Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act (No. 2) 1994 (Cth)
PART 1—PRELIMINARY
Section
1. Short title
2. Commencement
Division 1 —Principal Act 3. Principal Act
Division 2 —Compensation recovery 4. Insertion of section:
5NB.
Compensation recovery definitions5. Invalidity service pension may not be payable in some circumstances
6. Partner service pension may not be payable in some circumstances
TABLE OF PROVISIONS—
Section
7. Carer service pension may not be payable in some circumstances
8. Application of income and assets test reductions for income tax purposes
9. Rate of age, invalidity, partner and carer service pension (no dependent children)
10. Rate of age, invalidity, partner and carer service pension (dependent child or children)
11. Date of effect of adverse determination
12. Insertion of Part:
PART IIIC—COMPENSATION RECOVERY
Division 1 —General 59M. General effect of Part
59N. Certain lump sums to be treated as though they were received as periodic payments
590. Effect of certain State and Territory laws
Division 2 —Enforcement of compensation rights 59P. Commission may require person to take action to obtain compensation
Division 3 —Receipt of compensation 59Q. Pension etc. not payable during lump sum preclusion period
59R. Person may have to repay amount where both lump sum and pension have been received
59S. Lump sum compensation not counted as ordinary income
59T. Reduction of certain pensions where periodic compensation payments received
59U. Claim for compensation affected pension granted to person qualified for compensation affected payment under Social Security Act
59V. Rate reduction under both income/assets test and this Part
59W. Person may have to repay amount where both periodic compensation payments and pension have been received
59X. Periodic compensation payments not counted as ordinary income
Division 4 —Compensation payers 59Y. Commission may send preliminary notice to potential compensation payer
59Z. Potential compensation payer must notify Department of liability
59ZA. Commission may send recovery notice to compensation payer
59ZB. Preliminary notice or recovery notice suspends liability to pay compensation
59ZC. Compensation payer's payment to Commonwealth discharges liability to compensation recipient
59ZD. Offence to make compensation payment after receiving preliminary notice or recovery payment
Division 5 —Insurers 59ZE. Commission may send preliminary notice to insurer
59ZF. Insurer must notify Department of liability
59ZG. Commission may send recovery notice to insurer
59ZH. Preliminary notice or recovery notice to insurer suspends both insurer's and compensation payer's liability
59ZI. Insurer's payment to Commonwealth discharges liability
TABLE OF PROVISIONS—
Section
59ZJ. Offence to make compensation payment after receiving preliminary notice or recovery notice
Division 6 —Miscellaneous 59ZK. Commission may give recovery notice either to compensation payer or to insurer but not to both 59ZL. Commission may disregard some payments
59ZM. Part to bind Crown
Division 3 — Income support supplement 13.
Compensation recovery definitions14. Restrictions on dual pensions
15. Insertion of section:
45AB. Eligibility for income support supplement (caring for handicapped person)
16. Income support supplement may not be payable in some circumstances
17. Restrictions on dual pensions
18. Application of income and assets test reductions for income tax purposes
19. Rate of income support supplement (no dependent children)
20. Rate of income support supplement (dependent child or children)
21. Method of calculating rate at which income support supplement would have been payable in certain circumstances
22. Indexed and adjusted amounts
23. Date of effect of adverse determination
24. General effect of Part
25. Eligibility
26. Further amendments
27. Consequential amendments of other Acts
Division 4 — Funeral benefits 28. Insertion of section:
98B. Funeral benefits—automatic grant to estate of certain deceased veterans
29. Further funeral benefits—veterans
30. Repeal of section 99A
31. Time for applying for funeral benefit
Division 5 — Payment of expenses incurred by applicants to Veterans' Review Board 32. Application
33. Interpretation
34. Insertion of sections:
170A. Medical expenses
170B. Travelling expenses for obtaining medical evidence
170C. Advance of travelling expenses
Division 6 — Membership of the Veterans' Review Board 35. Appointment of members of Board
Division 7 — Partner service pension 36. Heading to Subdivision D of Division 7 of Part III
37. Rate of age, invalidity, partner and carer service pension (no dependent children)
38. Rate of age, invalidity and partner service pension (blind persons)
TABLE OF PROVISIONS—
Section
Division 8 — Education entry payment 39. Insertion of Part:
PART VIIAA—EDUCATION ENTRY PAYMENT
118AA. Eligibility
118AAB. Need for a claim
118AAC. Entitlement to and amount of payment
118AAD. Payment to be refunded
Division 9 — Refugee's eligibility for service pension 40. Index of definitions
41.
Eligibility related definitions42. Eligibility for age service pension
43. Eligibility for invalidity service pension
44. New Schedule
Division 10 — Pharmaceutical allowance 45. Rate of age, invalidity, partner and carer service pension (no dependent children)
46. Rate of age, invalidity, partner and carer service pension (dependent child or children)
47. Rate of age and invalidity service pension (blinded veterans)
48. Rate of partner service pension for widows, widowers and non-illness separated spouses
49. Automatic rate reduction—recipient not complying with section 54 notification obligations
50. Age, invalidity and partner service pensions generally portable
51. Eligibility for pharmaceutical allowance
Division 11 — Pension not payable because of nil rate 52. Rate increase determination
53. Insertion of section:
56EB. Cancellation determination where pension not payable
54. Insertion of sections:
196ZN. Medical expenses
196ZO. Travelling expenses for obtaining medical evidence
196ZP. Advance of travelling expenses
55. Principal Act
56. Repeal and substitution of sections:
42.
Rent definitions43. General definitions
57. Creation of new Part
58. Repeal and substitution of section:
46. Appropriation
59. Schedule 3
60. Consequential amendments
TABLE OF PROVISIONS—
SCHEDULE 1 AMENDMENTS OF RATE CALCULATOR IN SECTION 45X OF THE VETERANS'
ENTITLEMENTS ACT 1986
PART 1—MODULES TO BE SUBSTITUTED FOR MODULES B AND C
PART 2—MODULE TO BE ADDED AT END OF CALCULATOR
SCHEDULE 2 AMENDMENTS OF RATE CALCULATOR IN SECTION 45Y OF THE VETERANS'
ENTITLEMENTS ACT 1986
PART 1—MODULES TO BE SUBSTITUTED FOR MODULES B AND C
PART 2—MODULE TO BE ADDED AT END OF CALCULATOR
SCHEDULE 3 FURTHER AMENDMENTS OF THE VETERANS' ENTITLEMENTS ACT 1986
RELATING TO DIVISION 3 OF PART 2
SCHEDULE 4 CONSEQUENTIAL AMENDMENTS OF OTHER ACTS RELATING TO
DIVISION 3 OF PART 2
SCHEDULE 5 SCHEDULE TO BE INSERTED IN THE VETERANS' ENTITLEMENTS ACT 1986
SCHEDULE 6 CONSEQUENTIAL AMENDMENTS OF OTHER ACTS RELATING TO PART 4
The Parliament of Australia enacts:
[
"5NB.(1) In this Act, unless the contrary intention appears:
(a) estimated as the average total weekly earnings, during a particular month, of all employees (all persons) in Australia; and
(b) last published by the Australian Statistician before the lump sum compensation payment became payable;
Note: For 'lump sum preclusion period' see subsections 59Q(3) to (7).
Note: See also section 590.
Note: For "dependent child component' see this subsection.
(a) an invalidity service pension; or
(b) a partner service pension; or
(c) a carer service pension;
payable to a person who has not reached pension age;
Note: For 'pension age' see sections 5QA and 5QB.
(a) a person who is liable to make a compensation payment; or
(b) an authority of a State or Territory that has determined that it will make a payment by way of compensation to another person, whether or not the authority is liable to make the payment;
(a) any additional amount for dependent children or any amount for rent assistance that, in working out the rate of the pension, was added to the person's maximum basic rate; or
(b) if any amount referred to in paragraph (a) was reduced because an income test or asset test was applied in working out the rate of the pension—that amount as so reduced;
Note 1: For the method of working out the pension rate, the maximum basic rate and the amount for dependent children and rent assistance, see Modules A, B, C and D of the Rate Calculators at the end of sections 42 and 43.
Note 2: For the application of income tests and assets tests, see Modules A, E, F and G of the Rate Calculator at the end of section 42.
(a) in relation to a series of periodic payments—the period in respect of which the payments are, or are to be, made; and
(b) in relation to a payment of arrears of a series of periodic payments—the period in respect of which those periodic payments would have been made if they had not been made by way of an arrears payment;
Note: Arrears of periodic compensation payments are normally treated as reducing, on a dollar for dollar basis, a payment under this Act that is covered by Part IIIC because these compensation payments are not lump sum compensation payments: see subsection 5NB(1) and sections 59T and 59W.
"(2) For the purposes of Part IIIC,
(a) a payment of damages or compensation; or
(b) a payment under a scheme of insurance or compensation under a law of the Commonwealth or of a State or Territory, or under a contract entered into under such a scheme; or
(c) a payment (with or without admission of liability) in settlement of a claim for damages or of a claim under such an insurance scheme;
made wholly or partly in respect of lost earnings or lost capacity to earn. The payment may be in the form of a lump sum (or part of a lump sum) or in the form of a series of periodic payments and may be made either within or outside Australia, but it does not include any payment that, under subsection (3), (4), (5) or (6), is excluded from the application of this subsection.
Note: Under section 590, a person may be treated as having received compensation that the person would have received but for the effect of a State or Territory law.
"(3) Subsection (2) does not apply to a periodic payment or a lump sum payment referred to in paragraph 26(1)(b) or (2)(b) or subsection 30(3).
"(4) Subsection (2) does not apply to a compensation payment if:
(a) the recipient has made contributions (for example, by way of insurance premiums) towards the payment; and
(b) the agreement under which the contributions are made does not provide that the amounts that would otherwise be payable under the agreement are to be reduced or are not payable because the recipient is eligible for or receives the compensation affected pension under this Act.
"(5) Subsection (2) does not apply to any payment of compensation made to a person that was taken into account under Division 5 A of Part II to reduce the amount, or stop the payment, of a pension that, apart from that Division, would have been payable to the person under that Part.
"(6) Subsection (2) does not apply to any payment of compensation made to a person that was taken into account under Division 4 of Part IV to reduce the amount, or stop the payment, of a pension that, apart from that Division, would have been payable to the person under that Part.
"(7) For the purposes of Part IIIC, the
(a) 50% of the payment if the following circumstances apply:
(i) the payment is made (either with or without admission of liability) in settlement of a claim that is, in whole or in part, related to a disease, injury or condition; and
(ii) the claim was settled, either by consent judgment being entered in respect of the settlement or otherwise, on or after 9 February 1988; or
(b) 50% of the payment if the following circumstances apply:
(i) the payment represents that part of a person's entitlement to periodic compensation payments that the person has chosen to receive in the form of a lump sum; and
(ii) the entitlement to periodic compensation payments arose from the settlement (either with or without admission of liability) of a claim that is, in whole or in part, related to a disease, injury or condition; and
(iii) the claim was settled, either by consent judgment being entered in respect of the settlement or otherwise, on or after 9 February 1988; or
(c) if paragraphs (a) and (b) do not apply—so much of the payment as is, in the Commission's opinion, in respect of lost earnings or lost capacity to earn.
"(8) If a person:
(a) has received periodic compensation payments in respect of lost earnings or lost capacity to earn; and
(b) after receiving those payments, receives a lump sum compensation payment in respect of the lost earnings or lost capacity to earn (the
'LSP' ); and(c) because of receiving the LSP, becomes liable to repay an amount (the
Repaid Periodic Compensation Payment—'RPCP' ) equal to the periodic compensation payments received;
then, for the purposes of subsection (7), the amount of the lump sum compensation payment is:
"(9) For the purposes of Part IIIC, a payment of arrears of periodic compensation payments is not a lump sum compensation payment.
Note: For the treatment of a payment of arrears of periodic compensation payments where, at the time of the event that gave rise to the compensation payments, the person was receiving a payment under this Act that is covered by Part IIIC, see points 41-D2B and 42-E2B.
"(10) A person
"(11) For the purposes of Part IIIC, the
(a) if the disease, injury or condition was caused by an accident—the accident; or
(b) in any other case—the disease, injury or condition first becoming apparent;
and is not, for example, the decision or settlement under which the compensation is payable.
"(12) A reference in Part IIIC to an
(a) an authority of a State or Territory that is liable to indemnify a compensation payer against such a liability, whether the authority is so liable under a contract, a law or otherwise; or
(b) an authority of a State or Territory that determines to make a payment to indemnify a compensation payer against such a liability, whether or not the authority is liable to do so.".
"or (f) the person or the person's partner is entitled to receive compensation (see Division 3 of Part IIIC)".
"or (f) the person or the person's partner is entitled to receive compensation (see Division 3 of Part IIIC)".
"or (g) the person or the person's partner is entitled to receive compensation (see Division 3 of Part IIIC)".
(a) by inserting after subsection (1) the following subsections:"(1A) If:
(a) the rate of a service pension applicable to a person who has no dependent children is increased under the rent assistance Module of a Rate Calculator or the pharmaceutical allowance Module of a Rate Calculator; and
(b) an amount of that pension is to be reduced under section 59T (compensation recovery);
the reduction is to be applied:
(c) first, to that part of the amount that does not include any increase under the rent assistance Module or the pharmaceutical allowance Module; and
(d) then, to the amount of any increase under the rent assistance Module; and
(e) finally, to the amount of any increase under the pharmaceutical allowance Module.
"(1B) If:
(a) the rate of a service pension applicable to a person who has dependent children is increased under the pharmaceutical allowance Module of a Rate Calculator; and
(b) an amount of that pension or the compensation affected component of such an amount is to be reduced under section 59T (compensation recovery);
the reduction is to be applied:
(c) first, to that part of the amount or of the compensation affected component that does not include the increase under the pharmaceutical allowance Module; and
(d) then, to the amount of the increase under the pharmaceutical allowance Module.";
(b) by omitting from subsection (2) "subsection (1)" and substituting "subsections (1), (1A) and (IB)".
"41-D2B. If:
(a) at the time of an event that gives rise to an entitlement of a person to compensation, the person is receiving a compensation affected pension; and
(b) in relation to the entitlement, the person receives a payment (
'arrears payment' ) of arrears of periodic compensation;
the person is taken to receive on each day in the periodic payments period an amount calculated by dividing the amount of the arrears payment by the number of days in the periodic payments period.
Note: For 'event that gives rise to an entitlement to compensation' and 'periodic payments period' see section 5NB.".
"42-E2B. If:
(a) at the time of an event that gives rise to an entitlement of a person to compensation, the person is receiving a compensation affected pension; and
(b) in relation to the entitlement, the person receives a payment (
'arrears payment' ) of arrears of periodic compensation;
the person is taken to receive on each day in the periodic payments period an amount calculated by dividing the amount of the arrears payment by the number of days in the periodic payments period.
Note: For 'event that gives rise to an entitlement to compensation' and 'periodic payments period' see section 5NB.".
(a) by omitting from subsection (3) "and (6)" and substituting ", (6), (7) and (8)";
(b) by adding at the end of section 56H the following subsections:
"(7) If:
(a) an adverse determination is made in relation to a person because of point 41-D2B or 42-E2B (payment of arrears of periodic compensation payments); and
(b) a service pension has been paid to the person or to the person's partner when, because of the payment of arrears of periodic compensation, the pension should have been cancelled or suspended;
the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.
"(8) If:
(a) an adverse determination is made in relation to a person because of point 41-D2B or 42-E2B (payment of arrears of periodic compensation payments); and
(b) an amount of service pension was paid to the person or to the person's partner that, because of the payment of arrears of periodic compensation, was more than the amount that should have been paid;
the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.".
"
"
"59M.(1) If:
(a) a person is or may be entitled to, or receives, compensation; and
(b) the person has not reached pension age;
any of the following pensions payable to the person or the person's partner might be affected under this Part:
(c) invalidity service pension;
(d) partner service pension;
(e) carer service pension.
Note 1: For 'pension age' see sections 5QA and 5QB.
Note 2: These pensions are defined in section 5NB as 'compensation affected pensions'.
"(2) If the person is or may be entitled to compensation and does not take reasonable action to claim or obtain the compensation, the pension or (if the pension has a dependent child component) the compensation affected component of the pension may not be payable to the person.
"(3) If the compensation is in the form of a lump sum, the pension or (if the pension has a dependent child component) the compensation affected component of the pension may cease to be payable for a period (based on the amount of the lump sum) and some or all of that part may be repayable.
Note 1: Under section 59N, certain lump sum payments may be treated as though they were received as periodic payments.
Note 2: Under section 590, a person may be treated as having received compensation that the person would have received but for the effect of a State or Territory law.
"(4) If the compensation is in the form of a series of periodic payments, the pension or (if the pension has a dependent child component) the compensation affected component of the pension may be reduced for the period for which the payments are received.
Note 1: Under section 59N, certain lump sum payments may be treated as though they were received as periodic payments.
Note 2: Under section 590, a person may be treated as having received compensation that the person would have received but for the effect of a State or Territory law.
"(5) An invalidity service pension or a partner service pension will only be affected under this Part if:
(a) the compensation is received on or after 1 January 1995; and
(b) the claim for the pension was made on or after 1 May 1987.
"(6) A carer service pension will only be affected under this Part if:
(a) the compensation is received on or after 1 January 1995; and
(b) the claim for the pension was made on or after 1 January 1993.
"(7) This Part operates in certain specified circumstances to affect a person's compensation affected pension because of compensation received by the person or the person's partner. This Part is not intended to contain any implication that, in addition to those specified circumstances, there needs to be some connection between the circumstances that give rise to the person's eligibility for the pension and the circumstances that give rise to the person's or the partner's compensation.
"59N. If:
(a) a person is entitled to periodic payments under a law of a State or Territory; and
(b) the person's entitlement to the periodic payments is converted under the law of the State or Territory into an entitlement to a lump sum; and
(c) the lump sum is calculated by reference to a period; and
(d) the lump sum is to be paid to the person in 2 or more instalments;
this Part applies to the person as if:
(e) the person had not received the instalments; and
(f) the person had received, in each fortnight during the period, a periodic compensation payment equal to:
where:
'lump sum amount' is the amount of the lump sum referred to in paragraph (b);
'number of fortnights in the period' is the number of whole fortnights in the period referred to in paragraph (c).
"59O. If:
(a) a law of a State or Territory provides for the payment of compensation; and
(b) that law includes a provision to the effect that a person's compensation under the law is to be or may be reduced or cancelled if the person is eligible for or receives payments under this Act;
this Part applies as if the person had received under that law the compensation that the person would have received if the provision referred to in paragraph (b) had not been enacted.
"
"59P.(1) If:
(a) a person is receiving a compensation affected pension; and
(b) the person or the person's partner is entitled or may, in the Commission's opinion, be entitled to compensation; and
(c) the person or the partner has not taken:
(i) any action to claim or obtain the compensation; or
(ii) any action that the Commission considers reasonable to claim or obtain the compensation;
the Commission may require the person or the partner to take the action specified by the Commission.
"(2) If:
(a) a person is eligible for a compensation affected pension; and
(b) the person or the person's partner is entitled or may, in the Commission's opinion, be entitled to compensation; and
(c) the person or the partner has not taken:
(i) any action to claim or obtain the compensation; or
(ii) any action that the Commission considers reasonable to claim or obtain the compensation;
the Commission may require the person or the partner to take the action specified by the Commission.
"(3) Even though a person has entered into an agreement to give up the person's right to compensation, the Commission may form the opinion that the person may be entitled to compensation if the Commission is satisfied that the agreement is void, ineffective or unenforceable.
"(4) For the purposes of subsection (3), a person enters into an agreement to give up the person's right to compensation if the person:
(a) enters into an agreement to waive the person's right to compensation; or
(b) enters into an agreement to withdraw the person's claim for compensation.
"(5) The action specified by the Commission is to be the action that the Commission considers reasonable to enable the person to claim or obtain the compensation.
" (6) If, under subsection (1), the Commission requires a person who has been granted a pension to take action to claim or obtain compensation, the pension or (if the pension has a dependent child component) the compensation affected component of the pension is not payable to the person unless the person complies with the requirement.
Note: For 'dependent child component' and 'compensation affected component' see subsection 5NB(1).
"(7) If, under subsection (1), the Commission requires the partner of a person who has been granted a pension to take action to obtain or claim compensation, the pension or (if the pension has a dependent child component) the compensation affected component of the pension is not payable to the person unless the partner complies with the requirement.
Note: For 'dependent child component' and 'compensation affected component' see subsection 5NB(1).
"
"59Q.(1) If:
(a) a person is eligible for a compensation affected pension; and
(b) the person is not a member of a couple; and
(c) the person receives compensation in the form of a lump sum (whether before or after the person became eligible for the pension);
the pension or (if the pension has a dependent child component) the compensation affected component of the pension is not payable to the person for the lump sum preclusion period.
Note 1: For 'compensation affected pension', 'dependent child component' and 'compensation affected component' see subsection 5NB(1).
Note 2: For 'Lump sum preclusion period' see subsections (3) to (7).
"(2) If:
(a) a person is eligible for a compensation affected pension; and
(b) the person is a member of a couple; and
(c) the person, or the person's partner, receives compensation in the form of a lump sum (whether before or after the person became eligible for the pension);
the following provisions have effect:
(d) the pension or (if the pension has a dependent child component) the compensation affected component of the pension is not payable to the person for the lump sum preclusion period;
(e) if the person's partner is eligible for a compensation affected pension—that pension or (if that pension has a dependent child component) the compensation affected component of that pension is not payable to the partner for the lump sum preclusion period.
Note 1: For 'compensation affected pension', 'dependent child component' and 'compensation affected component' see subsection 5NB(1).
Note 2: For 'lump sum preclusion period' see subsections (3) to (7).
"(3) If a person receives both periodic compensation payments and compensation in the form of a lump sum in respect of lost earnings or lost earning capacity, the
(a) begins on the day after the last day of the periodic payments period; and
(b) ends after the number of weeks specified in subsection (7).
Note: For 'periodic payments period' see subsection 5NB(1).
"(4) If a person chooses to receive part of an entitlement to periodic compensation payments in the form of a lump sum, the
(a) begins on the first day on which the person's periodic compensation payment is a reduced payment because of that choice; and
(b) ends after the number of weeks specified in subsection (7).
"(5) If a person:
(a) receives compensation in relation to an injury, disease or condition in the form of a lump sum (
'first lump sum' ); and(b) the person receives compensation in the form of a further lump sum (
'second lump sum' ); and(c) the second lump sum is compensation in relation to the same injury, disease or condition;
the
(d) begins on the day after the last day of the lump sum preclusion period for the first lump sum; and
(e) ends after the number of weeks specified in subsection (7).
"(6) If none of subsections (3), (4) and (5) applies, the
(a) begins on the day on which the loss of earnings or loss of earning capacity began; and
(b) ends after the number of weeks specified in subsection (7).
"(7) The number of weeks in the lump sum preclusion period is the number worked out under the following formula:
Note: For 'compensation part' of lump sum and 'average weekly earnings' see section 5NB.
"(8) If the number worked out under subsection (7) is not a whole number, the number is to be rounded down to the nearest whole number.
LUMP SUM PRECLUSION PERIOD EXAMPLES
Jane is not a member of a couple. She has no dependent children. She is receiving an invalidity service pension at the time when a lump sum compensation award of $11,000 is made to her. The compensation part of this lump sum is $5,500 (see subsection 5NB(7)).
Jane's lump sum preclusion period is:
i.e. | 5,500 | = 10.3 [rounded down] = 10 |
530 |
Her lump sum preclusion period is therefore 10 weeks. Jane commenced to receive the invalidity service pension immediately after her accident and the preclusion period begins on the day of the event that gave rise to her entitlement to compensation. The preclusion period ends 10 weeks after that day. Invalidity service pension is not payable to Jane during that 10 week period.
As Jane has received invalidity service pension payments during that period, they will be recoverable under section 59R.
Martha is a member of a couple. She is receiving an invalidity service pension, and her partner Fred is also receiving an invalidity service pension. They do not have any dependent children. Fred receives a lump sum compensation payment of $11,000 relating to an injury having earlier received periodic compensation payments. The compensation part of the lump sum is $5,500 (see subsection 5NB(7)).
The lump sum preclusion period for Martha and Fred is:
i.e. | 5,500 | = 10.3 [rounded down] = 10 |
530 |
The lump sum preclusion period is therefore 10 weeks. The preclusion period begins on the day after Fred's last payment of periodic compensation payments. The preclusion period ends 10 weeks from that day. Invalidity service pension is not payable to Martha during that 10 week period. Invalidity service pension is not payable to Fred in relation to that 10 week period.
If Martha has already received pension payments during that period, or if Fred has already received pension payments relating to that period, those payments will be recoverable under section 59R.
Richard is a member of a couple. He is receiving invalidity service pension, and his partner, Ellen, is receiving partner service pension. They have one dependent child for whom Richard is receiving dependent child add-on. Richard receives a lump sum compensation payment of $11,000 relating to an injury having earlier received periodic compensation payments. The compensation part of the lump sum is $5,500 (see subsection 5NB(7)).
The lump sum preclusion period for Richard and Ellen is:
i.e. | 5,500 | = 10.3 [rounded down] = 10 |
530 |
The lump sum preclusion period is therefore 10 weeks. The preclusion period begins on the day after Richard's last payment of periodic compensation payments. The preclusion period ends 10 weeks from that day. The amount of pension which represents the compensation affected component (the basic service pension and pharmaceutical allowance) is not payable
to Richard during that 10 week period. Because Richard receives dependent child add-on as part of his rate (the dependent child component), he will still receive a part rate of pension. Partner service pension is not payable to Ellen in relation to that 10 week period.
If Richard has already received pension payments during that period, or if Ellen has already received pension payments relating to that period, those payments which represent the compensation affected component will be recoverable under section 59R. The dependent child component of the pension which was paid to Richard is not recoverable.
"59R.(1) If:
(a) a person receives compensation in the form of a lump sum; and
(b) the person receives payments of a compensation affected pension for the lump sum preclusion period;
the Commission may, by written notice to the person, determine that the person is liable to pay to the Commonwealth the amount specified in the notice.
Note: For 'lump sum preclusion period' see subsections 59Q(3) to (7).
"(2) The amount specified in the notice is the
"(3) If:
(a) the person is not a member of a couple; or
(b) the person is a member of a couple and the person's partner:
(i) is not eligible for a compensation affected pension; or
(ii) is not qualified for a compensation affected payment under the Social Security Act;
the
(c) the compensation part of the lump sum; and
(d) the sum of the pension payments, or (if the person's pension has a dependent child component) of the compensation affected components of the pension payments, made to the person for the lump sum preclusion period.
"(4) If:
(a) the person is a member of a couple; and
(b) the person's partner:
(i) is eligible for a compensation affected pension; or
(ii) is qualified for a compensation affected payment under the Social Security Act;
the
(c) the compensation part of the lump sum; and
(d) the amount obtained by adding the pension payments, or (if the person's pension has a dependent child component) the compensation affected component of the pension payments, made to the person for the lump sum preclusion period to:
(i) the pension payments, or (if the partner's pension has a dependent child component) the compensation affected components of the pension payments, made to the person's partner for the lump sum preclusion period; or
(ii) the compensation affected payments made under the Social Security Act to the person's partner for the lump sum preclusion period.
LUMP SUM RECOVERABLE AMOUNT AND PRECLUSION PERIOD EXAMPLES
Jane is not a member of a couple. She has no dependent children. She is receiving an invalidity service pension. She receives a lump sum compensation payment of $11,000 relating to an injury. The compensation part of this lump sum is $5,500 (see subsection 5NB(7)). Jane's lump sum preclusion period is 10 weeks:
That period began 6 weeks ago (on the day after Jane's periodic compensation payments ceased). During those 6 weeks, Jane received a total of $688.10 in invalidity service pension payments.
The Commission writes to Jane telling her of the recoverable amount that she is liable to repay to the Commonwealth. Since Jane's situation is covered by subsection (3) the recoverable amount is the smaller of $5,500 (the compensation part of the lump sum payment) and $688.10. Jane will be liable to repay to the Commonwealth $688.10. Because the lump sum compensation preclusion period continues for another four weeks, Jane will receive no further invalidity service pension payments until after the four week period ends.
Martha is a member of a couple. Martha is receiving an invalidity service pension and her partner, Fred, is eligible for partner service pension. They have no dependent children. Martha receives a lump sum compensation payment of $11,000 relating to an injury. The compensation part of this lump sum is $5,500 (see subsection 5NB(7)).
The lump sum preclusion period is 10 weeks:
That period began 6 weeks ago (on the day after Martha's periodic compensation payments ceased). During those 6 weeks, Martha received a total of $688.10 in invalidity service pension payments and Fred received a total of $688.10 in partner service pension payments.
The Commission writes to Martha telling her of the recoverable amount she is liable to repay to the Commonwealth. Since Martha and Fred's situation is covered by subsection (4), the recoverable amount is the smaller of $5,500 (the compensation part of the lump sum
compensation payment) and $1,376.20 (the sum of $688.10 and $688.10). Martha will be liable to repay to the Commonwealth $1,376.20. Because her lump sum preclusion period continues for another 4 weeks, neither Martha nor Fred will receive any pension payments until after the 4 week period ends.
Richard is a member of a couple. Richard is receiving invalidity service pension and his partner, Ellen, is also receiving invalidity service pension. They have one dependent child for whom Richard is receiving dependent child add-on. Ellen receives a lump sum compensation payment of $11,000 relating to an injury. The compensation part of this lump sum is $5, 500 (see subsection 5NB(7)).
The lump sum preclusion period is 10 weeks:
That period began 6 weeks ago (on the day after Ellen's periodic compensation payments ceased). During those 6 weeks, Richard received a total of $988.50 in invalidity service pension payments and Ellen received a total of $795.90 in invalidity service pension payments.
The Commission writes to Richard telling him of the recoverable amount he is liable to repay to the Commonwealth. Since Richard and Ellen's situation is covered by subsection (4), the recoverable amount is the smaller of $5, 500 (the compensation part of the lump sum compensation payment) and $1,591.80 (the sum of $795.90 and $795.90). Only the compensation affected components (the basic service pension and pharmaceutical allowance) are recoverable. The amount the dependent child add-on (the dependent child component) is exempt from recovery. This amounts to $192.60 (the difference between $988.50 which Richard received and $795.90 which Ellen received). Richard will be liable to repay to the Commonwealth $1,591.80. Because the lump sum preclusion period continues for another 4 weeks, Richard will only be entitled to receive the dependent child add-on payment ($64.20) of his invalidity service pension until after the 4 week period ends. Ellen will not receive any invalidity service pension payments until after the 4 week period ends.
"59S. If an amount per fortnight of a pension is not payable to a person under section 59Q because of compensation in the form of a lump sum, that lump sum is not to be regarded as ordinary income of either the person or the person's partner for the purposes of this Act.
"59T.(1) If:
(a) a person, or the person's partner, receives a series of periodic compensation payments; and
(b) the person is eligible for a compensation affected pension for the periodic payments period; and
(c) the person was not, at the time of the event that gave rise to the entitlement of the person, or of the person's partner, to the compensation, receiving the compensation affected pension referred to in paragraph (b);
the person's pension or (if the person's pension has a dependent child component) the compensation affected component of the pension is to be reduced for the periodic payments period as provided under subsections (2), (3) and (4).
Note 1: For 'periodic payments period', 'compensation affected pension', 'dependent child component' and 'compensation affected component' see subsection 5NB(7).
Note 2: If a person, or a person's partner, was, at the time of an event that gave rise to the entitlement of the person, or the person's partner, to compensation, receiving a compensation affected pension, the compensation is treated as ordinary income.
Note 3: Subsection (1) can apply to both members of a couple so as to reduce their pensions. For example, if a partner service pensioner received periodic compensation payments and her partner is receiving an invalidity service pension, subsection (1) applies to the partner service pensioner to reduce her pension and to the partner to reduce his pension.
"(2) If the person is not a member of a couple, the amount per fortnight of the person's pension or of the compensation affected component of the person's pension (as the case may be) is reduced by the amount per fortnight of the periodic compensation payments received by the person.
"(3) If:
(a) the person is a member of a couple; and
(b) the person's partner:
(i) is not eligible for a compensation affected pension; or
(ii) is not qualified for a compensation affected payment under the Social Security Act;
the amount per fortnight of the person's pension or of the compensation affected component of the person's pension (as the case may be) is reduced by the amount per fortnight of the periodic compensation payments received by the person or the person's partner.
"(4) If:
(a) the person is a member of a couple; and
(b) the person's partner:
(i) is eligible for a compensation affected pension; or
(ii) is qualified for a compensation affected payment under the Social Security Act;
the amount per fortnight of the person's pension or of the compensation affected component of the person's pension (as the case may be) is reduced by half the amount per fortnight of the periodic compensation payments received by the person or the person's partner.
Note: If the person's partner is qualified for a compensation affected payment under the Social Security Act, that payment will be reduced under that Act.
"(5) If the amount per fortnight (
Note: If a person's pension or the compensation affected component of a person's pension is reduced under this section, the order in which the reduction is to be made against the components of the maximum payment rate is laid down by section 40C.
RATE REDUCTION EXAMPLES
Alice is not a member of a couple. She has no dependent children. She has had to stop work because of sickness. She claimed and was granted invalidity service pension of $282 per fortnight. Her employer has started paying her fortnightly compensation of $160. Alice was obliged to notify the Department of Veterans' Affairs (under section 54) as soon as she became aware that she was going to receive the periodic compensation payments. Her rate of invalidity service pension will then be reduced while she is receiving periodic payments from her employer. Since her situation is covered by subsection (2), her reduced invalidity service pension rate will be $122 per fortnight ($282 (Alice's fortnightly pension rate)—$160 (Alice's fortnightly periodic payment) = $122). This will be her rate of pension as long as she continues to receive the periodic payments of compensation from her employer.
June is a member of a couple. They have no dependent children. She has had to stop work because of sickness. She claimed and was granted partner service pension of $260 per fortnight. Her partner, William, is receiving invalidity service pension of $260 per fortnight. June's employer has started paying her fortnightly compensation of $160. June was obliged to notify the Department of Veterans' Affairs (under section 54) as soon as she became aware that she was going to receive the periodic compensation payments. While she is receiving periodic payments of compensation from her employer, both her partner service pension and William's invalidity service pension will be reduced. Since their situation is covered by subsection (4), June's rate will be reduced by $80 ($160/2) and William's rate will also be reduced by $80. As long as June continues to receive the periodic compensation payments from her employer, her rate of partner service pension will be $180 ($260 (June's partner service pension rate)—$80 = $180) and William's rate of invalidity service pension will also be $180 ($260 (William's invalidity service pension rate)—$80 = $180).
Jonathan is not a member of a couple. He has had to stop work because of sickness. He claimed and was granted invalidity service pension. He has 2 dependent children under 13 years and pays full private rent. Jonathan receives $556.50 per fortnight. His employer has started paying him fortnightly compensation of $400. Jonathan was obliged to notify the Department of Veterans' Affairs (under section 54) as soon as he became aware that he was going to receive the periodic compensation payments. His rate of invalidity service pension will then be reduced while he is receiving periodic payments from his employer. Since his situation is covered by subsection (2) his reduced invalidity service pension rate will be $233.20 per fortnight. Jonathan's basic rate of invalidity service pension plus pharmaceutical allowance is $323.30. These are the only components affected. Dependent child add-on, guardian allowance and rent assistance (the dependent child component of his pension) are not affected in this situation. The $400 per fortnight compensation is more than $323.30; therefore, there is no basic invalidity service pension or pharmaceutical allowance payable. The amount remaining is the dependent child component, $233.20 (S556.50—$323.30). This will be his rate of pension as long as he continues to receive the periodic payments of compensation from his employer.
"59U.(1) If:
(a) a person's claim for a compensation affected pension is granted; and
(b) immediately before the claim is granted, a compensation affected payment for which the person was qualified under the Social Security Act was not payable to the person under section 1165 of that Act because of a lump sum compensation payment made to the person or to the person's partner;
the person's pension or (if the person's pension has a dependent child component) the compensation affected component of the person's pension is not payable to the person for the remainder of the period that was the person's lump sum preclusion period for the purposes of the Social Security Act.
"(2) If:
(a) a person's claim for a compensation affected pension is granted; and
(b) immediately before the claim is granted, the person was receiving a compensation affected payment under the Social Security Act at a rate that was reduced under section 1168 of that Act because of periodic compensation payments made to the person or to the person's partner;
then, for the remainder of the period that was the person's periodic payments period for the purposes of the Social Security Act, the person's pension or (if the person's pension has a dependent child component) the compensation affected component of the person's pension is to be reduced:
(c) by the amount (
'reduction amount' ) by which the person's compensation affected payment under the Social Security Act would be reduced under subsection 1168(3) of that Act if the person were still qualified for it; or(d) if the reduction amount is greater than the amount of the person's pension or of the compensation affected component of that pension (as the case may be)—to nil.
"(3) If:
(a) a person's claim for a compensation affected payment is granted; and
(b) immediately before the claim is granted, a compensation affected payment for which the person was qualified under the Social Security Act was not payable to the person because the rate of the person's pension was reduced to nil under section 1168 of that Act because of periodic compensation payments made to the person or to the person's partner;
then, for the purposes of subsection (2), the person is taken to have been receiving the compensation affected payment at a reduced rate immediately before the claim was granted.
"59V. If:
(a) the amount per fortnight of a person's pension or of the compensation affected component of a person's pension is to be reduced under this Part; and
(b) the rate of the person's pension is reduced under the ordinary income test Module or the assets test Module of a Rate Calculator;
the reduction under this Part is to apply to the person's pension as reduced under the ordinary income test Module or the assets test Module of the Rate Calculator.
"59W.(1) If:
(a) a person receives a series of periodic compensation payments; and
(b) the person receives payments of a compensation affected pension for the periodic payments period; and
(c) the person was not, at the time of the event that gave rise to the entitlement of the person to the compensation, receiving a compensation affected pension; and
(d) the payments referred to in paragraph (b) have not been reduced under section 59T;
the Commission may, by written notice to the person, determine that the person is liable to pay to the Commonwealth the amount specified in the notice.
Note: If a person was, at the time of the event that gave rise to the entitlement of the person to compensation, receiving a compensation affected pension, the compensation is treated as ordinary income. In cases where arrears of periodic compensation payments are treated as ordinary income and a 'compensation debt' is involved, see subsections 56H(7) and (8).
"(2) The amount specified in the notice is the
"(3) If:
(a) the person is not a member of a couple; or
(b) the person is a member of a couple and the person's partner:
(i) is not eligible for a compensation affected pension; or
(ii) is not qualified for a compensation affected payment under the Social Security Act;
the recoverable amount is equal to the smaller of:
(c) the sum of the periodic compensation payments; and
(d) the sum of the pension payments, or if the person's pension has a dependent child component) of the compensation affected components of the pension payments, made to the person for the periodic payments period.
"(4) If:
(a) the person is a member of a couple; and
(b) the person's partner:
(i) is eligible for a compensation affected pension; or
(ii) is qualified for a compensation affected payment under the Social Security Act;
the
(c) the sum of the periodic compensation payments; and
(d) the amount obtained by adding the pension payments, or (if the person's pension has a dependent child component) the compensation affected components of the pension payments, made to the person for the periodic payments period to:
(i) the pension payments, or (if the partner's pension has a dependent child component) the compensation affected components of the pension payments, made to the person's partner for the periodic payments period; or
(ii) the compensation affected payments made under the Social Security Act to the person's partner for the periodic payments period.
PERIODIC PAYMENTS RECOVERABLE AMOUNT EXAMPLES
Alice is not a member of a couple. She has no dependent children. She is receiving carer service pension at a fortnightly rate of $312.10. At the same time, she is receiving a series of periodic payments from an insurance company in settlement of her claim for compensation for an injury she received. The amount of the periodic payment is $400.00 per fortnight. She has been receiving both carer service pension and the periodic payments for 4 weeks. During those 4 weeks, Alice received a total of $624.20 in carer service pension payments, and she received a total of $800.00 in periodic payments from the insurance company for that period.
The Commission writes to Alice telling her of the recoverable amount she is liable to repay to the Commonwealth. Since Alice's situation is covered by subsection (3), the recoverable amount is the smaller of $624.20 and $800.00. Alice will be liable to repay to the Commonwealth $624.20.
William is a member of a couple. William is receiving invalidity service pension and his partner June is receiving partner service pension. They have no dependent children. At the same time, William is receiving a series of periodic payments from an insurance company in
settlement of his claim for compensation for an injury he received. The amount of the periodic payment is $400.00 per fortnight. He has been receiving both invalidity service pension and the periodic payments for 4 weeks. During those 4 weeks, William received a total of $624.20 in invalidity service pension payments and June received a total of $624.20 in partner service pension. William also received $800.00 in periodic payments from the insurance company for that 4 week period.
The Commission writes to William telling him of the recoverable amount he is liable to repay to the Commonwealth. Since William and June's situation is covered by subsection (4), the recoverable amount is the smaller of $1,248.40 ($624.20 plus $624.20) and $800.00. William will be liable to repay to the Commonwealth $800.00.
Richard is a member of a couple. Richard is receiving invalidity service pension and his partner, Ellen, is receiving partner service pension. They have one dependent child for whom Richard is receiving dependent child add-on. At the same time, Richard is receiving a series of periodic payments from an insurance company in settlement of his claim for compensation for an injury he received. The amount of the periodic payment is $400.00 per fortnight. He has been receiving both invalidity service pension and the periodic payments for 4 weeks. During those 4 weeks Richard received a total of $659.00 in invalidity service pension payments and Ellen received a total of $530.60 in partner service pension. Richard also received $800.00 in periodic payments from the insurance company for that 4 week period.
The Commission writes to Richard telling him of the recoverable amount he is liable to repay to the Commonwealth. Since Richard and Ellen's situation is covered by subsection (4), the recoverable amount is the smaller of $800.00 and $1,061.20. As the compensation affected component of Richard's pension is the only part which is recoverable (the dependent child add-on is exempt from recovery), $1,061.20 represents Ellen's pension ($530.60) and Richard's compensation affected component of his pension ($530.60). Richard will be liable to repay to the Commonwealth $800.00.
"59X. If the amount per fortnight of a person's pension, or of the compensation affected person's pension, is reduced under section 59T because of a series of periodic compensation payments, those payments are not to be regarded as ordinary income of either the person or the person's partner for the purposes of this Act.
"
"59Y.(1) If:
(a) a person seeks compensation in respect of the person's lost earnings or lost capacity to earn; and
(b) the person receives or claims a compensation affected pension for any period to which the compensation relates;
the Commission may give written notice to the person's potential compensation payer that the Commission may wish to recover an amount from the potential compensation payer.
Note: For 'potential compensation payer' see section 5NB.
"(2) The notice must contain:
(a) a statement of the potential compensation payer's obligation under section 59Z; and
(b) a statement of the effect of section 59ZD so far as it relates to a preliminary notice.
"59Z. If a potential compensation payer:
(a) is given notice under section 59Y in relation to a person; and
(b) either before or after receiving the notice, becomes liable to pay compensation to the person;
the potential compensation payer must give written notice of the liability to the Department within 7 days after:
(c) becoming liable; or
(d) receiving the notice;
whichever happens later.
Penalty: Imprisonment for 12 months.
Note: Subsection 4B(2) of the
Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of the offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.
"59ZA.(1) If:
(a) a compensation payer:
(i) is liable to pay compensation to a person for a disease, injury or condition of the person; or
(ii) has determined that a payment by way of compensation is to be made to a person in respect of a disease, injury or condition of the person; and
(b) the person receives or claims a compensation affected pension for the periodic payments period or the lump sum preclusion period;
the Commission may give written notice to the compensation payer that the Commission proposes to recover the amount specified in the notice from the compensation payer.
Note: For 'compensation payer' see section 5NB.
"(2) If a compensation payer is given notice under subsection (1), the compensation payer is liable to pay to the Commonwealth the amount specified in the notice.
"(3) The amount specified in the notice is the
"(4) If:
(a) the person claiming compensation is not a member of a couple; or
(b) the person claiming compensation is a member of a couple and the person's partner neither receives nor claims:
(i) a compensation affected pension; or
(ii) a compensation affected payment (under the Social Security Act);
for the periodic payments period or the lump sum preclusion period;
the
(c) the sum of the pension payments, or (if the person's pension has a dependent child component) of the compensation affected components of the pension payments, made to the person for the periodic payments period or the lump sum preclusion period;
(d) the compensation part of the lump sum payment or the sum of the amounts of the periodic compensation payments;
(e) the maximum amount that the compensation payer is liable to pay to the person in relation to the matter at any time after receiving:
(i) a preliminary notice under section 59Y in relation to the matter; or
(ii) if the compensation payer has not received a preliminary notice—the recovery notice under this section in relation to the matter.
"(5) If:
(a) the person claiming compensation is a member of a couple; and
(b) the person's partner receives or claims a compensation affected pension, or a compensation affected payment (under the Social Security Act), for the periodic payments period or the lump sum preclusion period;
the
(c) the amount obtained by adding the pension payments, or (if the person's pension has a dependent child component) the compensation affected components of the pension payments, made to the person for the periodic payments period or the lump sum preclusion period to:
(i) the pension payments, or (if the partner's pension has a dependent child component) the compensation affected components of the pension payments, made to the person's partner for the periodic payments period or the lump sum preclusion period; or
(ii) the compensation affected payments made under the Social Security Act to the person's partner for the periodic payments period or the lump sum preclusion period;
(d) the compensation part of the lump sum payment or the sum of the amount of the periodic compensation payments;
(e) the maximum amount that the compensation payer is liable to pay to the person in relation to the matter at any time after receiving:
(i) a preliminary notice under section 59Y in relation to the matter; or
(ii) if the compensation payer has not received a preliminary notice—the recovery notice under this section in relation to the matter.
"(6) A notice under this section must contain a statement of the effect of section 59ZD so far as it relates to a recovery notice.
"(7) This section applies to an amount payable by way of compensation in spite of any law of a State or Territory (however expressed) under which the compensation is inalienable.
"59ZB. If a compensation payer has been given a preliminary notice under section 59Y or a recovery notice under section 59ZA in relation to the compensation payer's liability, or possible liability, to pay compensation, the compensation payer is not liable to pay that compensation while the notice has effect.
"59ZC. If the Commonwealth is paid an amount that a compensation payer is liable to pay under section 59ZA in relation to a person, the compensation payer's liability to pay compensation to the person is discharged to the extent of that amount.
"59ZD.(1) If a compensation payer has been given a preliminary notice under section 59Y or a recovery notice under section 59ZA in relation to the payment of compensation to a person, the compensation payer must not make the compensation payment to the person unless:
(a) in the case of a preliminary notice—the Commission has given the compensation payer written notice that the preliminary notice is revoked; or
(b) in the case of a recovery notice—the compensation payer has paid to the Commonwealth the amount specified in the notice; or
(c) the Commission has given to the compensation payer written permission to pay the compensation.
Penalty: Imprisonment for 12 months.
Note: Subsection 4B(2) of the
Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of the offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.
"(2) A compensation payer who contravenes subsection (1) is, in addition to being liable to prosecution for an offence under subsection (1), liable to pay to the Commonwealth:
(a) if the contravention relates to a preliminary notice—an amount determined by the Commission; and
(b) if the contravention relates to a recovery notice—the recoverable amount specified in the notice.
"(3) The amount determined by the Commission under paragraph (2)(a) may not be more than the smallest of the amounts worked out under:
(a) if the person is not a member of a couple—subsection 59ZA(4); or
(b) if the person is a member of a couple—subsection 59ZA(5).
"(4) This section applies in relation to a payment by way of compensation in spite of any law of a State or Territory (however expressed) under which the compensation is inalienable.
"
"59ZE.(1) If:
(a) a person makes a claim against a potential compensation payer for compensation in respect of the person's lost earnings or lost capacity to earn; and
(b) the person receives or claims a compensation affected pension for any period to which the compensation relates; and
(c) the potential compensation payer's insurer, under a contract of insurance, may be liable to indemnify the potential compensation payer against any liability arising from the claim for compensation;
the Commission may give written notice to the insurer that the Commission may wish to recover an amount from the insurer.
"(2) The notice must contain:
(a) a statement of the insurer's obligation under section 59ZF; and
(b) a statement of the effect of section 59ZJ so far as it relates to a preliminary notice.
"59ZF. If an insurer:
(a) is given notice under section 59ZE in relation to a claim; and
(b) either before or after receiving the notice, becomes liable to indemnify the compensation payer, either wholly or partly, in relation to the claim;
the insurer must give written notice of the liability to the Department within 7 days after:
(c) becoming liable; or
(d) receiving the notice;
whichever happens later.
Penalty: Imprisonment for 12 months.
Note: Subsection 4B(2) of the
Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of the offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.
"59ZG.(1) If:
(a) an insurer is liable, under a contract of insurance, to indemnify a compensation payer against any liability arising from a person's claim for compensation in respect of the person's lost earnings or lost capacity to earn; and
(b) the person receives or claims a compensation affected pension for the periodic payments period or the lump sum preclusion period;
the Commission may give written notice to the insurer that the Commission proposes to recover the amount specified in the notice from the insurer.
"(2) If an insurer is given notice under subsection (1), the insurer is liable to pay to the Commonwealth the amount specified in the notice.
"(3) The amount specified in the notice is the
"(4) If:
(a) the person claiming compensation is not a member of a couple; or
(b) the person claiming compensation is a member of a couple and the person's partner neither receives nor claims:
(i) a compensation affected pension; or
(ii) a compensation affected payment (under the Social Security Act);
for the periodic payments period or the lump sum preclusion period;
the
(c) the sum of the pension payments, or (if the person's pension has a dependent child component) of the compensation affected components of the pension payments, made to the person for the periodic payments period or the lump sum preclusion period;
(d) the compensation part of the lump sum payment or the sum of the amounts of the periodic compensation payments;
(e) the maximum amount for which the insurer is liable to indemnify the compensation payer in relation to the matter at any time after receiving:
(i) a preliminary notice under section 59ZE in relation to the matter; or
(ii) if the insurer has not received a preliminary notice—the recovery notice under this section in relation to the matter.
"(5) If:
(a) the person claiming compensation is a member of a couple; and
(b) the person's partner receives or claims a compensation affected pension, or a compensation affected payment (under the Social Security Act), for the periodic payments period or the lump sum preclusion period;
the
(c) the amount obtained by adding the pension payments, or (if the person's pension has a dependent child component) the compensation affected components of the pension payments, made to the person for the periodic payments period or the lump sum preclusion period to:
(i) the pension payments, or (if the partner's pension has a dependent child component) the compensation affected components of the pension payments, made to the person's partner for the periodic payments period or the lump sum preclusion period; or
(ii) the compensation affected payments made under the Social Security Act to the person's partner for the periodic payments period or the lump sum preclusion period;
(d) the compensation part of the lump sum payment or the sum of the amount of the periodic compensation payments;
(e) the maximum amount for which the insurer is liable to indemnify the compensation payer in relation to the matter at any time after receiving:
(i) a preliminary notice under section 59ZE in relation to the matter; or
(ii) if the insurer has not received a preliminary notice—the recovery notice under this section in relation to the matter.
"(6) A notice under this section must contain a statement of the effect of section 59ZJ so far as it relates to a recovery notice.
"59ZH. If an insurer has been given a preliminary notice under section 59ZE or a recovery notice under section 59ZG in relation to the insurer's liability, or possible liability, to indemnify a compensation payer against a liability arising from a claim for compensation:
(a) the insurer is not liable to indemnify the compensation payer against that liability; and
(b) the compensation payer is not liable to pay that compensation; while the notice has effect.
"59ZI. Payment of an amount that an insurer is liable to pay to the Commonwealth under section 59ZG in relation to a person claiming compensation operates, to the extent of the payment, as a discharge of:
(a) the insurer's liability to the compensation payer; and
(b) the compensation payer's liability to pay compensation to the person.
"59ZJ.(1) If an insurer has been given a preliminary notice under section 59ZE or a recovery notice under section 59ZG in relation to the insurer's liability to make a payment indemnifying a compensation payer, the insurer must not make the payment to the compensation payer unless:
(a) in the case of a preliminary notice—the Commission has given the insurer written notice that the preliminary notice is revoked; or
(b) in the case of a recovery notice—the insurer has paid to the Commonwealth the amount specified in the notice; or
(c) the Commission has given the insurer written permission to make the payment to the compensation payer.
Penalty: Imprisonment for 12 months.
Note: Subsection 4B(2) of the
Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of the offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.
"(2) An insurer who contravenes subsection (1) is, in addition to being liable to prosecution for an offence under subsection (1), liable to pay to the Commonwealth:
(a) if the contravention relates to a preliminary notice—an amount determined by the Commission; and
(b) if the contravention relates to a recovery notice—the recoverable amount specified in the notice.
"(3) The amount determined by the Commission under paragraph (2)(a) may not be more than the smallest of the amounts worked out under:
(a) if the person claiming compensation is not a member of a couple— subsection 59ZG(4); or
(b) if the person claiming compensation is a member of a couple— subsection 59ZG(5).
"
"59ZK.(1) The Commission is not to give a recovery notice to an insurer (under section 59ZG) about a matter if there is a recovery notice to a compensation payer (under section 59ZA) in force in relation to the same matter.
"(2) The Commission is not to give a recovery notice to a compensation payer (under section 59ZA) about a matter if there is a recovery notice to an insurer (under section 59ZG) in force in relation to the same matter.
"59ZL.(1) For the purposes of this Part, the Commission may treat the whole or part of a compensation payment as:
(a) not having been made; or
(b) not liable to be made;
if the Commission thinks it is appropriate to do so in the special circumstances of the case.
"(2) If:
(a) a person is eligible for a compensation affected pension; and
(b) the person's partner receives compensation; and
(c) the set of circumstances giving rise to the compensation are not related to the set of circumstances that give rise to the person's eligibility for the compensation affected pension;
the fact that those 2 sets of circumstances are unrelated does not in itself constitute special circumstances for the purposes of subsection (1).
"59ZM. This Part binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.".
(a) by omitting from paragraph (a) of the definition of "dependent child component" in subsection (1) "added to the person's maximum basic rate; or" and substituting the following word and subparagraphs:
"added:
(i) in the case of a service pension—to the person's maximum basic rate; or
(ii) in the case of income support supplement—to the person's provisional rate; or";
(b) by inserting in Note 1 after the definition of "compensation affected component" in subsection (1) "(in the case of a service pension)" after "see";
(c) by adding at the end of Note 1 after the definition of "compensation affected component" in subsection (1) "and (in the case of income support supplement) Modules B, F and G of the Rate Calculator at the end of section 45Y";
(d) by adding at the end of Note 2 after the definition of "compensation affected component" in subsection (1) "for service pensions and Modules A and H of the Rate Calculator at the end of section 45Y for income support supplement";
(e) by inserting after paragraph (c) of the definition of "compensation affected pension" in subsection (1) the following word and paragraph:
"or (d) income support supplement;".
"(ab) income support supplement for which the person is eligible under section 45AB; or".
"45AB.(1) A person is eligible for income support supplement if the person:
(a) is a war widow or war widower; and
(b) is an Australian resident; and
(c) is in Australia; and
(d) personally provides constant care for a severely handicapped person; and
(e) lives in the same house as the handicapped person or in a house adjacent to that of the handicapped person.
"(2) If:
(a) a person is personally providing constant care for a severely handicapped person; and
(b) the person temporarily ceases to provide that care; and
(c) the period, or the aggregate of the periods, for which the person ceases to provide that care is:
(i) not more than 42 days in any calendar year; or
(ii) another period that the Commission, for any special reason in the particular case, approves in writing;
the person does not cease to be eligible for income support supplement merely because of that cessation.
"(3) If:
(a) subsection (2) applies to a period during which a person ceases to provide care for a severely handicapped person so that the person does not cease to be eligible for income support supplement because of that cessation; and
(a) by omitting items 2, 3, 4 and 5 and substituting the following items:"
2. Paragraph 45ZK(2)(b): Omit '8',
' 8A', '8B' and '8C, substitute '2', '3', '4' and '5' respectively.
3. Subsection 45ZL(2): Omit '8A', substitute '3'.
4. Subsection 45ZM(3): Omit '8B', substitute '4'.
5. Section 45ZN: Omit '8', substitute '2'.";
(b) by omitting from item 105 "or".
Note: The amendments of those Acts are required consequential upon the repeal of the
Seamen's War Pensions and Allowances Act 1994 by section 47 of theVeterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994.
AMENDMENTS OF RATE CALCULATOR IN SECTION 45X OF THE VETERANS' ENTITLEMENTS ACT 1986
"45X-B1. The rate of income support supplement for a person who is not permanently blind is an annual rate worked out as follows (fortnightly amounts are provided for information only):
Work out the amount of the person's | |
Work out the amount per year (if any) for rent assistance using MODULE D below. | |
Add up the amounts obtained in Steps 1 and 2: the result is called the | |
Apply the adjusted income test using MODULE E below to work out the reduction for adjusted income. | |
Take the amount obtained in Step 4 away from the maximum payment rate: the result is called the | |
Apply the assets test using MODULE F below to work out the reduction for assets. | |
Take the reduction for assets away from the maximum payment rate: the result is called the | |
Work out the person's ceiling rate using points 45X-A3 and 45X-A4. | |
Find out, using points 45X-A5 and 45X-A6, whether the pension payable to the person under Part II or Part IV is compensation reduced. | |
If the pension is not compensation reduced, go directly to Step 12. | |
If the pension is compensation reduced, work out the amount of the reduction in the pension using point 45X-A7; then go to Step 10. | |
This Step applies only to a person whose pension under Part II or IV is compensation reduced. Add the amount of the reduction in the person's pension (see Step 9) to the person's ceiling rate (see Step 8): the result is called the | |
This Step applies only to a person whose pension under Part II or IV is compensation reduced. | |
Work out the person's provisional rate as follows: compare the adjusted income reduced rate (see Step 5), the assets reduced rate (see Step 7) and the adjusted ceiling rate (see Step 10); the person's | |
| |
| |
| |
Go now to Step 13. | |
This Step applies only to a person whose pension under Part II or IV is not compensation reduced. | |
Work out the person's provisional rate as follows: compare the adjusted income reduced rate, the assets reduced rate and the ceiling rate; the person's | |
| |
| |
|
Work out the amount per year (if any) payable by way of remote area allowance using MODULE G below. | |
Add the amount obtained in Step 13 to the person's provisional rate (see Step 11 or 12): the result is the |
Note 1: For 'adjusted income' see section 5H.
Note 2: If a person's assets reduced rate is less than the person's adjusted income reduced rate, the person may be able to take advantage of provisions dealing with:
• financial hardship (sections 52Y and 52Z);
• pension loans scheme (sections 52ZA to 52ZM).
Note 3: If a person's rate is reduced under Step 11 or 12, the order in which the reduction is to be made against the components of the maximum payment rate is laid down by section 45V (maximum basic rate first, then rent assistance).
Note 4: The rate calculation for a member of a couple is affected by the operation of point 45X-A2.
Note 5: The amount of a fortnightly instalment of income support supplement will be rounded off to the nearest multiple of 10 cents (see subsections 58A(2) and (3)).
Note 6: For the minimum amount of a fortnightly instalment of income support supplement see subsection 58A(4).
"45X-B2. The rate of income support supplement for a person who is permanently blind is an annual rate worked out as follows (fortnightly amounts are provided for information only):
Work out the person's | |
Find out using points 45X-A5 and 45X-A6 whether the pension payable to the person under Part II or Part IV is compensation reduced. If the pension is not compensation reduced, go directly to Step 3. | |
If the pension is compensation reduced, work out the amount of the reduction in the pension using point 45X-A7 and add that amount to the person's ceiling rate: the result is called the | |
Work out the amount per year for rent assistance using MODULE D below. | |
Work out the amount per year (if any) payable by way of remote area allowance using MODULE G below. | |
If the pension payable to the person is not compensation reduced, add the amount obtained in Step 4 to the person's ceiling rate (see Step 1): the result is the | |
If the pension payable to the person is compensation reduced, add the amounts obtained in Steps 3 and 4 to the person's adjusted ceiling rate (see Step 2): the result is the |
"45X-C1. A person's maximum basic rate depends on the person's family situation. Work out which family situation in Table C applies to the person. The maximum basic rate is the corresponding amount in column 3.
TABLE C MAXIMUM BASIC RATES | |||
column 1 | column 2 | column 3 | column 4 |
item no. | person's family situation | rate per year | rate per fortnight |
1. | Not member of couple | $8,361.60 | $321.60 |
2. | Partnered (partner getting neither pension nor benefit) | $8,361.60 | $321.60 |
3. | Partnered (partner getting pension or benefit) | $6,973.20 | $268.20 |
4. | Member of illness separated or respite care couple | $8,361.60 | $321.60 |
Note 1: For 'member of a couple', 'partnered (partner getting neither pension nor benefit)', 'partnered (partner getting pension or benefit)' see section 5E, and for 'illness separated couple' and 'respite care couple' see subsections 5R(5) and (6).
Note 2: The maximum basic rates are indexed 6 monthly in line with CPI increases (see sections 59B to 59E).".
"45X-G1. An amount by way of remote area allowance is to be added to a person's provisional rate if:
(a) the person's usual place of residence is situated in a remote area; and
(b) the person is physically present in the remote area.
Note: For 'remote area' and 'physically present in the remote area' see section 5Q.
"45X-G2. Point 45X-G1 does not apply if the person's provisional rate is nil.
"45X-G3. The rate of remote area allowance payable to a person is worked out by using Table G. Work out which family situation in the Table applies to the person. The rate of remote area allowance is the corresponding amount in column 3.
TABLE G REMOTE AREA ALLOWANCE | |||
column 1 | column 2 | column 3 | column 4 |
item no. | person's family situation | allowance per year | allowance per fortnight |
1. | Not member of couple | $455.00 | $17.50 |
2. | Partnered (partner receiving remote area allowance) | $390.00 | $15.00 |
3. | Partnered (partner not receiving remote area allowance) | $455.00 | $17.50 |
Note: For 'member of a couple' and 'partnered' see section 5E.
"45X-G4. For the purposes of Table G in point 45X-G3, a member of an illness separated couple or a respite care couple is to be treated as not being a member of a couple.".
AMENDMENTS OF RATE CALCULATOR IN SECTION 45Y OF THE VETERANS' ENTITLEMENTS ACT 1986
"45 Y-B1. The rate of income support supplement for a person who is not permanently blind is an annual rate worked out as follows (fortnightly amounts are provided for information only):
Work out the person's | |
Apply the adjusted income test using MODULE D below to work out the reduction for adjusted income. | |
Take the amount obtained in Step 2 away from the amount obtained in Step 1: the result is called the | |
Apply the assets test using MODULE E below to work out the reduction for assets. | |
Take the amount obtained in Step 4 from the amount obtained in Step 1: the result is called the | |
Work out the person's ceiling rate using points 45Y-A3 and 45Y-A4. | |
Find out, using points 45Y-A5 and 45Y-A6, whether the pension payable to the person under Part II or Part IV is compensation reduced. If the pension is not compensation reduced, go directly to Step 10. If the pension is compensation reduced, work out the amount of the reduction in the pension using point 45Y-A7; then go to Step 8. | |
This Step applies only to a person whose pension under Part II or IV is compensation reduced. Add the amount of the reduction in the person's pension (see Step 7) to the person's ceiling rate (see Step 6): the result is called the | |
This Step applies only to a person whose pension under Part II or IV is compensation reduced. Work out the person's provisional rate as follows: compare the adjusted income reduced rate (see Step 3), the assets reduced rate (see Step 5) and the adjusted ceiling rate (see Step 8); the person's | |
| |
| |
| |
Go now to Step 11. | |
This Step applies only to a person whose pension under Part II or IV is not compensation reduced. Work out the person's provisional rate as follows: compare the adjusted income reduced rate (see Step 3), the assets reduced rate (see Step 5) and the ceiling rate (see Step 6); the person's | |
| |
| |
| |
Work out the amount per year (if any) for rent assistance using MODULE F below. | |
Work out the amount per year (if any) for dependent children using MODULE G below. | |
Add up the amounts obtained in Steps 11 and 12. |
Apply the maintenance income test to the maintenance income of the person using MODULE H below to work out the | |
Take the reduction for maintenance income away from the result obtained in Step 13. | |
Work out the amount per year (if any) payable by way of remote area allowance using MODULE I below. | |
Add the amounts obtained in Steps 15 and 16 to the person's provisional rate (see Step 9 or 10): the result is the |
Note 1: If a person's assets reduced rate is less than the person's adjusted income reduced rate, the person may be able to take advantage of provisions dealing with:
• financial hardship (sections 52Y and 52Z);
• pension loans scheme (section 52ZA).
Note 2: The rate calculation for a member of a couple is affected by the operation of point 45Y-A2.
Note 3: The amount of a fortnightly instalment of income support supplement will be rounded off to the nearest multiple of 10 cents (see subsections 58A(2) and (3)).
Note 4: For the minimum amount of a fortnightly instalment of income support supplement see subsection 58A(4).
"45Y-B2. The rate of income support supplement for a person who is permanently blind is an annual rate worked out as follows (fortnightly amounts are provided for information only):
Work out the person's | |
Find out using points 45Y-A5 and 45Y-A6 whether the pension payable to the person under Part II or Part IV is compensation reduced. | |
If the pension is not compensation reduced, go directly to Step 3. | |
If the pension is compensation reduced, work out the amount of the reduction in the pension using point 45Y-A7 and add that amount to the person's ceiling rate: the result is called the | |
Work out the amount per year (if any) for rent assistance using MODULE F below. | |
Work out the amount per year (if any) for dependent children using MODULE G below. | |
Add up the amounts obtained in Steps 3 and 4. | |
Apply the maintenance income test to the maintenance income of the person using MODULE H below to work out the | |
Take the reduction for maintenance income away from the result obtained in Step 5. | |
Work out the amount per year (if any) payable by way of remote area allowance using MODULE I below. | |
If the pension payable to the person is not compensation reduced, add the amounts obtained in Steps 7 and 8 to the person's ceiling rate (see Step 1): the result is the | |
If the pension payable to the person is compensation reduced, add the amounts obtained in Steps 7 and 8 to the person's adjusted ceiling rate (see Step 2): the result is the |
"45Y-C1. A person's maximum basic rate depends on the person's family situation. Work out which family situation in Table C applies to the person. The maximum basic rate is the corresponding amount in column 3.
TABLE C MAXIMUM BASIC RATES | |||
column 1 | column 2 | column 3 | column 4 |
item no. | person's family situation | rate per year | rate per fortnight |
1 | Not member of couple | $8,361.60 | $321.60 |
2. | Partnered (partner getting neither pension nor benefit) | $8,361.60 | $321.60 |
3. | Partnered (partner getting pension or benefit) | $6,973.20 | $268.20 |
4. | Member of illness separated or respite care couple | $8,361.60 | $321.60 |
Note 1: For 'member of a couple', 'partnered (partner getting neither pension nor benefit)' and 'partnered (partner getting pension or benefit)' see section 5E, and for 'illness separated couple' and 'respite care couple' see subsections 5R(5) and (6).
Note 2: The maximum basic rates are indexed 6 monthly in line with CPI increases (see sections 59B to 59E).".
"45Y-I1. An amount by way of remote area allowance is to be added to a person's provisional rate if:
(a) the person's usual place of residence is situated in a remote area; and
(b) the person is physically present in the remote area.
Note: For 'remote area' and 'physically present in the remote area' see section 5Q.
"45Y-12. Point 45Y-I1 does not apply if the person's provisional rate is nil.
"45Y-I3. The rate of remote area allowance payable to a person is worked out using Table I. Work out which family situation in the Table applies to the person. The rate of remote area allowance is the corresponding amount in column 3 plus an additional corresponding amount in column 5 for each income support supplement add-on child of a person.
TABLE I REMOTE AREA ALLOWANCE | |||||
column 1 | column 2 | column 3 | column 4 | column 5 | column 6 |
item no. | person's family situation | basic allowance per year | basic allowance per fortnight | additional allowance per year | additional allowance per fortnight |
1. | Not member of couple | $455.00 | $17.50 | $182.00 | $7.00 |
2. | Partnered— partner receiving remote area allowance | $390.00 | $15.00 | $182.00 | $7.00 |
3. | Partnered— partner not receiving remote area allowance | $455.00 | $17.50 | $182.00 | $7.00 |
Note 1: For 'member of a couple' and 'partnered' see section 5E.
Note 2: For 'income support supplement add-on child' see point 45Y-I5.
"45Y-I4. For the purposes of Table I in point 45Y-I3, a member of an illness separated couple or a respite care couple is to be treated as not being a member of a couple.
"45Y-I5. A person has an income support supplement add-on child if:
(a) the person is receiving income support supplement; and
(b) the person has a child; and
(c) the person's income support supplement rate includes a dependent child add-on for the child.
"45Y-I6. Additional allowance is not payable for a child unless the child is physically present in Australia.
"45 Y-I7. If 2 persons have an income support supplement add-on for the same child, additional allowance is not payable to either person for that child except as directed by the Commission. The Commission may direct that additional allowance is payable either to one of the persons or to both.".
FURTHER AMENDMENTS OF THE VETERANS' ENTITLEMENTS ACT
1986 RELATING TO DIVISION 3 OF PART 2
(a) Omit the entry relating to 'disability pension', substitute:
"disability pension 5Q(1)".
(b) Insert in their respective appropriate alphabetical positions (determined on a letter-by-letter basis):
"adjusted income 5H(1)
pension 5Q(1)".
(a) After "service pensioner" insert "or income support supplement recipient".
(b) Omit "Part III", substitute "Parts III, IIIA and IIIB".
Omit "8B" and "III", substitute "4" and "IIIB" respectively.
Omit "46B to 46D", substitute "46AA to 46AG".
Omit "46E" and "46B to 46D", substitute "46AG" and "46AA to 46AF" respectively.
Insert "(ia) income support supplement; or".
Omit "8B" and "III", substitute "4" and "IIIB" respectively.
Omit "14", substitute "11".
Omit "14", substitute "11".
Omit "14", substitute "11".
(a) Omit "21" (wherever occurring), substitute "18".
(b) Omit "III", substitute "IIIB".
Omit the definition, substitute:
"
(a) to a person's maximum basic rate when working out the rate of the person's service pension; or
(b) to a person's provisional rate or ceiling rate (as the case requires) when working out the rate of the person's income support supplement;".
Omit "Part III", substitute "Parts III and IIIA".
After "service pension" insert ", income support supplement".
(a) After "pension" (first occurring) insert "or income support supplement".
(b) Add at the end:
"or (c) point 45Y-G3 of the Income Support Supplement Rate Calculator Where There Are Dependent Children;".
(a) After "pension" (first occurring) insert "or income support supplement".
(b) Add at the end:
"or (c) point 45Y-G6 of the Income Support Supplement Rate Calculator Where There Are Dependent Children;".
Omit the definition.
Add at the end:
"Note: The qualifying age for income support supplement is separately provided for (see subsection 45A(2)).".
Omit "Part III", substitute "Parts III and IIIA".
(a) After "pension" (whenever occurring) insert "or income support supplement".
(b) After "veteran pensioner add-on child" (wherever occurring) insert "or an income support supplement add-on child (as the case may be)".
Add at the end "and for an income support supplement add-on child see point 45Y-I5".
Omit"; and".
Omit the paragraph.
Omit "19", substitute "16".
Omit "19", substitute "16".
Omit "19", substitute "16".
Omit "19", substitute "16".
Omit "12", substitute "9".
Omit "12", substitute "9".
Omit "1,591.20" (twice occurring), "2,652.00", "61.20" (twice occurring) and "102.00", substitute "1, 606.80", "2, 683.20", "61.80" and "103.20" respectively. '
Omit "45X-C8 and 45X-C9", substitute "45X-D9 and 45X-D10".
Omit "1,591.20" (twice occurring), "2,652.00", "1,778.40" (twice occurring) and "837.20", substitute "1,606.80", "2,683.20", "1,799.20" and "847.60" respectively.
Omit "45X-A1 (Steps 5 to 12)", substitute "45X-J31 (Steps 4 to 12)".
Omit "45X-A1 (Steps 7 to 12)", substitute "45X-B1 (Steps 6 to 12)".
Omit "45Y-A1 (Steps 4 to 9)", substitute "45Y-J31 (Steps 2 to 10)".
Omit "2,116.40" (twice occurring), "3,182.40", "81.40" (twice occurring) and "122.40", substitute "2,137.20", "3,218.80", "82.20" and "123.80" respectively.
Omit "2,116.40" (twice occurring), "3,182.40" (twice occurring), "1,955.20" (twice occurring), "977.60" (twice occurring), "2,230.80" (twice occurring) and "1,115.40" (twice occurring), substitute "2,137.20", "3,218.80", "1,976.00", "988.00", "2,256.80" and "1,128.40" respectively.
Omit "1,669.20", "2,355.60", "64.20" and "90.60" substitute "1,747.20", "2,446.60", "67.20" and "94.10" respectively.
Omit "45Y-A1 (Steps 5 to 7)", substitute "45Y-B1 (Steps 14 and 15) and point 45Y-B2 (Steps 6 and 7)".
Omit "45Y-A1 (Steps 6 to 10)", substitute "45Y-B1 (Steps 4 to 10)".
Omit "8B", substitute "4".
Omit "8", substitute "2".
Omit "8A", substitute "3".
Omit "21", substitute "18".
After "service pension" insert "or income support supplement".
Omit "15", substitute "12".
After "Calculator" insert "or Income Support Supplement Rate Calculator".
Omit "8A of Part III", substitute "3 of Part IIIB".
Omit "service".
Omit "Division 15 of Part III", substitute "Division 12 of Part IIIB".
Omit "Division 19 of Part III" (wherever occurring), substitute "Division 16 of Part IIIB".
(a) Omit "Division 19 of Part III", substitute "Division 16 of Part IIIB".
(b) Omit "service".
Omit "service".
Omit the paragraph, substitute:
"(a) an application to increase the rate of:
(i) a pension granted under Part II or IV; or
(ii) a service pension granted under Part III; or
(iii) income support supplement granted under Part IIIA;".
Add at the end:
"; or (d) a claim for income support supplement under Part IIIA".
(a) Omit "or 39D", substitute ", 39D or 451".
(b) Omit "Division 19 of Part III", substitute "Division 16 of Part IIIB".
(a) After "III" insert "or IIIA".
(b) Omit "or 39F(b)", substitute ", 39F(b) or 45K(b)".
After "III" insert ", IIIA".
After "III" insert ", IIIA".
(a) Omit "or 39D", substitute ", 39D or 45I".
(b) Omit "Division 19 of Part III", substitute "Division 16 of Part IIIB".
Omit "service" (wherever occurring).
After "service pension" (wherever occurring) insert "or income support supplement".
Omit "service pension" (wherever occurring), substitute "pension".
After "service pension" insert "or income support supplement".
After "service pension" insert ", income support supplement, ".
CONSEQUENTIAL AMENDMENTS OF OTHER ACTS RELATING
TO DIVISION 3 OF PART 2
After "Part III" insert "or income support supplement under Part IIIA".
After "Part III" insert "or income support supplement under Part IIIA".
After "Part III" insert "or income support supplement under Part IIIA".
Omit "8A of Part III", substitute "3 of Part IIIB".
Omit "8A of Part III", substitute "3 of Part IIIB".
Omit "8A of Part III", substitute "3 of Part IIIB".
Omit "8A of that Part", substitute "3 of Part IIIB".
(a) Omit "15 of Part III" (wherever occurring), substitute " 12 of Part IIIB".
(b) Omit "8A of Part III" and "8A of that Part", substitute in each case "3 of that Part".
SCHEDULE TO BE INSERTED IN THE VETERANS' ENTITLEMENTS ACT 1986
CLASSES OF PERMANENT VISAS
Item No. | Class description | Relevant item in Schedule 1 to Migration Regulations |
1. | Burmese in Burma (Special Assistance) (Class AB) | 1102 |
2. | Burmese in Thailand (Special Assistance) (Class AC) | 1103 |
3. | Cambodian (Special Assistance) (Class AE) | 1105 |
4. | Camp Clearance (Migrant) (Class AF) | 1106 |
5. | Citizens of the Former Yugoslavia (Special Assistance) (Class AI) | 1109 |
6. | East Timorese In Portugal (Special Assistance) (Class AM) | 1113 |
7. | Minorities of Former USSR (Special Assistance) (Class AV) | 1122 |
8. | Refugee and Humanitarian (Migrant) (Class BA) | 1127 |
9. | Sudanese (Special Assistance) (Class BD) | 1130 |
CONSEQUENTIAL AMENDMENTS OF OTHER ACTS RELATING
TO PART 4
Omit ", the
Omit "or the
Omit the paragraph.
Omit the paragraph, substitute:
"(b) the woman is receiving a pension under Part II or IV of the
Veterans' Entitlements Act 1986 at a rate determined under or by reference to subsection 30(1) of that Act;".
Omit "subparagraph (b)(i) or (ii)", substitute "paragraph (b)".
Omit the paragraph.
Omit the paragraph.
Omit "or".
Omit the subparagraphs.
Omit the paragraph, substitute:
"(b) the woman 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.".
Omit the paragraph, substitute:
"(b) the woman 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.".
Omit the paragraph, substitute:
"(b) the woman 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.".
Omit the paragraph, substitute:
"(b) the woman 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;".
Omit "subparagraph (b)(i) or (ii)", substitute "paragraph (b)".
Omit the paragraph, substitute:
"(b) the woman 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;".
Omit "subparagraph (b)(i) or (ii)", substitute "paragraph (b)".
Omit the paragraph, substitute:
"(b) the woman 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;".
Omit "subparagraph (b)(i) or (ii)", substitute "paragraph (b)".
Omit the subsection, substitute:
"(3) A mature age partner allowance is not payable to a person if the person 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.".
Omit the paragraph, substitute:
"(b) the woman 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;".
Omit "subparagraph (b)(i) or (ii)", substitute "paragraph (b)".
Omit the paragraph, substitute:
"(b) the woman 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;".
Omit "subparagraph (b)(i) or (ii)", substitute "paragraph (b)".
Omit the paragraph, substitute:
"(b) the woman 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.".
Omit "or the
Omit "or the SWPAA" (wherever occurring).
Omit the definition.
Omit the paragraph, substitute:
"(a) an armed services widow 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; and".
Omit the paragraph, substitute:
"(a) an armed services widow 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; and".
"(a) an armed services widow 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; and".
Omit "subparagraph (a)(i) or (a)(ii)", substitute "paragraph (a)".
Omit "or the
1. No. 27, 1986, as amended. For previous amendments, see No. 106, 1986 (as amended by Nos. 78 and 130, 1987); No. 130, 1986; No. 78, 1987 (as amended by No. 164, 1989); No. 88, 1987; No. 130, 1987 (as amended by No. 133, 1988); No. 13, 1988 (as amended by No. 83, 1989; and No. 73, 1991); Nos. 35, 75 and 99, 1988; No. 134, 1988 (as amended by No. 164, 1989); No. 135, 1988 (as amended by Nos. 84 and 164, 1989; and No. 73, 1991); Nos. 59, 83, 84, 93 and 163, 1989; No. 164, 1989 (as amended by No. 56, 1990; and No. 73, 1991); Nos. 56, 84 and 119, 1990; No. 2, 1991 (as amended by No. 73, 1991); No. 72, 1991; No. 73, 1991 (as amended by No. 74, 1991); Nos. 74, 122, 175 and 208, 1991; Nos. 12, 51, 70, 94 and 228, 1992; Nos. 27, 36 and 121, 1993; and Nos. 54, 60, 68, 78, 98 and 109, 1994.
2. No. 98, 1994.
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House of Representatives on 20 October 1994
Senate on 8 November 1994
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