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28. Where a veteran is aged under 65 at the time of lodging the claim, there are three primary tests to be satisfied before a determination granting a Special Rate pension or Intermediate Rate pension can be made. The specific requirements of all three primary tests must be satisfied at the same time during the assessment period.

29. The primary tests for Special Rate are set out in ss 24(1)(a), (b) and (c) and 23(1)(a), (b) and (c) for Intermediate Rate. The last test for Special Rate in 24(1)(c) comprises three separate parts, as does the last test for Intermediate Rate at 23(1)(c), all of which must be met discretely, yet concurrently as well.

30. In addition, s 24(1)(d) requires that s 25 of the Act (temporary payment of the Special Rate due to temporary incapacity) does not apply to the veteran at the time eligibility for Special Rate is being determined i.e. the veteran's incapacity must be permanent. Similarly, s 23(1)(d) requires that ss 24 or 25 do not apply at the time eligibility for the Intermediate Rate pension is being determined.