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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
(As read a third
time)
Veterans’
Affairs Legislation Amendment (1996-97 Budget and Other Measures) Bill
1997
No. ,
1997
A Bill for an Act to amend
the law relating to veterans and the families of veterans, and for related
purposes
9621340—1,030/4.3.1996—(213/96) Cat.
No. 96 7283 4 ISBN 0644 479971
Contents
Part 1—Amendments relating to the transfer of carer service pension
recipients and carer income support supplement
recipients 7valaoh3.html
Part 2—Amendments relating to
appropriations 7valaoh3.html
Part 3—Amendments relating to rent assistance for single persons
sharing accommodation 7valaoh3.html
Veterans’ Entitlements Act
1986 7valaoh3.html
Veterans’ Entitlements (Transitional Provisions and Consequential
Amendments) Act 1986 7valaoh3.html
Veterans’ Affairs Legislation Amendment Act
1992 7valaoh3.html
Veterans’ Entitlements Act
1986 7valaoh3.html
Veterans’ Entitlements (Rewrite) Transition Act
1991 7valaoh3.html
Part 1—Amendment of the Veterans’ Entitlements Act 1986
commencing on 26 June 1997 7valaoh3.html
Part 2—Amendment of the Veterans’ Entitlements Act 1986
commencing on 1 July 1997 7valaoh3.html
Part 1—Amendment of the Veterans’ Affairs Legislation Amendment
Act 1987 7valaoh3.html
Part 2—Amendment of the Veterans’ Affairs (1994-95 Budget
Measures) Legislation Amendment Act (No. 2)
1994 7valaoh3.html
Part 3—Amendment of the Veterans’ Affairs Legislation Amendment
and Repeal Act 1995 7valaoh3.html
Part 4—Amendment of the Veterans’ Affairs (1995-96 Budget
Measures) Legislation Amendment Act
1995 7valaoh3.html
Part 5—Amendment of the Veterans’ Affairs Legislation Amendment
(1995-96 Budget Measures) Act (No. 2)
1995 7valaoh3.html
Part 6—Amendment of the Social Security and Veterans’ Affairs
Legislation Amendment Act 1995 7valaoh3.html
Part 7—Amendment of the Veterans’ Entitlements Act
1986 7valaoh3.html
Part 8—Amendment of the Veterans’ Entitlements Act
1986 7valaoh3.html
This
Bill originated in the House of Representatives; and, having this day passed, is
now ready for presentation to the Senate for its concurrence.
L.M. BARLIN
Clerk of the House
of Representatives
House of Representatives
27
February 1997
A Bill for an Act to amend the law relating to veterans
and the families of veterans, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Veterans’ Affairs Legislation
Amendment (1996-97 Budget and Other Measures) Act 1997.
(1) Subject to subsections (2), (3), (4), (5), (6), (7), (8), (9), (10)
and (11), this Act commences on the day on which it receives the Royal
Assent.
(2) Parts 1 and 3 of Schedule 1 and Schedules 2, 3, 4, 6 and 7, and Part
2 of Schedule 8 commence, or are taken to have commenced, on 1 July
1997.
(3) Schedule 5 commences on 20 September 1997.
(4) Part 1 of Schedule 9 is taken to have commenced on 2 July 1987,
immediately after subsection 49(2) of the Veterans’ Affairs Legislation
Amendment Act 1987.
(5) Part 2 of Schedule 9 is taken to have commenced on 20 March 1995,
immediately after Division 3 of Part 2 of the Veterans’ Affairs
(1994-95 Budget Measures) Legislation Amendment Act (No. 2) 1994.
(6) Part 3 of Schedule 9 is taken to have commenced on 17 October 1995,
immediately after section 1 of the Veterans’ Affairs Legislation
Amendment and Repeal Act 1995.
(7) Part 4 of Schedule 9 is taken to have commenced on 1 October 1995,
immediately after Schedule 4 to the Veterans’ Affairs (1995-96 Budget
Measures) Legislation Amendment Act 1995.
(8) Part 5 of Schedule 9 is taken to have commenced on 20 March 1996,
immediately after Schedule 6 to the Veterans’ Affairs Legislation
Amendment (1995-96 Budget Measures) Act (No. 2) 1995.
(9) Part 6 of Schedule 9 is taken to have commenced on 10 July 1996,
immediately after Schedule 17 to the Social Security and Veterans’
Affairs Legislation Amendment Act 1995.
(10) Part 1 of Schedule 8 commences, or is taken to have commenced, on 26
June 1997.
(11) Part 8 of Schedule 9 commences, or is taken to have commenced, on 26
June 1997, immediately before Part 1 of Schedule 8.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
Part
1—Amendments relating to the transfer of carer service pension recipients
and carer income support supplement recipients
1 Section 5 (index)
Omit:
care receiver 5Q(1)
2 Subsection 5NB(1) (paragraph (c) of the
definition of compensation affected pension)
Repeal the paragraph.
3 Subsection 5Q(1) (definition of care
receiver)
Repeal the definition.
4 Subsection 5Q(1) (paragraph (c) of the
definition of service pension)
Omit “; or”, substitute “.”.
5 Subsection 5Q(1) (paragraph (d) of the
definition of service pension)
Repeal the paragraph.
6 Paragraph 35(1)(b)
Repeal the paragraph, substitute:
(b) Divisions 3, 4 and 5 deal with the 3 kinds of service pension (age,
invalidity and partner service pension respectively); and
7 Subsection 35(2)
Omit “Divisions 3, 4, 5 and 6”, substitute “Divisions 3,
4 and 5”.
8 Division 6 of Part III
Repeal the Division.
9 Paragraph 41(1)(c)
Omit “and”.
10 Paragraph 41(1)(d)
Repeal the paragraph.
Note: The heading to section 41 is replaced by the heading
“Rate of age, invalidity and partner service pension (no dependent
children)”.
11 Subsection 41(2)
Omit “invalidity, partner or carer”, substitute
“invalidity or partner”.
12 Subsection 41(4)
Omit “age, invalidity or carer”, substitute “age or
invalidity”.
13 Paragraph 42(1)(c)
Omit “and”
14 Paragraph 42(1)(d)
Repeal the paragraph.
Note: The heading to section 42 is replaced by the heading
“Rate of age, invalidity and partner service pension (dependent child
or children)”.
15 Subsection 42(3)
Omit “age, invalidity or carer”, substitute “age or
invalidity”.
16 Point 42-C2 (table C-1, column
6)
Repeal the column.
17 Point 42-C2 (table C-1, item
5)
Repeal the item.
18 Point 42-C2 (key)
Omit “Service carer = carer service pension”.
19 Point 43-C2 (table C-1, column
6)
Repeal the column.
20 Point 43-C2 (table C-1, item
5)
Repeal the item.
21 Point 43-C2 (key)
Omit “Service carer = carer service pension”.
22 Subparagraph
45(1)(b)(ii)
Omit “or”.
23 Subparagraph
45(1)(b)(iii)
Repeal the subparagraph.
Note: The heading to section 45 is replaced by the heading
“Rate of age and invalidity service pension (war widow or war
widower)”.
24 Subparagraph
45(2)(b)(ii)
Omit “or”.
25 Subparagraph
45(2)(b)(iii)
Repeal the subparagraph.
26 Section 45AB
Repeal the section.
27 Paragraph 45D(1)(ba)
Repeal the paragraph.
28 Point 45Y-G2 (table G-1, column
8)
Repeal the column.
29 Point 45Y-G2 (table G-1, item
6)
Repeal the item.
30 Point 45Y-G2 (key)
Omit “Service care = carer service pension”.
31 Paragraph 50A(2)(c)
Repeal the paragraph, substitute:
(c) an instalment of partner service pension in respect of the person is
payable to the person’s partner during a pension period;
32 Subparagraph
50A(3)(c)(ii)
Omit “or”.
33 Subparagraph
50A(3)(c)(iii)
Repeal the subparagraph.
34 Subsection 52(1)
Omit “52ZA, 52ZCA, 53AJ and 53AL”, substitute “52ZA and
52ZCA”.
35 Subsection 52A(1)
Omit “52G, 52H, 53AJ and 53AL”, substitute “52G and
52H”.
36 Section 52K
Repeal the section.
37 Paragraph 52Q(3)(e)
Omit “sections 52G and 53AJ”, substitute “section
52G”.
38 Paragraph 52R(3)(e)
Omit “sections 52H and 53AL”, substitute “section
52H”.
39 Paragraph 52S(3)(e)
Omit “sections 52H and 53AL”, substitute “section
52H”.
40 Paragraph 52S(5)(eb)
Omit “sections 52H and 53AL”, substitute “section
52H”.
41 Paragraph 52T(3)(cb)
Omit “sections 52H and 53AL”, substitute “section
52H”.
42 Paragraph 52U(4)(e)
Omit “52G, 52H and 53AL”, substitute “52G and
52H”.
43 Section 52ZAA
Repeal the section.
44 Section 52ZN
Repeal the section.
45 Division 11A of Part
IIIB
Repeal the Division.
46 Section 53J (note 2)
Repeal the note.
47 Subdivision E of Division 12A of Part
IIIB
Repeal the Subdivision.
48 Division 12B of Part
IIIB
Repeal the Division.
49 Division 13A of Part
IIIB
Repeal the Division.
50 Sections 56BB and 56BC
Repeal the sections.
51 Section 56GAA
Repeal the section.
52 Subsection 56H(3)
Omit “subsections (4), (5), (6), (7), (8), (9), (10) and (11)”,
substitute “subsections (4), (5), (6), (7) and (8)”.
53 Subsections 56H(9), (10) and
(11)
Repeal the subsections.
54 Section 56HA
Repeal the section.
55 Subsection 56J(1)
Omit “invalidity service pension, partner service pension or carer
service pension”, substitute “invalidity service pension or partner
service pension”.
56 Subsection 56J(1) (note)
Omit “Similarly, if a person has been receiving carer service pension
because of caring for the veteran, that carer service pension will also be
terminated.”.
57 Section 56K
Omit “, carer service pension”.
58 Section 56K (note 2)
Omit “Similarly, if a person has been receiving carer service pension
because of caring for the veteran, that carer service pension will also be
cancelled or suspended.”.
59 Section 57AA
Repeal the section.
60 Subsection 57A(1A)
Repeal the subsection.
61 Subsection 57A(2)
Omit “or (1A)”.
62 Section 57CA
Repeal the section.
63 Subsection 58K(1) (paragraph (ab) of the
note)
Omit “(4);”, substitute “(4).”.
64 Subsection 58K(1) (paragraph (b) of the
note)
Repeal the note.
65 Section 58KA
Repeal the section.
66 Sections 59GC, 59GD and
59GE
Repeal the sections.
67 Paragraph 59M(1)(e)
Repeal the paragraph.
68 Subsection 59M(6)
Repeal the subsection.
69 Section 59W (example 1)
Omit “carer” (wherever occurring), substitute
“partner”.
70 Paragraph 85(7)(b)
Omit “(other than a carer service pension)”.
71 Subsection 98(4A)
Repeal the subsection.
72 Subparagraph
118AA(a)(ii)
Repeal the subparagraph.
73 Subsection 205(1)
Omit “Subject to subsection (1AA), this”, substitute
“This”.
74 Subsection 205(1AA)
Repeal the subsection.
Part
2—Amendments relating to appropriations
75 Paragraph 199(b)
Repeal the paragraph, substitute:
and (b) medical and other treatment services provided under Part V;
and
Part
3—Amendments relating to rent assistance for single persons sharing
accommodation
76 Section 5 (index)
Insert:
single person sharing accommodation 5MD
77 After section 5MC
Insert:
(1) For the purposes of this Act, a person is to be treated as a single
person sharing accommodation if the Commission determines in writing that the
person is a single person sharing accommodation.
(2) In making a determination under subsection (1) the Commission is to
have regard to:
(a) whether the person shares accommodation with another person or other
persons and as a result incurs living expenses that are, or are likely to be,
less than they would have been if the person were living alone; and
(b) any other circumstances that the Commission considers
relevant.
(3) The Commission is not to make a determination under subsection (1) if
a person:
(a) is a member of a couple; or
(b) has dependent children; or
(c) pays, or is liable to pay, amounts for the person’s board and
lodging; or
(d) is residing in a nursing home or is in residential care.
Note 1: For residing in a nursing home see
subsection 5N(8).
Note 2: For residential care see subsection
5NAA(2).
(4) The Commission is not to make a determination under subsection (1) if
a person:
(a) receives an invalidity service pension under section 37; or
(b) receives income support supplement under subparagraph
45A(1)(b)(iii).
(5) The Commission is not to make a determination under subsection (1)
only because a person shares accommodation with one or more recipient children
of the person.
(6) In this section:
recipient child means a child who receives any of the
following but who does not receive any amount by way of rent
assistance:
(a) a social security payment;
(b) an AUSTUDY allowance;
(c) a payment under the ABSTUDY Schooling scheme or the ABSTUDY Tertiary
scheme;
(d) a payment under the Veterans’ Children Education
Scheme;
(e) a youth training allowance.
78 After paragraph 41-C4(b)
Insert:
(c) whether or not the person is a single person sharing accommodation;
and
79 Point 41-C6
Omit “The rate of rent assistance is whichever is the lesser of rate
A and rate B applicable to the person in accordance with Table C-1.”,
substitute:
The rate of rent assistance is:
(a) if the person is not a single person sharing
accommodation—whichever is the lesser of rate A and rate B applicable to
the person in accordance with Table C-1; or
(b) if the person is a single person sharing accommodation—whichever
is the lesser of rate A applicable to the person in accordance with Table C-1
and two-thirds of rate B applicable to the person in accordance with Table
C-1.
80 Point 41-C6 (after note
2)
Insert:
Note 2A: For single person sharing
accommodation see section 5MD.
81 At the end of point
45X-D5
Add:
; and (c) whether or not the person is a single person sharing
accommodation.
82 Point 45X-D7
Omit “The rate of rent assistance is whichever is the lesser of rate
A and rate B applicable to the person in accordance with Table D-1.”,
substitute:
The rate of rent assistance is:
(a) if the person is not a single person sharing
accommodation—whichever is the lesser of rate A and rate B applicable to
the person in accordance with Table D-1; or
(b) if the person is a single person sharing accommodation—whichever
is the lesser of rate A applicable to the person in accordance with Table D-1
and two-thirds of rate B applicable to the person in accordance with Table
D-1.
83 Point 45X-D7 (after note
2)
Insert:
Note 2A: For single person sharing
accommodation see section 5MD.
Veterans’
Entitlements Act 1986
1 Sections 5F, 5H, 5Q, 36H, 37H, 38H, 45G, 45H
and 98
Omit “carer pension” (wherever occurring), substitute
“carer payment”.
Veterans’
Entitlements (Transitional Provisions and Consequential Amendments) Act
1986
2 Paragraph 10(4)(a)
Omit “carer pension”, substitute “carer
payment”.
Veterans’
Affairs Legislation Amendment Act 1992
1 Paragraph 83(a)
Repeal the paragraph, substitute:
(a) a veteran was eligible for fringe benefits because of subsection 17(1)
or (2) of the Veterans’ Entitlements (Rewrite) Transition Act 1991
as in force immediately before 1 July 1997; and
Note: The heading to section 83 is altered by omitting
“are” and substituting
“were”.
Veterans’
Entitlements Act 1986
2 Section 53A (notes 1 and
2)
Repeal the notes.
3 Subsection 53D(1) (note
4)
Omit “is” (first occurring), substitute
“was”.
4 Subsection 53D(1) (note
4)
After “Veterans’ Entitlements (Rewrite) Transition Act
1991”, insert “as in force immediately before 1 July
1997”.
5 Subsection 118Q(1) (note
2)
Repeal the note.
6 Subsection 118S(2) (note)
Repeal the note.
Veterans’
Entitlements (Rewrite) Transition Act 1991
7 Section 17
Repeal the section.
1 Subsection 57(1)
After “Subject to”, insert “subsections (2) and (3)
and”.
2 At the end of section 57
Add:
(3) If:
(a) an age pension is payable to a person; and
(b) the person receives a veteran’s disability pension or the
person’s partner receives an age pension and a veteran’s disability
pension; and
(c) the Secretary makes a determination for the purposes of this
subsection in relation to the person that specifies pension paydays for the
person; and
(d) the determination referred to in paragraph (c) has not been
revoked;
the instalments referred to in subsection (1) are to be paid to the person
on such pension paydays.
(4) In this section:
veteran’s disability pension has the same meaning for
the purposes of this section as paragraph (a), (b) or (c) of the definition of
disability pension has in section 5Q of the Veterans’
Entitlements Act 1986.
3 After section 59
Insert:
(1) Despite any other provision of this Act, this section applies
if:
(a) the Secretary determines pension paydays under subsection 57(3);
and
(b) the first pension payday specified in the determination (the
first pension payday) is 7 days after the pension payday that
applies under subsection 57(1).
(2) Subject to subsection (4), the rate at which age pension is payable to
the person on the first pension payday in accordance with the determination is
to be worked out using the following formula:
where:
normal age pension instalment means the amount of age pension
the person would have received if the first pension payday were a pension payday
under subsection 57(1).
(3) The rate at which age pension is payable to the person on the first
pension payday after the determination is revoked is to be worked out using the
following formula:
where:
normal age pension instalment means the amount of age pension
the person would have received on the pension payday under subsection 57(1)
apart from this section.
(4) If the Secretary determines pension paydays under subsection 57(3) in
relation to a person before the person receives an instalment of age pension
where:
(a) the age pension has been granted to the person for the first time
under this Act; or
(b) the age pension has been granted to the person under this Act after
the person’s age pension has been cancelled;
subsection (2) does not apply to the person.
4 Subsection 161(1)
After “Subject to”, insert “subsections (2) and (3)
and”.
5 At the end of section 161
Add:
(3) If:
(a) a person receives a wife pension; and
(b) the person’s partner receives:
(i) an age pension; and
(ii) a veteran’s disability pension; and
(c) the Secretary makes a determination for the purposes of this
subsection in relation to the person that specifies pension paydays for the
person; and
(d) the determination referred to in paragraph (c) has not been
revoked;
the instalments referred to in subsection (1) are to be paid to the person
on such pension paydays.
(4) In this section:
veteran’s disability pension has the same meaning for
the purposes of this section as paragraph (a), (b) or (c) of the definition of
disability pension has in section 5Q of the Veterans’
Entitlements Act 1986.
6 After section 163
Insert:
(1) Despite any other provision of this Act, this section applies
if
(a) the Secretary determines pension paydays under subsection 161(3);
and
(b) the first pension payday specified in the determination (the
first pension payday) is 7 days after the pension payday that
applies under subsection 161(1).
(2) The rate at which wife pension is payable to the person on the first
pension payday in accordance with the determination is to be worked out using
the following formula:
where:
normal wife pension instalment means the amount of wife
pension the person would have received if the first pension payday were the next
pension payday under subsection 161(1) apart from this section.
(3) The rate at which wife pension is payable to the person on the first
pension payday after the determination is revoked is to be worked out using the
following formula:
where:
normal wife pension instalment means the amount of wife
pension the person would have received on the pension payday under subsection
161(1) apart from this section.
1 Section 5 (index)
Insert:
prescribed pre-pension age person 5Q(1)
2 Subsection 5H(1) (definition of
income)
After “(5)”, insert “, (7A)”.
3 After subsection 5H(7)
Insert:
Excluded amounts—superannuation investment returns
(7A) Subject to subsection (7B), a return on a person’s investment
in a superannuation fund, an approved deposit fund or a deferred annuity is not
income for the purposes of this Act if the person has not:
(a) reached pension age; or
(b) started to receive a pension or an annuity out of the fund.
Note 1: For pension age see subsection
5Q(1).
Note 2: For superannuation fund,
approved deposit fund and deferred annuity see
subsection 5J(1).
(7B) Subsection (7A) does not exclude a return on a person’s
investment if the person is a prescribed pre-pension age person.
Note: For prescribed pre-pension age person
see subsection 5Q(1).
4 Paragraph 5H(8)(i)
Repeal the paragraph and the notes.
5 Paragraph 5J(1B)(d)
(note)
Omit “before pension age is reached”, substitute “by
persons who are neither prescribed pre-pension age persons nor persons who have
reached pension age”.
6 Paragraph 5J(1B)(e)
(note)
Omit “before pension age is reached”, substitute “by
persons who are neither prescribed pre-pension age persons nor persons who have
reached pension age”.
7 Paragraph 5J(1B)(f)
(note)
Omit “before pension age is reached”, substitute “by
persons who are neither prescribed pre-pension age persons nor persons who have
reached pension age”.
8 Paragraph 5J(1C)(a)
After “investor”, insert “is not a prescribed pre-pension
age person and”.
9 Paragraph 5J(1C)(b)
After “investor”, insert “is not a prescribed pre-pension
age person and”.
10 Paragraph 5J(1C)(c)
After “investor”, insert “is not a prescribed pre-pension
age person and”.
11 Subsection 5J(1C) (note
1)
Repeal the note, substitute:
Note 1: For pension age and prescribed
pre-pension age person see subsection 5Q(1).
12 Subsection 5Q(1)
Insert:
prescribed pre-pension age person means a person who, whether
before, on or after 20 September 1997:
(a) reaches, or has reached, 55; and
(b) has received, since reaching 55, any, or any combination, of the
following for a single continuous period of 39 weeks, or for separate periods
that add up to a period of 39 weeks:
(i) a social security pension;
(ii) a social security benefit;
(iii) a service pension;
(iv) income support supplement.
13 Section 46Q
Repeal the section.
14 Paragraph 46R(a)
Omit “before the person reaches pension age”.
15 After paragraph 46R(a)
Insert:
(aa) when the investment is realised, the person is not a prescribed
pre-pension age person and has not reached pension age; and
16 Section 46R (note)
Repeal the note, substitute:
Note 1: For assessable growth component see
subsection 5J(1).
Note 2: For pension age and prescribed
pre-pension age person see subsection 5Q(1).
17 Paragraph 52(1)(f)
Repeal the paragraph.
18 After section 52
Insert:
(1) Subject to subsections (2) and (3), the value of a person’s
investment in a superannuation fund, an approved deposit fund or a deferred
annuity is to be disregarded in calculating the value of the person’s
assets for the purposes of this Act if the person has not:
(a) reached pension age; or
(b) started to receive a pension or an annuity out of the fund.
(2) Subsection (1) does not apply to the calculation of the value of a
person’s assets for the purposes of sections 52G and 52H.
(3) Subsection (1) does not exclude the value of a person’s
investment if the person is a prescribed pre-pension age person.
Note: For pension age and prescribed
pre-pension age person see subsection 5Q(1).
1 At the end of subsection
5H(8)
Add:
; (zn) an amount worked out under section 115G.
2 Subsection 23(4)
Omit “The”, substitute “Subject to subsection (5),
the”.
3 At the end of section 23
Add:
(5) If section 115D applies to a veteran, the rate at which pension is
payable to the veteran is the amount specified in subsection (4) less the
pension reduction amount worked out under that section.
4 Subsection 24(4)
Omit “The”, substitute “Subject to subsection (5),
the”.
5 At the end of section 24
Add:
(5) If section 115D applies to a veteran, the rate at which pension is
payable to the veteran is the amount specified in subsection (4) less the
pension reduction amount worked out under that section.
6 Section 24A
Omit “Where”, substitute “Subject to subsection (2),
if”.
7 At the end of section 24A
Add:
(2) Paragraphs (b) and (c) do not apply to a veteran if the veteran is
undertaking a rehabilitation scheme under the Veterans’ Vocational
Rehabilitation Scheme or section 115D applies to the veteran.
8 After subsection 37(2)
Insert:
(2A) Paragraph (2)(a) does not apply to a person who is a veteran if the
veteran is undertaking a rehabilitation scheme under the Veterans’
Vocational Rehabilitation Scheme or section 115G applies to the
veteran.
9 After Part VI
Insert:
In this Part, unless the contrary intention appears:
CPI payday means the first pension payday that occurs on or
after the beginning of each relevant period within the meaning of that term in
section 198.
member of the Forces has the same meaning as in subsection
68(1).
member of a Peacekeeping Force has the same meaning as in
subsection 68(1).
unaffected pension rate means the rate of pension that a
veteran would have received if the veteran had not undertaken a vocational
rehabilitation program under the Veterans’ Vocational Rehabilitation
Scheme.
unemployment includes:
(a) retirement from remunerative work; and
(b) undertaking less than 16 hours of remunerative work in a pension
period;
but does not include any period of paid leave.
veteran means:
(a) a person:
(i) who is, because of section 7, taken to have rendered eligible war
service; or
(ii) in respect of whom a pension is payable under subsection 13(6);
or
(iii) who satisfies subsection 37(3); or
(b) a member of the Forces; or
(c) a member of a Peacekeeping Force.
Veterans’ Vocational Rehabilitation Scheme means a
scheme made under subsection 115B(1).
work and pension income rate means the rate equal to the sum
of:
(a) the veteran’s salary, wages or earnings per fortnight from
remunerative work; and
(b) the fortnightly rate of pension paid to the veteran under Part II or
IV.
(1) The Commission may, from time to time, by instrument in writing, make
a scheme, to be called the Veterans’ Vocational Rehabilitation Scheme, to
assist specified classes of veterans to find employment and to continue in
employment.
(2) The Commission may, from time to time, by instrument in writing, vary
or revoke the scheme.
(3) A scheme made by the Commission under subsection (1), and an
instrument varying or revoking such a scheme, have no force or effect unless
approved by the Minister.
(4) If a scheme has been made by the Commission under subsection (1), or
an instrument under subsection (2), the scheme or the instrument is a
disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
(5) Without limiting the powers of the Commission under subsection (1),
the Scheme may make provision for and in relation to:
(a) the provision of rehabilitation programs, under the Scheme, to
specified veterans; and
(b) the provision of vocational guidance and assistance, under the Scheme,
to specified veterans; and
(c) the payment of financial assistance, under the Scheme, to specified
veterans in respect of education or training that is being undertaken under the
Scheme by the veterans; and
(d) the provision of services in relation to the assessment of veterans
for participation in rehabilitation programs; and
(e) the payment of financial assistance, under the Scheme, to specified
veterans in respect of transport costs arising from the veterans’
participation in the Scheme; and
(f) the payment of financial assistance, under the Scheme, to specified
veterans in respect of aids that enable the veterans to participate in, or
assist veterans to participate in, the Scheme; and
(g) the provision for review of determinations under section
115F.
(6) Before making a scheme, or varying or revoking the scheme, the
Commission must consult such organisations and associations, representing the
interests of the veteran community, as the Commission thinks
appropriate.
(1) Subject to sections 115D and 115G, this section applies while a
veteran is undertaking a vocational rehabilitation program under the
Veterans’ Vocational Rehabilitation Scheme.
(2) If this section applies to a veteran on a pension payday, the rate of
pension payable to the veteran is equal to the amount the veteran would receive
if the veteran were not undertaking the program.
(1) Subject to subsections (4) and (5) and section 115F, the pension
reduction amount in respect of a veteran for a pension payday that occurs within
the period (the initial period) that begins on the day after the
veteran first commenced remunerative work as a result of undertaking the
vocational rehabilitation program (the commencement day) and ends
immediately before the first CPI payday that occurs more than 2 years after the
beginning of that period is to be worked out using the following
formula:
(2) Subject to subsections (4) and (5) and section 115F, the pension
reduction amount in respect of a veteran for a pension payday that occurs within
the period (the second period) that begins immediately after the
initial period and ends 5 years after the commencement day is to be worked out
using the following formula:
(3) Subject to subsections (4) and (5) and section 115F, the pension
reduction amount in respect of a veteran for a pension payday that occurs more
than 5 years after the end of the initial period is to be worked out using the
formula:
(4) If a veteran is unemployed for a continuous period of at least 2
weeks, the pension reduction amount for each pension payday within that period
is nil.
(5) If a veteran is in receipt of pension at the special rate because of
subsection 24(3), the pension reduction amount for each pension payday is
nil.
(6) In this section:
general rate means the general rate of pension.
no. of paydays means the number of CPI paydays that have
occurred in the period.
pension rate on commencement means the rate of pension under
this Act that was payable to the veteran on the day on which the veteran
commenced his or her vocational rehabilitation program.
(1) This section applies if, because of the application of the pension
reduction amount to the rate of pension payable to a veteran, the work and
pension income rate of the veteran in relation to a pension period is or would
be less than the unaffected pension rate for the veteran in relation to that
period.
(2) A veteran to whom this section applies may apply to the Commission to
have the pension reduction amount reduced.
(3) An application must be:
(a) in writing; and
(b) in accordance with a form approved by the Commission; and
(c) accompanied by any relevant documentary evidence in relation to
salary, wages and other earnings from remunerative work for the period to which
the application relates; and
(d) lodged at an office of the Department in Australia.
(1) This section applies if, after considering an application under
section 115E, the Commission is satisfied that the rate at which a pension has
been, is being or is to be paid, to a veteran resulted, or would result in, a
work and pension income rate for the applicant in relation to a pension period
that is less or would be less than the unaffected pension rate in relation to
that period.
(2) If this section applies, the Commission may determine in writing that
the pension reduction amount in relation to the veteran for a past, present or
future pension payday is to be reduced by such amount as the Commission is
satisfied would result in the work and pension income rate being equal to the
unaffected pension rate.
(3) A determination takes effect on the day on which the determination is
made.
(1) The excluded income amount in respect of a veteran for a pension
payday that occurs within the period (the initial period) that
begins the day after the veteran first commenced remunerative work as a result
of undertaking the vocational rehabilitation program and ends immediately before
the first CPI payday that is more than 2 years after the beginning of the
initial period is 1/2 of
the earnings of the veteran in the pension period that relates to the pension
payday.
(2) The excluded income reduction amount in respect of a veteran for a
pension payday that occurs within each consecutive 6 month period during the 5
years that begins immediately after the initial period is worked out using the
following formula:
where:
no. of 6 month periods means the number of consecutive 6
month periods that have begun in the 5 year period.
earnings means salary, wages or earnings from remunerative
work in the pension period that relates to the pension payday.
(1) In this section, compensation, in relation to a person
who is undertaking, or has undertaken, a rehabilitation program under the
Veterans’ Vocational Rehabilitation Scheme, means an amount that is by way
of compensation or damages, or is, in the opinion of the Commission, in the
nature of compensation or damages, in respect of the disease, disability or
condition because of which the rehabilitation program is being, or has been,
undertaken.
(2) This section applies if a veteran who is undertaking, or has
undertaken, a rehabilitation program under the Veterans’ Vocational
Rehabilitation Scheme:
(a) has made a claim against another person for compensation, or may be,
or may become, entitled to be paid compensation by another person, in relation
to the disease, disability or condition because of which the rehabilitation
program is being, or has been, undertaken; or
(b) is entitled, whether because of an order of a court, a settlement of a
claim for compensation or otherwise, to be paid compensation by another person;
or
(c) has been paid compensation by another person, whether because of an
order of a court, a settlement of a claim for compensation or
otherwise.
(3) A reference in subsection (2) to another person includes a reference
to the Commonwealth, a State, a Territory or an authority of the Commonwealth, a
State or a Territory.
(4) If this section applies, the Commission may give to the veteran a
written notice requiring the veteran to pay for:
(a) a rehabilitation program or any part of such a program that has been
undertaken by the veteran under the Veterans’ Vocational Rehabilitation
Scheme before the day on which the notice was given to the veteran;
and
(b) a rehabilitation program or any part of such a program undertaken at
any time on or after the day on which the notice was given to the
veteran;
in relation to the disease, disability or condition.
(5) On being given the notice, the veteran becomes, by force of this
section, liable to pay to the Commonwealth an amount equal to the cost, or
amounts equal to the sum of the costs, as determined by the Commission, of and
incidental to:
(a) a rehabilitation program or any part of such a program that has been
undertaken by the veteran under the Veterans’ Vocational Rehabilitation
Scheme before the day on which the notice was given to the veteran;
and
(b) a rehabilitation program or any part of such a program undertaken at
any time on or after the day on which the notice was given to the
veteran.
(6) If the veteran is, under subsection (2), liable to make payment to the
Commonwealth for a rehabilitation program provided by the Commission, the
Commission may, by written notice given to a person who:
(a) may be, or may become, liable; or
(b) is liable;
to pay compensation to, or for the benefit of, the veteran in respect of
the disease, disability or condition, inform the person that the veteran is
liable to make payment to the Commonwealth for a rehabilitation program under
the Veterans’ Vocational Rehabilitation Scheme, whether undertaken before
or after the giving of the notice.
(7) A reference in subsection (6) to a person includes a reference to an
insurer who, under a contract of insurance, is liable to indemnify the person or
is liable to pay compensation to, or for the benefit of, the veteran against
that liability.
(1) This section
applies to a person if the person has been given a notice under subsection
115H(5).
(2) The person:
(a) is, on being given the notice, liable to pay compensation to, or for
the benefit of, the veteran to whom the notice relates in respect of the
disease, disability or condition to which the notice relates; or
(b) becomes, after receiving the notice, so liable to pay compensation;
or
the person becomes liable, because of this subsection, to pay to the
Commonwealth:
(c) an amount equal to the cost of the rehabilitation program that the
veteran is liable, or may become liable, under subsection 115H, to pay;
or
(d) an amount equal to the amount of compensation that the person is
liable, or becomes liable, so to pay;
whichever is the less.
(3) If, before the notice was given to the person, the person paid to, or
for the benefit of, the veteran the whole of the compensation that the person
was liable to pay in respect of the disease, disability or condition to which
the notice relates, the notice has no effect.
(4) If a person is liable, or becomes liable, to pay an amount to the
Commonwealth under subsection (2), the person must not, without the permission
of the Commission, pay the compensation, or any part of the compensation, to, or
for the benefit of, the veteran.
(5) Payment to the Commonwealth of an amount under subsection (2)
operates, to the extent of the payment:
(a) as a discharge to the person of his or her liability to pay
compensation to the veteran entitled to receive the compensation; and
(b) as a discharge of the veteran’s liability under subsection
115H(3).
The Commonwealth may recover in a court of competent jurisdiction an
amount that a person is liable to pay to the Commonwealth under subsection
115H(5) or 115J(2).
(1) This section applies if the Commission determines, in writing, the
amount of the cost of, or incidental to, a rehabilitation program under a
Veterans’ Vocational Rehabilitation Scheme for a veteran during a
specified period in respect of a disease, disability or condition in relation to
which a notice has been given under subsection 115H(4).
(2) The Commission may give a notice to the veteran containing a copy of
that determination, or notices to the veteran and the person referred to in
subsection 115H(6) containing copies of that determination.
(3) If the Commission gives a copy of a determination to a veteran or a
person under subsection (2), the copy is, for all purposes, prima facie
evidence:
(a) that the copy of that determination set out in the notice is a true
copy of the determination of which it purports to be a copy; and
(b) that the determination was duly made by the Commission; and
(c) that the amount specified in the determination is the amount which the
veteran is liable, by force of subsection 115H(5), to pay to the Commonwealth as
the cost of and incidental to the rehabilitation program under the
Veterans’ Vocational Rehabilitation Scheme during the period so specified
for and in relation to that disease, disability or condition.
(4) The giving of a notice, or notices, under subsection (2) does not
prevent the making of a further determination or determinations, and the giving
by the Commission of a further notice or further notices under that
subsection.
1 Subsection 84(1) (paragraphs (ba) and (bb) of
the definition of concessional beneficiary)
Repeal the paragraphs.
Part
1—Amendment of the Veterans’ Entitlements Act 1986 commencing on 26
June 1997
1 At the end of Schedule 5
Add:
(1) This clause applies to a person if:
(a) the person was receiving a carer service pension immediately before 26
June 1997; and
(b) subclause 8(1) or (3) would not apply to the person if that clause
commenced on the same day as this clause.
(2) If this clause applies to a person and the person was receiving a
carer service pension immediately before 26 June 1997, an instalment of carer
service pension is payable to the person on 26 June 1997 at the rate worked out
using the following formula:
where:
reduced annual rate means the rate last determined by the
Commission under this Act excluding any pharmaceutical allowance payable to a
person under this Act.
pharmaceutical allowance means the amount of pharmaceutical
allowance that would have been included in the person’s carer service
pension if the payment was an instalment under section 58A.
Part
2—Amendment of the Veterans’ Entitlements Act 1986 commencing on 1
July 1997
2 At the end of Schedule 5
Add:
(1) Subject to subclause (4), if:
(a) a person was receiving a carer service pension (the
carer) immediately before 1 July 1997; and
(b) the veteran partner who is being cared for by the carer is receiving
an age service pension or an invalidity service pension; and
(c) the carer would, apart from subsection 38(1B), be eligible for a
partner service pension;
then, despite the amendments made by Part 1 of Schedule 1 to the amending
Act, this Act, as in force immediately before 1 July 1997, continues to apply to
the person in relation to carer service pension.
(2) Subject to subclause (4), if:
(a) a person was receiving income support supplement immediately before 1
July 1997; and
(b) subsection 45AB(1) applied to the person; and
(c) the person would, apart from paragraph 45A(1)(b) and section 45AB, be
eligible for income support supplement;
then, despite the amendments made by Part 1 of Schedule 1 to the amending
Act, this Act, as in force immediately before 1 July 1997, continues to apply to
the person in relation to income support supplement.
(3) Subject to subclause (4), if:
(a) a person is receiving a carer service pension (the
carer) immediately before 1 July 1997; and
(b) the veteran who is being cared for by the carer is not receiving an
age service pension or an invalidity service pension but passes the income test
under section 53AA and either passes the assets test under section 53AD or is
the subject of a decision in force under section 53AN that the assets test does
not apply to the veteran;
then, despite the amendments made by Part 1 of Schedule 1 to the amending
Act, this Act, as in force immediately before 1 July 1997, continues to apply to
the person in relation to carer service pension.
(4) If carer service pension or income support supplement is not payable
to the person after the commencement of this clause, then subclause (1), (2) or
(3), as the case requires, ceases to apply to the person.
(5) In this clause:
amending Act means the Veterans’ Affairs Legislation
Amendment (1996-97 Budget and Other Measures) Act 1997.
Part
1—Amendment of the Veterans’ Affairs Legislation Amendment Act
1987
1 Schedule 1 (paragraph (a) of the amendment of
Schedule 2 (item 8))
Repeal the paragraph, substitute:
(a) Omit “161 kilometres” (in column 1, wherever occurring),
substitute “185.2 kilometres”.
Part
2—Amendment of the Veterans’ Affairs (1994-95 Budget Measures)
Legislation Amendment Act (No. 2) 1994
2 Paragraph 18(g)
Repeal the paragraph, substitute:
(g) by omitting subsections (2) and (3) and substituting the following
subsections:
(2) If:
(a) the rate of income support supplement applicable to a person who is
not permanently blind is worked out by using the Income Support Supplement Rate
Calculator Where There Are No Dependent Children at the end of section 45X;
and
(b) the maximum rate applicable to the person is increased by an amount
worked out under the rent assistance Module of the Rate Calculator;
and
(c) an amount of that income support supplement is to be reduced under
section 59T (compensation recovery);
the reduction is to be applied:
(d) first—to that part of the amount that does not include the
increase under the rent assistance Module; and
(e) then—to the amount of the increase under the rent assistance
Module.
(3) If:
(a) the rate of income support supplement applicable to a person who is
permanently blind is worked out by using the Income Support Supplement Rate
Calculator Where There Are No Dependent Children at the end of section 45X;
and
(b) the person would be eligible to have rent assistance added to his or
her maximum basic rate under point 45X-D2 if the person were not blind (i.e. if
the rate of the person’s income support supplement were calculated using
the Method statement set out in point 45X-B1 instead of that set out in point
45X-B2);
the person’s ceiling rate or adjusted ceiling rate (as the case may
be) is taken to include an amount for rent assistance worked out under Module D
of the Rate Calculator.
Part
3—Amendment of the Veterans’ Affairs Legislation Amendment and
Repeal Act 1995
3 Item 4 of Schedule 1
Repeal the item, substitute:
4 Subsection 43(4) (definition of
PA)
Omit “in Point 43-A1”.
4 Item 107 of Schedule 1
Repeal the item, substitute:
107 Point 42-E2
Omit “the couple’s ordinary incomes (on a yearly basis)”,
substitute “the annual rates of the couple’s ordinary
incomes”.
Part
4—Amendment of the Veterans’ Affairs (1995-96 Budget Measures)
Legislation Amendment Act 1995
5 Item 8 of Schedule 4
Repeal the item, substitute:
8 After subparagraph
38(1)(c)(i)
Insert:
(ia) whose partner or non-illness separated spouse, immediately before his
or her death, was receiving an age service pension or an invalidity service
pension, or would have been receiving such a pension if not for the operation of
one or more disqualifying provisions; and
Part
5—Amendment of the Veterans’ Affairs Legislation Amendment (1995-96
Budget Measures) Act (No. 2) 1995
6 Item 11 of Schedule 6
Repeal the item, substitute:
11 Paragraph 52S(5)(eb)
Omit “section 52H”, substitute “sections 52H and
53AL”.
7 Item 12 of Schedule 6
Repeal the item, substitute:
Omit “section 52H”, substitute
“sections 52H and 53AL”.
Part
6—Amendment of the Social Security and Veterans’ Affairs Legislation
Amendment Act 1995
8 Item 13 of Schedule 17
Repeal the item, substitute:
13 Subsection 52(1)
After “52H,”, insert “52ZA, 52ZCA,”.
Part
7—Amendment of the Veterans’ Entitlements Act
1986
9 Paragraph 5H(8)(zb)
Repeal the paragraph, substitute:
(zb) a payment to a veteran that is a bereavement payment under section
98A; or
10 Paragraph 5H(8)(zl) (last
occurring)
Renumber as (zm).
11 Paragraph 5L(10A)(b)
Repeal the paragraph, substitute:
or (b) income support supplement; or
(c) a social security pension;
12 Subsection 5L(12)
After “service pension”, insert “or an income support
supplement”.
13 Subparagraph
36H(2)(a)(iii)
Repeal the subparagraph, substitute:
(iii) income support supplement; or
(iv) a social security pension; and
14 At the end of subsection
36H(2)
Add:
Note: For social security pension see
subsection 5Q(1).
15 Subparagraph
37H(2)(a)(iii)
Repeal the subparagraph, substitute:
(iii) income support supplement; or
(iv) a social security pension; and
16 At the end of subsection
37H(2)
Add:
Note: For social security pension see
subsection 5Q(1).
17 Paragraph 52FA(1)(a)
Omit “or a social security pension”, substitute “, an
income support supplement or a social security pension”.
18 Paragraph 52GA(1)(b)
Omit “or a social security pension”, substitute “, an
income support supplement or a social security pension”.
19 Subparagraph
52GA(1)(c)(ii)
Omit “or a social security pension”, substitute “, an
income support supplement or a social security pension”.
20 Subsection 93B(4)
Omit “21”, substitute “15B”.
21 Paragraph 118E(2)(a)
Omit “paragraph 118JA(c)”, substitute “paragraph
118A(1)(c)”.
22 Paragraph 118E(2)(b)
Omit “paragraph 118JA(a) or (b)”, substitute “paragraph
118A(1)(a) or (b)”.
23 Subsection 128(6)
After “States,”, insert “of the Australian Capital
Territory,”.
Part
8—Amendment of the Veterans’ Entitlements Act
1986
24 Schedule 5
Renumber the items in the Schedule 1 to
7.
(213/96)