Veterans' Affairs (1995-96 Budget Measures) Legislation Amendment Act 1995 (Cth)
PART 1—PRELIMINARY
Section
1. Short title
2. Commencement
3. Schedules
SCHEDULE 1
AMENDMENTS OF THE DEFENCE SERVICE HOMES ACT 1918
SCHEDULE 2
AMENDMENTS OF THE VETERANS’ ENTITLEMENTS ACT 1986 RELATING TO PRELIMINARY ISSUES CONCERNING ELIGIBILITY FOR PAYMENTS
SCHEDULE 3
AMENDMENT OF THE VETERANS’ ENTITLEMENTS ACT 1986 RELATING TO PENSIONS OTHER THAN SERVICE PENSIONS
CONTENTS–
SCHEDULE 4
AMENDMENTS OF THE VETERANS’ ENTITLEMENTS ACT 1986 RELATING TO SERVICE PENSIONS
SCHEDULE 5
CONSEQUENTIAL AMENDMENT OF THE SOCIAL SECURITY ACT 1991 RELATING TO SERVICE PENSIONS
SCHEDULE 6
AMENDMENTS OF THE VETERANS’ ENTITLEMENTS ACT 1986 RELATING TO INCOME SUPPORT SUPPLEMENT
SCHEDULE 7
AMENDMENT OF THE VETERANS’ ENTITLEMENTS ACT 1986 RELATING TO MEDICAL AND OTHER TREATMENT
SCHEDULE 8
AMENDMENTS OF THE VETERANS’ ENTITLEMENTS ACT 1986 RELATING TO SENIORS HEALTH CARDS
[
The Parliament of Australia enacts:
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SCHEDULE 1 Section 3
AMENDMENTS OF THE DEFENCE SERVICE HOMES ACT 1918
Add at the end “and includes an assignee in relation to a subsidised advance”.
(a) Omit “he”, substitute “he or she”.
(b) Add at the end “or”.
Omit “him”, substitute “him or her”.
(a) Omit “he”, substitute “he or she”.
(b) Add at the end “or”.
Add at the end:
“(g) land which he or she holds by way of a company title; or
(h) land of which he or she is the lessee under a lease that the Bank considers is adequate security for a subsidised advance to be made to him or her;”.
Add at the end:
“Note: An interest in a holding may be a joint interest in accordance with section 4AB.”.
Add at the end:
“or (c) a granny flat;”.
Omit “or a certificate of entitlement”, substitute “, a certificate of entitlement or a certificate of assignment”.
Insert:
“(da) cancelling a subsidy under section 27A;”.
Insert:
“
(a) that is the principal home of an eligible person; and
(b) that is not owned, wholly or partly, by the eligible person; and
(c) that is, or is a part of, a private residence; and
(d) in respect of which the eligible person has a right of accommodation for an indefinite period.
Omit “For the purposes of”, substitute “Subject to subsection (2AA), for the purposes of”.
Insert:
“(2AA) Subsection (2A) does not apply in relation to a person who, during the Second World War, was:
(a) a member of the Women’s Royal Australian; Naval Service, the Australian Women’s Auxiliary Australian Air Force; or
(b) a member of the Australian Army Medical Women’s Service, other than a member of the Australian Imperial Force; or
(c) a full-time paid member of the Voluntary Aid Detachment.
“(2AB) For the purposes of the definitions of
(a) the person’s husband is or was an eligible person, and as a result they were, under subsection 4A(1), treated together as an eligible person for the purposes of this Act; or
(b) the person’s husband was an eligible person, and the person became an eligible person because her husband died; or
(c) the person is an eligible person because she is a dependent parent.”.
Add at the end:
“(9) A reference in this Act to an advance that a person may seek from the Bank, includes a reference to such an advance that a person may seek from the Bank on behalf of an assignee, or a proposed assignee, of the person.
“(10) A reference in this Act to an assignee of a person is a reference to another person in relation to whom the first-mentioned person is an assignor.
“(11) For the purposes of the definitions of
(a) a reference in those definitions to the person to whom the advance in question is made is a reference to the assignee; and
(b) the assignee is not taken to have previously been a purchaser or borrower merely because the assignee previously became a purchaser or borrower, either as an eligible person in his or her own right or as an assignee in relation to another assignor.
“(12) For the purposes of paragraph (b) of the definition of
“(13) For the purposes of the definitions of
(a) was an assignor merely because the person is or was the personal representative of a deceased assignor; or
(b) was an assignor merely because the person is or was an assignor together with the person’s spouse, and became such an assignor on the basis that the person’s spouse was an eligible person.”.
Insert:
“4AB.(1) A reference in this Act to any of the following kinds of property:
(a) land;
(b) a suburban holding under the Crown Lands Consolidation Act, 1913 of New South Wales, or under that Act as amended at any time, or under an Act enacted in substitution for that Act;
(c) a unit defined in a units plan registered in accordance with a law of the Australian Capital Territory relating to unit titles;
(d) a right of residence in a retirement village;
includes a reference to such property held by a person as a joint tenant or tenant in common.
“(2) A reference in this Act to a dwelling-house includes a reference to a dwelling-house that is built in or on land, such a suburban holding or such a unit, that is held by a person as a joint tenant or tenant in common.
“(3) A reference in this Act to a purchaser or borrower includes a reference to a person who is a purchaser or borrower as a joint tenant or tenant in common.
Note: Section 17A deals with the issue of certificates of entitlement in relation to joint tenancies and tenancies in common.”.
Omit the heading, substitute:
“
Add at the end:
“; (e) a certificate of assignment”.
Omit “advance to the applicant”, substitute “advance to the applicant or the assignee of the applicant”.
Omit the paragraphs, substitute:
“(c) if subsection 34(2) applies—specify the rates of interest and proportions of the further advance to which each of those rates of interest apply, as required by that subsection;
(d) in any other case—specify the rate of interest payable on the advance; and”.
Add at the end:
“(4) A certificate of entitlement issued under this section must:
(a) if the certificate relates to an initial advance, or a further advance, that is not an assigned advance—specify that the advance is for the purposes referred to in subsection 18(2) (other than paragraph 18(2)(1)); or
(b) if the certificate relates to an initial advance, or a further advance, that is an assigned advance—specify that the advance is for the purpose of assisting the assignee of the applicant in obtaining a right of residence in the retirement village in question; or
(c) if the certificate relates to an additional advance that is not an assigned advance—specify that the advance is for the purposes referred to in subsection 18(3) (other than paragraph 18(3)(g)); or
(d) if the certificate relates to an additional advance that is an assigned advance—specify that the advance is for the purpose of assisting the assignee of the applicant in continuing to hold a right of residence in the retirement village in question; or
(e) in any other case—specify the purpose of the advance.”.
Insert:
“17A.(1) The Secretary must not issue a certificate of entitlement under this Part to an applicant if the applicant’s interest or right is in the form of a joint tenancy, unless the Secretary is satisfied that:
(a) the application was made by a person and his or her wife or husband who, under subsection 4A(1), are treated together as an eligible person for the purposes of this Act; or
(b) the only other joint tenant is the applicant’s wife or husband, who is also an eligible person.
“(2) The Secretary must not issue a certificate of entitlement under this Part to an applicant if the applicant’s interest or right is in the form of a tenancy in common, unless the Secretary is satisfied that the interest or right, at the time when the application was lodged, would have had a value, if it were unencumbered, of not less than the sum of:
(a) all advances in relation to the applicant, in respect of which subsidy is payable; and
(b) the advance to which the certificate would relate.
“(3) In this section:
Omit the paragraph, substitute:
“(b) the person:
(i) is not the owner of a dwelling-house; and
(ii) does not have a right of residence in a retirement village; and
(iii) does not own an interest in shares giving rise to a company title in respect of land on which a dwelling-house is built;
other than the dwelling-house, right of residence or company title in respect of which the advance is payable; and”.
Omit the paragraph, substitute:
“(e) if the person has a husband or wife (other than a husband or wife from whom he or she is permanently separated)—the husband or wife:
(i) is not the owner of a dwelling-house; and
(ii) does not have a right of residence in a retirement village; and
(iii) does not own an interest in shares giving rise to a company title in respect of land on which a dwelling-house is built;
other than the dwelling-house, right of residence or company title in respect of which the advance is payable; and”.
Omit the paragraph, substitute:
“(g) such advance will be secured by:
(i) in the case of an assigned advance—except as provided by the agreement, a first or subsequent mortgage over the assignee’s interest in the retirement village and over any other person’s interest in the retirement village; or
(ii) in any other case—except as provided by the agreement, a first mortgage over the person’s interest in the holding and over any other person’s interest in the holding.”.
Omit “owned by”, substitute “of”.
Omit “on a holding of the person”, substitute “on the person’s interest in a holding”.
Add at the end:
“; or (1) in the case of an assigned advance—to be assisted in obtaining a right of residence in the retirement village”.
Omit “owned by”, substitute “of”.
Omit “on a holding of the person”, substitute “on the person’s interest in a holding”.
Add at the end:
“; or (g) in the case of an assigned advance—to be assisted in continuing to hold a right of residence in the retirement village”.
Insert:
“(1A) For the purposes of paragraph (1)(b), the person is taken to be a borrower in relation to a right of residence in a retirement village if the person is, or will be, an assignor in relation to the advance.”.
Insert:
“(1A) For the purposes of paragraph (1)(a), the person is taken to be a borrower in relation to a right of residence in a retirement village if the person is, or will be, an assignor in relation to the advance.”.
Omit “While any land”, substitute “Subject to subsection (1AA), if any land”.
Insert:
“(1AA) Subsection (1) does not apply if the subsidised advance referred to in paragraph (1)(b) is an assigned advance.”.
Insert:
“(8) A reference in this section to a transfer, in relation to land or land and a dwelling-house, includes a reference to a transfer of shares giving rise to a company title in respect of the land or land and dwelling-house.”.
Insert in Part III:
“23A.(1) Subject to this Act, the Secretary may, on application by an eligible person (the
“(2) The Secretary must not issue the assignor with a certificate of assignment unless:
(a) the Secretary is satisfied that the assignee owns or will own a retirement village that:
(i) is primarily for the accommodation of eligible persons; or
(ii) is a granny flat; and
(b) the Secretary is satisfied that the assignee will assist the assignor to obtain and continue to hold a right of residence in the retirement village, if the Bank makes such an advance to the assignee; and
(c) the applicant has already been issued with a certificate of entitlement that is in force that:
(i) specifies, under subsection 17(4), a purpose of a kind referred to in paragraph 18(2)(l) or (3)(g); and
(ii) was not issued under section 22; and
(d) a subsidised advance has not been made to the assignor in relation to that certificate of entitlement; and
(e) the assignor and the assignee have agreed to conditions of a kind specified in a determination made by the Secretary under subsection (3).
“(3) The Secretary may make written determinations specifying the kinds of conditions to which an assignor and assignee must agree before a certificate of assignment can be issued to the assignor.
“(4) A certificate of assignment issued under this section remains in force until subsidy in respect of the assigned advance concerned ceases to be payable under this Act.
“(5) A certificate of assignment issued under this section must:
(a) specify the maximum amount in respect of which subsidy is payable, being an amount determined under section 25; and
(b) specify the maximum term of the advance; and
(c) specify the purpose of the advance; and
(d) specify the rate of interest payable on the advance; and
(e) contain particulars of such other matters as are specified in a determination made by the Secretary under subsection (6).
‘‘(6) The Secretary may make written determinations as to the kind of matters to be included in a certificate of assignment pursuant to paragraph (5)(e).
“(7) Determinations made under subsections (3) and (6) are disallowable instruments for the purposes of section 46A of the
Add at the end “or the assignee of a person”.
Omit the paragraph, substitute:
“; and (b) in the case of an additional advance—such amount as the Secretary determines is necessary to give effect to the purpose for which the advance is made, being an amount that is not more than the amount by which $25,000 exceeds:
(i) in the case of an assigned advance—the sum of the amounts of the assigned advances made to the assignee in relation to the person; or
(ii) in any other case—the sum of the amounts of the contract of sale, Corporation advance, initial advance or further advance and any previous additional advance made to the person; and”.
After “borrower or purchaser” insert “, or the assignee of the person was a borrower in respect of the person (as the case requires)”.
Add at the end “or the assignee of the person (as the case requires)”.
After “subsidised advance to a person” insert “, or the assignee of a person, ”.
After “made by the person” insert “or the assignee of the person”.
Insert:
“; or (aa) a certificate of assignment in relation to that advance was issued to the person as a result of a false statement made by the person or the assignee of the person; or”.
Insert:
“; or (ba) the person was not, when a certificate of assignment in relation to the advance was issued to the person, entitled to the certificate; or”.
After “the person” insert or the assignee of the person, ”.
Insert:
“(2B) If:
(a) the Commonwealth is paying subsidy on an assigned advance; and
(b) the Secretary is satisfied that:
(i) the assignor has agreed to transfer the right of residence in the retirement village, or has given up the right of residence in the retirement village; or
(ii) the assignee has agreed to transfer all or part of his or her interest in the retirement village, or has terminated the assignor’s right of residence in the retirement village;
the Secretary may, by notice of cancellation given to the assignor, cancel the subsidy on the date specified in the notice, being a date not earlier than the date of the notice.
“(2C) If the Secretary cancels a subsidy under subsection (2B), the Bank may, from the date when the cancellation of subsidy takes effect, charge an interest rate in relation to the advance that is an interest rate applicable to similar loans provided by the Bank to mortgagors generally.”.
Omit “to the Bank”, substitute:
“: (a) to the Bank; and
(b) in the case of an assigned advance—to the assignee”.
After “subsidised advance to a person” insert “, or to the assignee of a person,”.
Insert:
“27A.(1) Subject to subsection (3), the Secretary may cancel subsidy on a subsidised advance in respect of a person, or the assignee of a person, if:
(a) the person has died; and
(b) 3 months has elapsed from the date on which the person died; and
(c) the Secretary is satisfied that there is no surviving wife or husband of the person, to whom a certificate of entitlement could be issued under section 22, in relation to the land or land and dwelling-house concerned, or in relation to the right of residence in the retirement village concerned (as the case requires); and
(d) the Secretary considers it appropriate to cancel the subsidy.
“(2) Subject to subsection (3), the Secretary may cancel subsidy in relation to a portfolio asset entered into by a person if:
(a) the person has died; and
(b) 3 months has elapsed from the date on which the person died; and
(c) the Secretary is satisfied that there is no surviving wife or husband of the person, to whom a certificate of entitlement could be issued under section 22, in relation to the land or land and dwelling-house concerned, or in relation to the right of residence in the retirement village concerned (as the case requires); and
(d) the Secretary considers it appropriate to cancel the subsidy.
“ (3) If subsidy is being paid in respect of a wife and husband who, under subsection 4A(1), are treated together as an eligible person for the purposes of this Act, the Secretary may only cancel subsidy under subsection (1) or (2) if:
(a) both the wife and husband have died; and
(b) 3 months has elapsed from the death of the wife or the death of the husband, whichever is the later.
“(4) If the Secretary cancels subsidy under subsection (1) or (2), the Secretary must:
(a) Give a notice of cancellation to the executor or personal representative of the person who has died; and
(b) give a copy of the notice of cancellation to the Bank; and
(c) in the case of an assigned advance—give a copy of the notice of cancellation to the assignee.
“(5) The cancellation takes effect, and the subsidy concerned ceases to be payable, on the date specified in the notice, being a date not earlier than the date of the notice.
“(6) If the Secretary cancels subsidy under subsection (1) or (2), the Bank may, from the date when the cancellation of subsidy takes effect, charge an interest rate in relation to the advance that is an interest rate applicable to similar loans provided by the Bank to mortgagors generally.”.
(a) After “subsidy in relation to” insert “an advance to”.
(b) Omit all the words from and including “section 26 or 27” to and including “paragraph 27(l)(a), (b) or (c), ”, substitute:
“section 26, 27 or 27A, for a reason referred to in:
(a) paragraph 26(1)(a), (b) or (c); or
(b) subsection 26(2), (2B) or (7); or
(c) paragraph 27(1)(a), (b) or (c); or
(d) subsection 27A(1) or (2);”.
Insert:
“(ca) where subparagraph 26(2B)(b)(i) applied—the whole of the amount of subsidy paid in respect of the person since the day when the assignor agreed to transfer the right of residence in the retirement village, or gave up the right of residence in the retirement village; or
(cb) where subparagraph 26(2B)(b)(ii) applied—the whole of the amount of subsidy paid in respect of the person since the day on which the assignee agreed to transfer the interest in the retirement village, or terminated the assignor’s right of residence in the retirement village; or”.
Insert:
“(e) where subsection 27A(1) or (2) applied—the whole of the amount of subsidy paid in respect of the person since the day on which the cancellation of subsidy took effect;”.
Omit “to the Bank”, substitute:
“: (a) to the Bank; and
(b) if subsection 26(2B) applied—to the assignor”.
Repeal the section, substitute:
“34.(1) Subject to subsection (2), the rate of interest that is to be specified under paragraph 17(3)(d) in a certificate of entitlement in relation to a further advance that a person may seek from the Bank is the rate of interest per year of the last preceding previous advance.
“(2) If, at the time when subsidy is or was most recently payable in relation to the last preceding previous advance, subsidy is or was payable in respect of the person in relation to one or more other previous advances:
(a) the rates of interest that are to be specified under paragraph 17(3)(c) in a certificate of entitlement in relation to a further advance that a person may seek from the Bank are the rates of interest per year that applied to those previous advances; and
(b) in relation to each such interest rate—the proportion of the further advance to be so specified in relation to that interest rate is the proportion of the sum of amounts outstanding in respect of all the previous advances that are amounts to which that interest rate applies.
“(3) In this section:
Omit the paragraph, substitute:
“(d) in the case of a further advance:
(i) if the person has ceased to be a purchaser or borrower in relation to the last preceding previous advance—a term equal to the unexpired part of the last preceding previous advance at the time immediately before the person ceased to be such a purchaser or borrower; or
(ii) in any other case—a term equal to the unexpired part of the last preceding previous advance; and”.
Omit the subsection, substitute:
“(4) In this section:
Insert:
“ (ga) a dwelling-house wholly or partially owned by an eligible person;
(gb) a dwelling-house wholly owned by a person and his or her wife or husband who, under subsection 4A(1), are treated together as an eligible person for the purposes of this Act;”.
Insert:
“; or (iii) that is referred to in paragraph (ga) or (gb);”.
Omit “or (g)”, substitute “, (g), (ga) or (gb)”.
Omit “or (g)”, substitute “, (g), (ga) or (gb)”.
Omit the subsection.
Omit the paragraph, substitute:
“(a) the Commonwealth has undertaken insurance under section 38C in relation to a dwelling-house only because:
(i) the Corporation proposed to make a Corporation advance in respect of a person; or
(ii) a person has applied for a certificate of entitlement in relation to that dwelling-house; or
(iii) a person is an eligible person; and”.
(a) Omit “the applicant for the advance or certificate”, substitute “the person”.
(b) Omit “the applicant has disposed”, substitute “the person has disposed”.
Omit “applicant”, substitute “person”.
Omit “applicant”, substitute “person”.
Omit the subsection, substitute:
“(4) If subparagraph (1)(a)(iii) applies, and the person who died is survived by a widow or widower, the Secretary must not give a notice under paragraph (2)(b) in relation to the dwelling-house unless the Secretary is satisfied that the widow or widower is not an eligible person.”.
Despite the amendments made by this Schedule, section 36 of the
(a) subsidy was not payable on 9 May 1995 in relation to the advance (whether a Corporation advance, initial advance, additional advance or further advance) in respect of which the person is or was a borrower, or the contract of sale, in respect of which the person is or was a purchaser, directly preceding the further advance in question; and
(b) the prescribed period, as defined in subsection 36(4) of the
Defence Service Homes Act 1918 , as in force immediately before the commencement of this item, equals or exceeds 25 years as at 9 May 1995.–––––––––––––
SCHEDULE 2 Section 3
AMENDMENTS OF THE VETERANS’ ENTITLEMENTS ACT 1986 RELATING TO PRELIMINARY ISSUES CONCERNING ELIGIBILITY FOR PAYMENTS
Add at the end:
“Note:
Insert:
“
Before “a person who has” insert “subject to subsection (3), ”.
Omit the paragraph, substitute:
“(e) subject to subsections (5) and (6), a person who has, as a member of the Defence Force, rendered continuous full-time service outside Australia in an operational area (not being service rendered, as a member of the Naval Forces in the complement of a sea-going vessel, in the area described in item 2 or 3 of Schedule 2 (in column 1) while that area was an operational area) as:
(i) a member of a unit of the Defence Force that was allotted for duty; or
(ii) a person who was allotted for duty;
in that operational area, is taken to have been rendering operational service during the period in which the person or the unit was so allotted for duty; and”.
Add at the end:
“; and (s) subject to subsection (10), a person who, as a member of the Defence Force, was assigned for service, and has rendered continuous full-time service:
(i) in Japan at any time during the period from and including 28 April 1952 to and including 19 April 1956; and
(ii) as a member of a unit of the Defence Force that was assigned for service in that country during that period and that is included in a written instrument issued by the Defence Force for use by the Commission in determining a person’s eligibility for entitlements under this Act;
is taken to have been rendering operational service during the period in which the person was so assigned for service.”.
Omit the Notes, substitute:
“Note 1: For
Note 2: For
Note 3: For
allied country ,Australian mariner ,Commonwealth country ,continuous full-time service ,eligible civilian, enemy ,member of the Defence Force ,member of the Interim Forces andspecial mission see subsection 5C(1).Note 4: Subsections (7), (8) and (9) contain information that is relevant to paragraphs (o), (p), (q) and (r).”.
Omit the subparagraph, substitute:
“(i) if the person was assigned for duty from an operational area to another area outside Australia (not being an operational area)—the day on which the person arrived at that other area or the day as from which the person was assigned to that other area at a time when the person was in that other area; or”.
Omit “on” (first occurring).
Add at the end:
“(10) For the purposes of this Act, the operational service of a person in Japan, being the operational service of the person described in paragraph (1)(s):
(a) is taken to have commenced:
(i) if the person was in Australia on the day as from which the person was assigned for service in Japan—on the day on which the person departed from the last port of call in Australia for that operational service; or
(ii) if the person was outside Australia on the day as from which the person was assigned for service in Japan—on the day as from which the person was so assigned for service; and
(b) is taken to have ended at the expiration of:
(i) if the person was assigned for service in another country or area outside Australia (not being an operational area)—the day on which the person arrived at that other country or area or the day as from which the person was assigned to that other country or area at a time when the person was in that other country or area; or
(ii) in any other case—the day on which the person arrived at the first port of call in Australia on returning from operational service.”.
Omit the Notes, substitute:
“Note 1: For
Note 2: For
Note 3: For
Australian mariner ,continuous full-time service ,member of the Defence Force andmember of the Interim Forces see subsection 5C(1).
Note 4: Subsections (3) and (4) contain information that is relevant to paragraph (e).”.
Omit the subparagraphs, substitute:
“(iii) subject to subsection (1A), rendered service outside Australia in an area described in column 1 of Schedule 2 during the period specified in column 2 of that Schedule opposite to that description, as a member of a unit of the Defence Force that was allotted for duty, or as a person who was allotted for duty, in that area; or”.
Add at the end:
“Note 1: For
period of hostilities see subsection 5B(1) and forallotted for duty in an operational area see subsection 5B(2).Note 2: For
allied mariner ,allied veteran ,Australian mariner ,defence force established by a Commonwealth country ,defence force established by an allied country ,eligible civilian ,enemy ,member of a unit of the Defence Force ,member of the Defence Force andspecial mission see subsection 5C(1).”.
Insert:
“(1A) Service rendered in an area described in item 3 of Schedule 2 (in column 1) during the period specified in column 2 of that Schedule opposite to that description must be service in respect of which the person has been awarded, or has become eligible to be awarded, a British General Service Medal with the Malaya Clasp.”.
Add at the end (before Note 1):
“Note 1A: For
Omit the Note, substitute:
“Note 1: For
Note 2: For
The amendments made by items 4, 11 and 13 apply to:
(a) any decision made under the
Veterans’ Entitlements Act 1986 after the commencement of those items; and(b) any decision made after the commencement of those items on a review of a decision made under that Act, whether the decision being reviewed was made before or after that commencement.
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SCHEDULE 3 Section 3
AMENDMENT OF THE VETERANS’ ENTITLEMENTS ACT 1986RELATING TO PENSIONS OTHER THAN SERVICE PENSIONS
Insert:
“27A.(1) This section applies if:
(a) a pension becomes payable, or becomes payable at an increased rate, under this Part to a veteran from a date (the
operative date ) before the date on which a decision to grant the pension, or to increase the rate of the pension, (thedecision ) is made; and(b) the veteran is a member of a couple or was a member of a couple at any time during the period between the operative date and the date of the decision (the
arrears period ); and(c) the veteran’s partner was receiving:
(i) a social security pension or benefit; or
(ii) income support supplement;
at any time during the arrears period; and
(d) the rate at which the social security pension or benefit or income support supplement is payable to the veteran’s partner is reduced as a result of the pension becoming payable to the veteran, or becoming payable to the veteran at an increased rate, as the case requires.
Note: The amount of arrears of pension payable to a veteran may also be affected by section 205 or 205AA.
“(2) The amount of the pension payable to the veteran in respect of the arrears period is reduced by an amount calculated as follows:
| Work out the total amount of the pension that would have been paid to the veteran during the arrears period if the decision had been made on the operative date. |
| Work out the total amount (if any) of the pension that was paid to the veteran during the arrears period. |
| Subtract the amount obtained in Step 2 from the amount obtained in Step 1. The result is called the |
| Work out the total amount of social security pension or benefit or income support supplement that was paid to the veteran’s partner during the arrears period. |
| Work out the total amount (if any) of social security pension or benefit or income support supplement that would have been payable to the veteran’s partner during the arrears period if the decision had been made on the operative date. |
| Subtract the amount obtained in Step 5 from the amount obtained in Step 4. The result is called the |
| If the excess payment is equal to or more than the provisional arrears, the pension payable to the veteran in respect of the arrears period is reduced by the amount of the provisional arrears. |
| If the excess payment is less than the provisional arrears, the amount of the pension payable to the veteran in respect of the arrears period is reduced by the amount of the excess payment. |
“27B.(1) This section applies if:
(a) a decision is made under section 27A in relation to the amount of arrears of pension to be paid to a veteran; and
(b) subparagraph 27A(1)(c)(i) applies in relation to the veteran.
“(2) The calculations made under Steps 4, 5 and 6 of the Method statement in section 27A in relation to the payment and payability of a social security pension or benefit are, for the purposes of the Social Security Act,
taken to be decisions made under that Act by an officer (other than the Secretary) of the Department administered by the Minister administering that Act.”
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SCHEDULE 4 Section 3
AMENDMENTS OF THE VETERANS’ ENTITLEMENTS ACT 1986 RELATING TO SERVICE PENSIONS
Add at the end (before the Notes):
“(2) A person who wants to establish for the purposes of paragraph 38(1)(aa) or (e) that his or her partner or deceased partner has rendered qualifying service must make a proper claim for a determination that the person’s partner or deceased partner has rendered such service.”.
Add at the end:
“; or (c) a person who wants to establish for the purposes of paragraph 38(1)(aa) or (e) that his or her partner or deceased partner has rendered qualifying service; or
(d) with the approval of the person referred to in paragraph (c) of this subsection—another person on the person’s behalf.”.
Omit “subsection (4)”, substitute “subsections (1B) and (4)”.
Omit “the compensation recovery provisions in Part IIIC”, substitute “one or more disqualifying provisions”.
Insert:
“(aa) is a person:
(i) who is a member of a couple; and
(ii) whose partner is a veteran who has rendered qualifying service; and
(iii) who is qualified for an age pension under the Social Security Act; or”.
Omit the subparagraph, substitute:
“(ii) whose non-illness separated spouse is receiving an age service pension or an invalidity service pension, or would be receiving such a pension if not for the operation of one or more disqualifying provisions; or”.
Omit “who, immediately before his or her death, was receiving an age service pension or an invalidity service pension”.
Insert:
“(ia) whose partner, immediately before his or her death, was receiving an age service pension or an invalidity service pension, or would have been receiving such a pension if not for the operation of one or more disqualifying provisions; and”.
Add at the end:
“; or (e) is a person:
(i) who is the widow or widower of a veteran who has rendered qualifying service; and
(ii) who is qualified for an age pension under the Social Security Act.”.
Insert:
“(1A) For the purposes of subsection (1), a
“(1B) Subject to subsections (1C) and (1D), a person is not eligible for a partner service pension under subsection (1) unless the person:
(a) has reached the age of 50 years; or
(b) has a dependent child when he or she makes a claim for the pension.
“(1C) Subsection (1B) does not apply to a person:
(a) whose claim for a partner service pension had not been determined before 1 October 1995 but who was eligible, at the date of the claim, for the pension; or
(b) who was determined by the Commission, before 1 October 1995, to be eligible for a partner service pension;
unless the person’s pension is or has been cancelled for any reason.
“(1D) Subsection (1B) does not apply to a person whose partner is a veteran to whom section 24 applies.”.
Omit “or (d)” (wherever occurring), substitute “, (d) or (e)”.
Omit the subsection.
Omit the item.
Omit “(partner getting pension or benefit)”.
Omit the Note, substitute:
“Note 1: For
member of a couple andpartnered see section 5E, and forillness separated couple andrespite care couple see subsections 5R(5) and (6).”.
Omit “(partner getting neither pension nor benefit)”.
Omit the items.
Omit the Note, substitute:
“Note 1: For
Omit “items 2, 3 and 4 of Table C-2 apply”, substitute “Item 2 of Table C-2 applies”.
Omit “Item 4 of Table C-2 applies”, substitute “Item 2 of Table C-2 applies”.
Omit “(partner getting neither pension nor benefit)”.
Omit the items.
Omit the Note, substitute:
“Note 1: For
Omit “items 2, 3 and 4 of Table D-l apply”, substitute “Item 2 of Table D-l applies”.
Omit “(partner getting neither pension nor benefit)”.
Omit the items.
Omit the Notes, substitute:
“Note 1: For
Note 2: For
Omit “(partner getting neither pension nor benefit)”.
Omit the item.
Omit the Note, substitute:
“Note 1: For
Omit “items 2 and 3 apply”, substitute “Item 2 applies”.
Omit “(partner getting neither pension nor benefit)”.
Omit the items.
Omit the Notes, substitute:
“Note 1: For
Omit “Items 2, 3 and 4 of Table F-2 apply”, substitute “Item 2 of Table F-2 applies”.
Omit the subsection.
Omit the item.
Omit “(partner getting pension or benefit)”.
Omit the Note, substitute:
“Note 1: For
member of a couple andpartnered see section 5E, and forillness separated couple andrespite care couple see subsections 5R(5) and (6).”.
Insert “woman”.
Insert “man”.
Omit the item.
Omit “(partner getting pension)”.
Omit the Note, substitute:
“Note 1: For
Omit “items 2, 3 and 4 of Table D-2 apply”, substitute “Item 3 of Table D-2 applies”.
Omit “Item D-3 of Table D-2 applies”, substitute “Item 3 of Table D-2 applies”.
Omit the items.
Omit “(partner getting pension)”.
Omit the Note, substitute:
“Note 1: For
Omit “items 2, 3 and 4 of Table E-1 apply”, substitute “Item 4 of Table E-1 applies”.
Omit the Note.
Omit “42-E11”, substitute “42-E12”.
Omit “(partner getting neither pension nor benefit)”.
Omit the item.
Omit the Note, substitute:
“Note 1: For
Omit “items 2 and 3 apply”, substitute “Item 2 of Table G-l applies”.
Omit the Note.
Omit the subsection.
Omit the item.
Omit “(partner getting pension or benefit)”.
Omit the Note, substitute:
“Note 1: For
member of a couple andpartnered see section 5E^and forillness separated couple andrespite care couple see subsections 5R(5) and (6).”.
Insert “woman”.
Insert “man”.
Insert in Part XII:
“197A. The saving and transitional provisions in Schedule 5 have effect according to their terms.”.
Add:
“
SCHEDULE 5 Section 197A
“SAVINGS AND TRANSITIONAL PROVISIONS
“1.(1) Despite sections 41, 42, and 43, if:
(a) a person was receiving a service pension immediately before 1 October 1995; and
(b) the person was a member of a couple immediately before 1 October 1995; and
(c) the person’s partner was not, immediately before 1 October 1995, receiving a social security pension, a service pension or an income support supplement; and
(d) the amount that was the person’s maximum basic rate in respect of the service pension for the last payment period before 1 October 1995 exceeds the amount of the person’s maximum basic rate on 1 October 1995; and
(e) the amount of that excess exceeds, in relation to a particular period, the sum of:
(i) the increased amounts (if any) for the original components of the rate of service pension payable to the person in respect of the payment period; and
(ii) the new components (if any) of the rate of service pension payable to the person in respect of the payment period; and
(iii) the increased amounts (if any) for those new components; and
(f) this clause has not ceased to apply to the person because of subclause (2);
in calculating the amount of service pension payable to the person in respect of the payment period, an amount equal to the difference between:
(g) the amount of the excess referred to in paragraph (d); and
(h) the sum referred to in paragraph (e);
is to be added to the person’s maximum basic rate.
“(2) This clause ceases to apply if:
(a) the person ceases to receive that service pension; or
(b) the person ceases to be a member of that couple; or
(c) the person’s partner receives a social security pension, a service pension or an income support supplement.
“(3) In this clause:
(a) a person’s maximum basic rate that was used in calculating the person’s rate of service pension for the last payment period before 1 October 1995; or
(b) an additional amount that was added to the person’s maximum basic rate in calculating the person’s rate of service pension for that payment period.
(a) any additional amount that, in calculating a person’s rate of service pension, is added to the person’s maximum basic rate, being an additional amount that would not have been so added in respect of the last payment period before 1 October 1995; or
(b) any amount by which a person’s rate of service pension has increased as a result of a change in the person’s circumstances on or after 1 October 1995.
––––––––––––
SCHEDULE 5 Section 3
CONSEQUENTIAL AMENDMENT OF THE SOCIAL SECURITY ACT 1991 RELATING TO SERVICE PENSIONS
After “age pension, ” insert “service pension, ”.
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SCHEDULE 6 Section 3
AMENDMENTS OF THE VETERANS’ ENTITLEMENTS ACT 1986 RELATING TO INCOME SUPPORT SUPPLEMENT
Add at the end:
“; or (iv) is partnered (partner getting pension).”.
Add at the end:
“Note: For
(a) Omit “point 45X-A1”, substitute “point 45X-B1”.
(b) After “adjusted income reduced rate” insert “(disregarding any payments under subsection 30(1))”.
(a) Omit “point 45Y-A1”, substitute “point 45Y-B1”.
(b) After “adjusted income reduced rate” insert “(disregarding any payments under subsection 30(1))”.
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SCHEDULE 7 Section 3
AMENDMENT OF THE VETERANS’ ENTITLEMENTS ACT 1986 RELATING TO MEDICAL AND OTHER TREATMENT
Omit “or pulmonary tuberculosis”, substitute “, pulmonary tuberculosis or post-traumatic stress disorder”.
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SCHEDULE 8 Section 3
AMENDMENTS OF THE VETERANS’ ENTITLEMENTS ACT 1986 RELATING TO SENIORS HEALTH CARDS
Omit “veteran.”, substitute “veteran; and”.
Omit the Note.
Renumber the Note as Note 5.
Add at the end (after the Notes):
“(3) A person is eligible for a seniors health card if:
(a) the person is:
(i) the non-illness separated spouse of a person who is receiving an age or invalidity service pension; or
(ii) the non-illness separated spouse of a person who is eligible for a seniors health card under subsection (1); or
(iii) a widow or widower of a veteran; and
(b) the person is eligible for a partner service pension or income support supplement; and
(c) the person has reached:
(i) if the person is not a veteran—pension age; or
(ii) if the person is a veteran—the age that would be the pension age for that person if he or she were not a veteran; and
(d) the person is an Australian resident; and
(e) the person is in Australia; and
(f) the person is not receiving a service pension or income support supplement; and
(g) the person is not receiving a social security pension or benefit; and
(h) the person satisfies the seniors health card ordinary income test; and
(i) the person is not eligible for a seniors health card under subsection (1).
Note 1: For
Note 2: For
Note 3: For
Note 4: For
Note 5: For
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House of Representatives on 21 September 1995 Senate on 17 October 1995
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