schedule 15 to the Same-Sex Act). The Same-Sex Act only covers certain relationships people may have had with a member or veteran where the member or veteran dies on or after 1 July 2009.

 

Generally speaking, the Government considers that where a death occurred prior to

1 July 2009, dependants of the deceased should be entitled to benefits after that date, as otherwise the discrimination or unfairness previously shown against them would continue. However, the Government also acknowledges that certain benefits should not be extended to this group.

 

The Regulations apply the Same-Sex Act to a person who was not a dependant of a member or veteran at the time of the member’s or veteran’s pre-1 July 2009 death but who, if the Same-Sex Act had been in force at the time the member or veteran had died, would have been covered by that Act. The person would then be entitled to certain benefits under the MRCA or VEA to the extent permitted by the Regulations. The Regulations also make it clear that certain benefits under the MRCA would not be payable to the person. For example, under section 251 of the MRCA, lump sum compensation for an eligible young person in respect of a member’s death would not be payable to the person.

Details of the Regulations are set out in the Attachment.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003 and are registered on the Federal Register of Legislative Instruments.

The Regulations are taken to have commenced on 1 July 2009 (before registration). Under the Legislative Instruments Act 2003, a legislative instrument that takes effect before it is registered and which negatively affects a person (other than the Commonwealth) is of no effect.

However, the Regulations would not affect any person (other than the Commonwealth) so as to disadvantage them or impose any liability on them. The Regulations would either give an entitlement where none previously existed, and in some cases limit the extent of that entitlement, or make it clear that the Regulations are not conferring an entitlement where none previously existed.

 

No consultation with interested parties was undertaken in respect of the Regulations. The Rule-Maker was satisfied that consultation was unnecessary because overall the Regulations were beneficial and interested parties could be expected to agree to them.

 

0907520B-090805Z

 

ATTACHMENT

 

Details of the Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Law Reform)(Veterans’ Affairs) Regulations 2009

 

Regulation 1 states the name of the Regulations namely the

Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Law Reform) (Veterans' Affairs) Regulations 2009

 

Regulation 2 provides that the Regulations are taken to have commenced on

1 July 2009.

Regulation 3 defines certain terms for the purposes of the Regulations.

Applying the Same-Sex Act (MRCA amendments) to certain situations

Regulation 4 for the purposes of sections 233 and 234 of the MRCA (compensation for member’s death for wholly dependent partners), applies the Same-Sex Act (MRCA amendments) to a person (the person) who was not the wholly dependent partner (as defined by the MRCA) of a member at the time of the member’s

pre-1 July 2009 death but who would have been the wholly dependent partner of the member if the Same-Sex Act (MRCA amendments) had been in force at that time.

The effect of this is that under sections 233 and 234 of the MRCA the person is taken to have been the wholly dependent partner of a deceased member and entitled to some of the compensation payable to a wholly dependent partner of a deceased member, measured from 1 July 2009.

Conditions would need to be satisfied, namely:

·        member died before 1 July 2009.

·        at the time of the member’s death the person was not recognised under the MRCA as the wholly dependent partner of the member.

·        at the time of the member’s death the person would have been recognised under MRCA as the wholly dependent partner of the member if the Same-Sex Act (MRCA amendments) had been in force at the time of the member’s death.

If the conditions are satisfied then for sections 233 and 234 of the MRCA, the person is taken to have been the wholly dependent partner of the deceased member and the date of the member’s death is taken to be 1 July 2009 with benefits payable on and from that date.

Regulation 5 for the purposes of section 239 of the MRCA (compensation for cost of financial advice for wholly dependent partner), applies the Same-Sex Act (MRCA amendments) to a person who was not the wholly dependent partner of a member at the time of the member’s pre-1 July 2009 death but who would have been the wholly dependent partner of the member if the Same-Sex Act (MRCA amendments) had been in force at that time.

The effect of this is that under section 239 of the MRCA the person is taken to have been the wholly dependent partner of a deceased member and entitled to compensation for the cost of financial advice obtained by the person on or after 1 July 2009.

Conditions would need to be satisfied, namely:

·        member died before 1 July 2009.

·        at the time of the member’s death the person was not recognised under the MRCA as the wholly dependent partner of the member.

·        at the time of the member’s death the person would have been recognised under MRCA as the wholly dependent partner of the member if the Same-Sex Act (MRCA amendments) had been in force at the time of the member’s death.

If the conditions are satisfied then for section 239 of the MRCA the person is taken to have been the wholly dependent partner of the deceased member and entitled to compensation for the cost of financial advice obtained on or after 1 July 2009.

Regulation 6 clarifies that although the Same-Sex Act (MRCA amendments) applies, in respect of certain benefits, to a person:

·        who was not the wholly dependent partner of a member at the time of the member’s pre-1 July 2009 death but who would have been the wholly dependent partner of the member if the Same-Sex Act (MRCA amendments) had been in force at that time;

the Commonwealth is not liable to pay compensation to the person under section 242 of the MRCA (compensation for wholly dependent partner of (formerly incapacitated) deceased member).

This regulation applies where:

·        member died before 1 July 2009.

·        at the time of the member’s death the person was not recognised under the MRCA as the wholly dependent partner of the member.

·        at the time of the member’s death the person would have been recognised under MRCA as the wholly dependent partner of the member if the Same-Sex Act (MRCA amendments) had been in force at the time of the member’s death.

In these circumstances, for section 242 of the MRCA the Commonwealth is not liable to pay compensation to the person.

Regulation 7 for the purposes of section 245 of the MRCA (telephone allowance), applies the Same-Sex Act (MRCA amendments) to a person who was not the wholly dependent partner of a member at the time of the member’s pre-1 July 2009 death but who would have been the wholly dependent partner of the member if the Same-Sex Act (MRCA amendments) had been in force at that time.

The effect of this is that under section 245 of the MRCA the person is taken to have been the wholly dependent partner of a deceased member and entitled (on and after 1 July 2009) to the telephone allowance payable to a wholly dependent partner of a deceased member.

Conditions need to be satisfied, namely:

·        member died before 1 July 2009.

·        at the time of the member’s death the person was not recognised under the MRCA as the wholly dependent partner of the member.

·        at the time of the member’s death the person would have been recognised under MRCA as the wholly dependent partner of the member if the Same-Sex Act (MRCA amendments) had been in force at the time of the member’s death.

If the conditions are satisfied then for section 245 of the MRCA the person is taken to have been the wholly dependent partner of the deceased member and to be entitled, on and after 1 July 2009, to the telephone allowance.

Regulation 8 clarifies that although the Same-Sex Act (MRCA amendments) applies, in respect of certain benefits, to a person:

·        who was not the dependant of a member at the time of the member’s pre-1 July 2009 death;

·        who is an eligible young person (under 16 or 16-25 and receiving education); and

·        who would have been the dependant of the member if the Same-Sex Act (MRCA amendments) had been in force at the time of the member’s death;

the Commonwealth is not liable to pay compensation to the person under section 251 of the MRCA (lump sum for certain eligible young persons on member’s death).

This regulation applies where:

·        member died before 1 July 2009.

·        person is an eligible young person.

·        before 1 July 2009 the person was not a dependant of the member.

·        the person would have been recognised under MRCA as a dependant of the member if the Same-Sex Act (MRCA amendments) had been in force at the time of the member’s death.

In these circumstances, for section 251 of the MRCA the Commonwealth is not liable to pay compensation to the person.

Regulation 9 for the purposes of subsection 253(1) of the MRCA (weekly compensation for certain eligible young persons), applies the Same-Sex Act (MRCA amendments) to a person:

·        who is an eligible young person (under 16 or 16-25 and receiving education);

·        who was not the dependant of a member at that time of the member’s pre-1 July 2009 death;

·        who was wholly or mainly dependent on the member immediately before the member’s death; and

·        who would have been the dependant of the member if the Same-Sex Act (MRCA amendments) had been in force at the time of the member’s death.

The effect of this is that subsection 253(1) of the MRCA applies to the person and compensation is payable to the person for a week, or part of a week, occurring after 30 June 2009 as if the member had died on 1 July 2009.

Conditions need to be satisfied, namely:

·        member died before 1 July 2009.

·        person is an eligible young person.

·        before 1 July 2009 the person was not a dependant of the member.

·        immediately before the member’s death the person was wholly or mainly dependent on the member.

·        at the time of the member’s death the person would have been recognised under MRCA as the dependant of the member, wholly or mainly dependent on the member, if the Same-Sex Act (MRCA amendments) had been in force at the time of the member’s death.

If the conditions are satisfied then for subsection 253(1) of the MRCA, compensation is payable to the person for a week, or part of a week, occurring after 30 June 2009 as if the member had died on 1 July 2009.

Regulation 10 clarifies that although the Same-Sex Act (MRCA amendments) applies, in respect of certain benefits, to a person:

·        who is an eligible young person (under 16 or 16-25 and receiving education);

·        who was not the dependant of a member at that time of the member’s pre-1 July 2009 death;

·        who was wholly or mainly dependent on the member immediately before the member’s death; and

·        who would have been the dependant of the member if the Same-Sex Act (MRCA amendments) had been in force at the time of the member’s death;

the Commonwealth is not liable to pay compensation to the person under s.255 of the MRCA (continuing permanent impairment and incapacity etc.compensation for certain eligible young persons).

 

This regulation applies where:

·        member died before 1 July 2009.

·        person is an eligible young person.

·        before 1 July 2009 the person was not a dependant of the member.

·        immediately before the member’s death the person was wholly or mainly dependent on the member.

·        at the time of the member’s death the person would have been recognised under MRCA as the dependant of the member, wholly or mainly dependent on the member, if the Same-Sex Act (MRCA amendments) had been in force at the time of the member’s death.

If the conditions are satisfied then for section 255 of the MRCA the Commonwealth is not liable to pay compensation to the person.

Regulation 11 for the purposes of subsection 258(1) of the MRCA (Education scheme for certain eligible young persons), applies the Same-Sex Act (MRCA amendments) to a person:

·        who is an eligible young person (under 16 or 16-25 and receiving education);

·        who was not the dependant of a member at that time of the member’s pre-1 July 2009 death; and

·        who would have been the dependant of the member if the Same-Sex Act (MRCA amendments) had been in force at the time of the member’s death.

The effect of this is that under subsection 258(1) of the MRCA:

·        the Military Rehabilitation and Compensation Commission (MRCC) may determine an education and training scheme (MRCAETS) for such a person. Where this is the case, the power of the MRCC to determine a MRCAETS is taken to have been exercised in respect of the MRCAETS in force when the attached regulations would commence.

·        benefits under the MRCAETS are payable only on or after 1 July 2009 and not before.

Conditions need to be satisfied, namely:

·        member died before 1 July 2009.

·        person is an eligible young person.

·        immediately before the member’s death the person was not a dependant of the member.

·        at the time of the member’s death the person would have been recognised under MRCA as the dependant of the member if the Same-Sex Act (MRCA amendments) had been in force at the time of the member’s death.

If the conditions are satisfied then for subsection 258(1) of the MRCA the MRCC is taken to have the power to determine a MRCAETS in respect of the person and that power is taken to have been exercised for the MRCAETS in force at the time the attached regulations would commence but with benefits under the MRCAETS being payable only on or after 1 July 2009 and not before.

Regulation 12 clarifies that although the Same-Sex Act (MRCA amendments) applies, in respect of certain benefits, to a person:

·        who was not the dependant of a member immediately before the member’s pre-1 July 2009 death; and

·        who would have been a dependant of the member if that Act had been in force at that time but who would not, under that Act, have been the wholly dependent partner of the member or an eligible young person (under 16 or 16-25 and receiving education) who was a dependant of the member;

the Commonwealth is not liable to pay compensation to the person under section 262 of the MRCA (compensation for dependants other than wholly dependent partners and eligible young persons).

This regulation applies where:

·        member died before 1 July 2009.

·        immediately before the member’s death the person was not recognised under the MRCA as a dependant of the member.

·        at the time of the member’s death, if the Same-Sex Act (MRCA amendments) had been in force, the person would have been recognised under MRCA as a dependant of the member but not as the wholly dependent partner of the member or as an eligible young person who was a dependant of the member.

In these circumstances for section 262 of the MRCA the Commonwealth is not liable to pay compensation to the person.

Regulation 13 clarifies that although the Same-Sex Act (MRCA amendments) applies to a person who:

·        was not a dependant of a member immediately before the member’s pre-1 July 2009 death but who would have been the dependant of the member if the Same-Sex Act (MRCA amendments) had been in force at that time;

the Commonwealth is not liable to pay compensation to the person for the cost of the deceased member’s funeral under section 266 of the MRCA.

This regulation applies where:

·        member died before 1 July 2009.

·        immediately before the member’s death the person was not recognised under the MRCA as a dependant of the member.

·        at the time of the member’s death the person would have been recognised under MRCA as a dependant of the member if the Same-Sex Act (MRCA amendments) had been in force at the time of the member’s death.

In these circumstances, for section 266 of the MRCA the Commonwealth is not liable to pay compensation to the person for the cost of the deceased member’s funeral.

Regulation 14 for the purposes of subsection 284(1) of the MRCA (treatment for certain wholly dependent partners), applies the Same-Sex Act (MRCA amendments) to a person who was not the wholly dependent partner of a member at the time of the member’s

pre-1 July 2009 death but who would have been the wholly dependent partner of the member if the Same-Sex Act (MRCA amendments) had been in force at that time.

 

The effect of this is that under subsection 284(1) of the MRCA the person is taken to be entitled to treatment under Part 3 of Chapter 6 of the MRCA for any injury or disease of the person and the date of the member’s death taken to be 1 July 2009.

Conditions need to be satisfied, namely:

·        member died before 1 July 2009.

·        at the time of the member’s death the person was not recognised under the MRCA as the wholly dependent partner of the member.

·        at the time of the member’s death the person would have been recognised under MRCA as the wholly dependent partner of the member if the Same-Sex Act (MRCA amendments) had been in force at the time of the member’s death.

If the conditions are satisfied then for subsection 284(1) of the MRCA the person is taken to be entitled to treatment under Part 3 of Chapter 6 of the MRCA for any injury or disease of the person and the date of the member’s death taken to be 1 July 2009 with the result that the person is only entitled to treatment on and after

1 July 2009.

Regulation 15 for the purposes of subsection 284(2) of the MRCA (treatment for certain eligible young persons), applies the Same-Sex Act (MRCA amendments) to a person who is an eligible young person (under 16 or 16-25 and receiving education), who was not a dependant of a member at the time of the member’s pre-1 July 2009 death but who was wholly or mainly dependent on a member, and who would have been the dependant of the member if the Same-Sex Act (MRCA amendments) had been in force at that time.

The effect of this is that under subsection 284(2) of the MRCA the person is taken to be entitled to treatment under

Part 3 of Chapter 6 of the MRCA for any injury or disease of the person and the date of the member’s death taken to be 1 July 2009.

Conditions need to be satisfied, namely:

·        member died before 1 July 2009.

·        person is an eligible young person.

·        immediately before the member’s death the person was not recognised under the MRCA as a dependant of the member.

·        immediately before the member’s death the person was wholly or mainly dependent on the member.

·        at the time of the member’s death the person would have been recognised under MRCA as a dependant of the member if the Same-Sex Act (MRCA amendments) had been in force at the time of the member’s death.

If the conditions are satisfied then for subsection 284(2) of the MRCA the person is taken to be entitled to treatment under

Part 3 of Chapter 6 of the MRCA for any injury or disease of the person and the date of the member’s death taken to be 1 July 2009 with the result that the person is only entitled to treatment on and after 1 July 2009.

Regulation 16 provides that if, under regulations 14 or 15, a person would be entitled to treatment, then for s.300 of the MRCA (pharmaceutical allowance) the person is taken to be entitled to treatment under Part 3 of Chapter 6 of the MRCA. This means that the person is entitled to a pharmaceutical allowance

Applying the Same-Sex Act (VEA amendments) to certain situations

Regulation 17 for the purposes of section 13A of the VEA (dependants of certain classes of deceased veteran eligible for pension), applies the Same-Sex Act (VEA amendments) to a person who was not a dependant of a veteran immediately before the veteran’s pre-1 July 2009 death but who would have been a dependant of the veteran if the Same-Sex Act (VEA amendments) had been in force at the time of the veteran’s death.

 

The effect of this is that, on or after 1 July 2009, section 13A of the VEA applies to the person as if the person is a dependant of the veteran.

Conditions need to be satisfied, namely:

·        veteran died before 1 July 2009.

·        immediately before the veteran’s death the person was not recognised under the VEA as a dependant of the veteran.

·        at the time of the veteran’s death the person would have been recognised under the VEA as a dependant of the veteran if the Same-Sex Act (VEA amendments) had been in force at the time of the veteran’s death.

If the conditions are satisfied then on or after 1 July 2009 section 13A of the VEA applies to the person as if the person is a dependant of the veteran.

 

Regulation 18 for the purposes of subsection 20(2A) or (2B) of the VEA (claim for pension lodged less than 6 months after veteran’s death), applies the Same-Sex Act (VEA amendments) to a person:

·        who was not a dependant of a veteran immediately before the veteran’s pre-1 July 2009 death but who would have been a dependant of the veteran if the Same-Sex Act (VEA amendments) had been in force at the time of the veteran’s death, and in respect of whom subsection 20(2A) or (2B) of the VEA applies,

so that the veteran’s death is taken to be 1 July 2009.

In short, under subsection 20(2A) or (2B) a dependant’s pension could be backdated to a date within 6 months after 1 July 2009 if the claim for pension is lodged within 6 months after 1 July 2009.

Conditions need to be satisfied, namely:

·        veteran died before 1 July 2009.

·        immediately before the veteran’s death the person was not recognised under the VEA as a dependant of the veteran.

·        at the time of the veteran’s death the person would have been recognised under the VEA as a dependant of the veteran if the Same-Sex Act (VEA amendments) had been in force at the time of the veteran’s death.

·        subsection 20(2A) or (2B) applies to the person.

If the conditions are satisfied then for paragraph 20(2A)(b) or (2B)(b) of the VEA, the date of the veteran’s death is taken to be

1 July 2009 and if a claim for pension is lodged within 6 months after this date the pension may be payable (depending on the Repatriation Commission’s discretion) on and from a date within

6 months after 1 July 2009.

Regulation 19 for the purposes of section 20 of the VEA (date of effect for pension), applies the Same-Sex Act (VEA amendments) to a person:

·        who was not a dependant of a veteran immediately before the veteran’s pre-1 July 2009 death but who would have been a dependant of the veteran if the Same-Sex Act (VEA amendments) had been in force at the time of the veteran’s death, and who claims a pension under section 14 of the VEA;

to provide that a determination of the claim under subsection 19(3) of the VEA must not take effect before 1 July 2009.

Conditions need to be satisfied, namely:

·        veteran died before 1 July 2009.

·        immediately before the veteran’s death the person was not recognised under the VEA as a dependant of the veteran.

·        at the time of the veteran’s death the person would have been recognised under the VEA as a dependant of the veteran if the Same-Sex Act (VEA amendments) had been in force at the time of the veteran’s death.

·        the person makes a claim for a pension under section 14 of the VEA.

If the conditions are satisfied then a determination of the claim for pension under subsection 19(3) of the VEA must not take effect before 1 July 2009.

Regulation 20 for the purposes of Part III of the VEA (Service Pensions), applies the Same-Sex Act (VEA amendments) to a person who was not the partner of a veteran immediately before the veteran’s

pre-1 July 2009 death but who would have been the widow or widower of the veteran for section 38 of the VEA (eligibility for partner service pension) if the Same-Sex Act (VEA amendments) had been in force at the time of the veteran’s death.

 

The effect of this is that Part III of the VEA applies to the person as if the veteran had died on 1 July 2009.

Conditions need to be satisfied, namely:

·        veteran died before 1 July 2009.

·        immediately before the veteran’s death the person was not recognised under the VEA as the partner of the veteran.

·        at the time of the veteran’s death the person would have been recognised under the VEA as the widow or widower of the veteran if the Same-Sex Act (VEA amendments) had been in force at the time of the veteran’s death.

If the conditions are satisfied then Part III of the VEA would apply to the person as if the veteran had died on 1 July 2009.

Regulation 21 for the purposes of subsection 86(2) of the VEA (eligibility for treatment of dependants of certain classes of deceased veteran), applies the Same-Sex Act (VEA amendments) to a person who was not a dependant of a veteran immediately before the veteran’s

pre-1 July 2009 death but who would have been a dependant of the veteran if the Same-Sex Act (VEA amendments) had been in force at the time of the veteran’s death.

The effect of this is that for subsection 86(2) of the VEA the veteran is taken to have died on 30 June 2009 with the result that on and after 1 July 2009 the person is eligible to be provided with treatment under Part V of the VEA for any injury or disease of the person.

Conditions need to be satisfied, namely:

·        veteran died before 1 July 2009.

·        immediately before the veteran’s death the person was not recognised under the VEA as a dependant of the veteran.

·        at the time of the veteran’s death the person would have been recognised under the VEA as a dependant of the veteran if the Same-Sex Act (VEA amendments) had been in force at the time of the veteran’s death.

If the conditions are satisfied then for the purposes of subsection 86(2) of the VEA the veteran is taken to have died on 30 June 2009 with the result that on and after 1 July 2009 the person is eligible to be provided with treatment under Part V of the VEA for any injury or disease of the person.

Regulation 22 for the purposes of paragraph 86(4)(a) of the VEA (eligibility for treatment of a child of certain classes of deceased veteran), applies the Same-Sex Act (VEA amendments) to a person who was not a child of a veteran immediately before the veteran’s pre-1 July 2009 death but who would have been a child of the veteran if the Same-Sex Act (VEA amendments) had been in force at the time of the veteran’s death.

Accordingly, for paragraph 86(4)(a) of the VEA the veteran is taken to have died on 30 June 2009 with the result that on and after 1 July 2009 the person is eligible to be provided with treatment under Part V of the VEA for any injury or disease of the person.

Conditions need to be satisfied, namely:

·        veteran died before 1 July 2009.

·        immediately before the veteran’s death the person was not recognised under the VEA as a child of the veteran.

·        at the time of the veteran’s death the person would have been recognised under the VEA as a child of the veteran if the Same-Sex Act (VEA amendments) had been in force at the time of the veteran’s death.

If the conditions are satisfied then for the purposes of paragraph 86(4)(a) of the VEA the veteran is taken to have died on

30 June 2009 so that on and after 1 July 2009 the person is eligible to be provided with treatment under Part V of the VEA for any injury or disease of the person.

Regulation 23 for the purposes of Part VII of the VEA (the Veterans’ Children Education Scheme), applies the Same-Sex Act (VEA amendments) to a person who was not an eligible child of a veteran immediately before the veteran’s pre-1 July 2009 death but who would have been an eligible child of the veteran if the Same-Sex Act (VEA amendments) had been in force at the time of the veteran’s death.

The effect of this is that, on and after 1 July 2009, the person is eligible for education or training benefits under the Scheme made by the Repatriation Commission under Part VII of the VEA i.e. the Veterans’ Children Education Scheme.

Conditions need to be satisfied, namely:

·        veteran died before 1 July 2009.

·        immediately before the veteran’s death the person was not recognised under the VEA as an eligible child of the veteran for the purposes of section 116 of the VEA.

·        at the time of the veteran’s death the person would have been recognised under the VEA as an eligible child of the veteran for the purposes of section 116 of the VEA if the Same-Sex Act (VEA amendments) had been in force at the time of the veteran’s death.

If the conditions are satisfied then on and after 1 July 2009, but not before 1 July 2009, benefits under the Veterans’ Children Education Scheme are payable to the person.

Regulation 24 for the purposes of Part VIIC of the VEA (eligibility for and entitlement to Seniors Health Card), applies the Same-Sex Act (VEA amendments) to a person:

·        who was not the partner of a veteran immediately before the veteran’s pre-1 July 2009 death but who, for subsection 118V(1A) of the VEA would have been a war widow or war widower of the veteran if the Same-Sex Act (VEA amendments) had been in force at the time of the veteran’s death; or

·        who would, for subparagraph 118V(3)(a)(iii) of the VEA, have been the widow or widower of the veteran if the Same-Sex Act (VEA amendments) had been in force at the time of the veteran’s death.

The effect of this is that Part VIIC of the VEA applies to the person as if the veteran had died on 1 July 2009.

Conditions need to be satisfied, namely:

·        veteran died before 1 July 2009; and

·        immediately before the veteran’s death the person was not recognised under the VEA as the partner of the veteran; and

·        at the time of the veteran’s death the person would have been recognised under subsection 118V(1A) of the VEA as a war widow or war widower of the veteran if the Same-Sex Act (VEA amendments) had been in force at the time of the veteran’s death; or

·        would have been recognised under subparagraph 118V(3)(a)(iii) of the VEA as the widow or widower of the veteran if the Same-Sex Act (VEA amendments) had been in force at the time of the veteran’s death.

If the conditions are satisfied then Part VIIC of the VEA applies to the person as if the veteran had died on 1 July 2009 with the result that, on and after 1 July 2009, the person is eligible for a Seniors Health Card.