Military Rehabilitation and Compensation (Weekly Payments – Class of Persons) Instrument 2021 (Cth)

Military Rehabilitation and Compensation (Weekly Payments – Class of Persons) Instrument 2021

Military Rehabilitation and Compensation Act 2004

Instrument 2021 No. MRCC4

We as delegates of the Military Rehabilitation and Compensation Commission,  make this Instrument under subsections 224(4), 248(4) and 303(4) of the Military Rehabilitation and Compensation Act 2004.

Dated               26th   March                    2021

The Seal of the                   )

Military Rehabilitation               )

and Compensation Commission   )

was affixed hereto in the     )

presence of:     )

………….…Elizabeth Cosson…………………………Kate Pope……………………………..Donald Spinks……….

ELIZABETH COSSON	KATE POPE	DONALD SPINKS
AM CSC	PSM	AM
Chair	Member	Member

Contents

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Definitions................................................................................................................................ 1

5  Schedules................................................................................................................................. 1

6  Class of persons....................................................................................................................... 1

Schedule 1—Repeals  

Military Rehabilitation and Compensation (Weekly Payments – Class of Persons) Specification 2011      3

1  Name

This instrument is the Military Rehabilitation and Compensation (Weekly Payments – Class of Persons) Instrument 2021.

2  Commencement

(1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1.  The whole of this instrument	The day after this instrument is registered.

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

This instrument is made under subsections 224(4), 248(4) and 303(4) of the Military Rehabilitation and Compensation Act 2004.

4  Definitions

In this instrument:

Act means the Military Rehabilitation and Compensation Act 2004.

5  Schedules

Each instrument that is specified in the Schedule to this instrument is repealed as set out in the applicable items in the Schedule, and any other item in the Schedule to this instrument has effect according to its terms.

6  Class of persons

(1)  For subsections 224(2), 248(2) and 303(2) of the Act, the class of persons who meet the following criteria is specified:

(a)  the person is an Australian resident living in Australia;

(b) the person is receiving MRCA supplement under section 221, 245 or 300 of the Act;

(c) the person would benefit from having their MRCA supplement paid as described in subsection 224(2), 248(2) or 303(2) of the Act, as the case may be;

(d)  the person

(i) has voluntarily agreed to be paid their MRCA supplement as described in subsection 224(2), 248(2) or 303(2) of the Act, as the case may be; and

(ii) has not revoked or withdrawn that agreement.

(2) Without limiting paragraph (1)(c), a person is taken to benefit from having their MRCA supplement paid as described in subsection 224(2), 248(2) or 303(2) of the Act, as the case may be if:

(a)  the person does not have access to safe, secure and adequate housing, including in the circumstances specified in subsection (4); or

(b)  the person is using emergency accommodation or is a refugee; or

(c)  the person is financially vulnerable and significantly disadvantaged.

(3)  Without limiting paragraph (2)(a) a person is taken not to have access to safe, secure and adequate housing if:

(a)  the housing to which the person currently has access:

(i)  damages, or is likely to damage, the person’s health; or

(ii)  threatens or is likely to threaten the person’s safety; or

(iii)  does not provide the person with access to a reasonably level of personal amenities or the economic and social support that housing normally affords; or

(b)  in the circumstances, the adequacy, safety, security, or affordability of the housing to which the person currently has access is adversely affected or may be adversely affected; or

(c)  the person does not have a right to remain, or a reasonable expectation of being able to remain, in the housing to which the person currently has access.

Schedule 1—Repeals

Military Rehabilitation and Compensation (Weekly Payments – Class of Persons) Specification 2011

1  The whole of the instrument

Repeal the instrument.