Veterans' Affairs Legislation Amendment Act (No. 2) 1994 (Cth)
PART 1—PRELIMINARY
Section
1. Short title etc.
2. Commencement
3. Index of definitions
4.
Income test definitions5.
Investment income definitions6. General definitions
7. Insertion of sections:
5QA. Pension age for veterans
5QB. Pension age for persons other than veterans
8. Eligibility for age service pension
TABLE OF PROVISIONS—
Section
9. Eligibility for income support supplement (age, dependent child, incapacity for work)
10. Eligibility for participation in pension loan scheme
11. Debt not to be recovered until after death
12. Eligibility for seniors health card
PART 3—ADVANCE PHARMACEUTICAL ALLOWANCE
13. Insertion of Division:
118F. Eligibility for advance pharmaceutical allowance
118G. Need for a claim
118H. Who can claim?
1181. Form of claim
118J. Lodgment of claim
118K. Proper claim
118L. Amount of advance pharmaceutical allowance
118M. Annual limit
14. Adjustment of pension child add-ons
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The Parliament of Australia enacts:
(2) Parts 3 and 4 commence on 1 January 1995.
“pension age 5QA, 5QB”.
“
(a) in relation to a veteran—has the meaning given by section 5QA; or
(b) in relation to a person other than a veteran—has the meaning given by section 5QB;”.
“5QA.(1) This section deals with the pension age for veterans.
“(2) A man reaches
pension age when he turns 60 years.
“(3) A woman born before 1 July 1940 reaches
“(4) A woman born within the period specified in column 2 of an item in the following Table reaches
TABLE | ||
column 1 | column 2 | column 3 |
item no. | period within which woman was born (both dates inclusive) | pension age |
| From 1 July 1940 to 31 December 1941 | 55 years and 6 months |
| From 1 January 1942 to 30 June 1943 | 56 years |
| From 1 July 1943 to 31 December 1944 | 56 years and 6 months |
| From 1 January 1945 to 30 June 1946 | 57 years |
| From 1 July 1946 to 31 December 1947 | 57 years and 6 months |
| From 1 January 1948 to 30 June 1949 | 58 years |
| From 1 July 1949 to 31 December 1950 | 58 years and 6 months |
| From 1 January 1951 to 30 June 1952 | 59 years |
| From 1 July 1952 to 31 December 1953 | 59 years and 6 months |
“(5) A woman born on or after 1 January 1954 reaches
“5QB.(1) This section deals with the pension age for persons other than veterans.
“(2) A man reaches pension age when he turns 65 years.
“(3) A woman born before 1 July 1935 reaches
“(4) A woman born within the period specified in column 2 of an item in the following Table reaches
TABLE | ||
column 1 | column 2 | column 3 |
item no. | period within which woman was born (both dates inclusive) | pension age |
| From 1 July 1935 to 31 December 1936 | 60 years and 6 months |
| From 1 January 1937 to 30 June 1938 | 61 years |
| From 1 July 1938 to 31 December 1939 | 61 years and 6 months |
| From 1 January 1940 to 30 June 1941 | 62 years |
| From 1 July 1941 to 31 December 1942 | 62 years and 6 months |
| From 1 January 1943 to 30 June 1944 | 63 years |
| From 1 July 1944 to 31 December 1945 | 63 years and 6 months |
| From 1 January 1946 to 30 June 1947 | 64 years |
| From 1 July 1947 to 31 December 1948 | 64 years and 6 months |
“(5) A woman born on or after 1 January 1949 reaches
8. Section 36 of the Principal Act is amended:
(a) by omitting paragraph (1)(c) and substituting the following paragraph:“(c) has reached pension age.”;
(b) by adding at the end of subsection (1) the following Note:“Note 2: For ‘pension age’ see section 5QA.”.
“(2) For the purposes of paragraph (1)(b), the
(a) if the person is a veteran—the pension age for that person; or
(b) if the person is not a veteran—the age that would be the pension age for that person if he or she were a veteran.
Note: For ‘pension age’ see section 5QA.”.
10. Section 52ZA of the Principal Act is amended:
(a) by omitting paragraph (1)(d) and substituting the following paragraph:“(d) the person has reached pension age; and”;
(b) by adding at the end of subsection (1) the following Note:“Note 4: For ‘pension age’ see section 5QA.”;
(c) by omitting subparagraph (2)(d)(i) and substituting the following subparagraph:“(i) is a veteran and has reached pension age; or”;
(d) by adding at the end of subsection (1) the following Note:“Note 4: For ‘pension age’ see section 5QA.”.
11. Section 52ZG of the Principal Act is amended:
(a) by omitting subparagraph (2)(b)(iv) and substituting the following subparagraph:“(iv) the partner has reached:
(A) if the partner is a veteran—pension age; or
(B) if the partner is not a veteran—the age that would be his or her pension age if he or she were a veteran;”;
(b) by adding at the end of subsection (2) the following Note:“Note: For ‘pension age’ see section 5QA.”.
12. Section 118V of the Principal Act is amended:
(a) by omitting paragraph (1)(c) and substituting the following paragraph:“(c) has reached pension age; and”;
(b) by adding at the end of subsection (1) the following Note:“Note 4: For ‘pension age’ see section 5QA.”;
(c) by omitting subparagraphs (2)(c)(i) and (ii) and substituting the following subparagraphs:“(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.”;
(d) by adding at the end of subsection (2) the following Note:“Note: For ‘pension age’ see section 5QB.”.
“
“
“118F.(1) Subject to subsection (2), a person to whom section 118A applies is eligible for an advance pharmaceutical allowance.
“(2) A person is not eligible for an advance pharmaceutical allowance if:
(a) the person is receiving a service pension; and
(b) the only reason why section 118A applies to the person is that the person is receiving that pension; and
(c) the Commission is satisfied that the person’s ordinary income exceeds $20.00 per fortnight.
Note: For ‘ordinary income’ see subsection 5H(1).
“(3) If the person is a member of a couple, the amount of the person’s ordinary income for the purposes of this section is worked out by adding the couple’s ordinary incomes (on a fortnightly basis) and dividing by 2.
Note: For ‘member of a couple’ see subsections 5E(1), (2), (3) and (4).
“
“118G.(1) A person who wants to be granted an advance pharmaceutical allowance must make a proper claim for that allowance.
“(2) Subject to subsections 118K(4) and (5), if:
(a) a claim for an advance pharmaceutical allowance is made by or on behalf of a person; and
(b) at the time when the claim is made, the claim cannot be granted because the person is not eligible for the payment;
the claim is taken not to have been made.
“118H.(1) Subject to subsection (2), the claim must be made by:
(a) the person who wants to be granted the advance pharmaceutical allowance; or
(b) with the approval of that person—another person on that person’s behalf.
“(2) If the person is unable, because of physical or mental incapacity, to approve another person to make the claim on his or her behalf, the Commission may approve another person to make the claim.
“118I. To be a proper claim, a claim must be in writing and in accordance with a form approved by the Commission.
“118J. To be a proper claim, a claim must be lodged:
(a) at an office of the Department in Australia; or
(b) at a place approved for this purpose by the Commission; or
(c) with a person approved for this purpose by the Commission.
“118K.(1) A claim must be a proper claim under subsection (2), (3), (4), (5) or (6) to be a proper claim for the purposes of this Division.
“(2) A claim by a person for an advance pharmaceutical allowance to be paid in a calendar year (
(a) a pension of the kind referred to in paragraph 118A(a) or (b) was payable to the person on the last pension payday in the previous calendar year; and
(b) the claim is lodged before the first pension payday in the current year.
“(3) A claim by a person for an advance pharmaceutical allowance to be paid in a calendar year (
(a) the person was eligible for pharmaceutical benefits of the kind referred to in paragraph 118A(c) on the last pension payday in the previous calendar year; and
(b) the claim is lodged before the first pension payday in the current year.
“(4) A claim by a person for an advance pharmaceutical allowance to be paid in a calendar year is a proper claim if:
(a) the person claims a pension of the kind referred to in paragraph 118A(a) or (b); and
(b) the person’s claim for the pension is determined in that year; and
(c) the claim for the advance pharmaceutical allowance is lodged:
(i) at the time when the claim for the pension is lodged; or
(ii) before the claim for the pension is determined.
“(5) A claim by a person for an advance pharmaceutical allowance to be paid in a calendar year is a proper claim if:
(a) the claim is based on the person’s eligibility for pharmaceutical benefits of the kind referred in paragraph 118A(c); and
(b) the claim is lodged before the person’s eligibility for those benefits is determined; and
(c) the person’s eligibility for those benefits is determined in that year.
“(6) A claim by a person for an advance pharmaceutical allowance to be paid in a calendar year is a proper claim if:
(a) the person has been eligible for pharmaceutical allowance for a period (
‘eligibility period’ ) during the calendar year; and(b) the amount spent by the person during the eligibility period on the purchase of pharmaceutical benefits is equal to or greater than the total amount that has been paid to the person in the calendar year by way of:
(i) pharmaceutical allowance; and
(ii) advance pharmaceutical allowance.
Note: for the amount ‘paid’ to a person by way of pharmaceutical allowance see section 5PA.
“(7) In subsection (6):
(a) a pharmaceutical benefit within the meaning of section 91; or
(b) a drug or medicinal preparation in relation to which Part VII of the
National Health Act 1953 applies because of section 85 of that Act.
“
“118L. Subject to section 118M, the amount of a person’s advance pharmaceutical allowance is:
where:
Note: Pharmaceutical allowance rates are to be found at:
• points 41-CA7 and 41-CA8 of Service Pension Rate Calculator Where There Are No Dependent Children;
• points 42-DA7 and 42-DA8 of Service Pension Rate Calculator Where There Are Dependent Children;
• points 43-DA7 and 43-DA8 of Service Pension Rate Calculator for Blinded Veterans;
• points 44-CA7 and 44-CA8 of Service Pension Rate Calculator for Widows, Widowers and Non-illness Separated Spouses;
• section 118C.
“118M.(1) The amount paid to a person in a calendar year by way of:
(a) pharmaceutical allowance; and
(b) advance pharmaceutical allowance;
is not to exceed the total amount of pharmaceutical allowance that would have been paid to the person during that year if the person had not received any advance pharmaceutical allowance.
Note: For the amount ‘paid’ to a person by way of pharmaceutical allowance see section 5PA.
“(2) In this section:
“(3) On 1 January 1995, after each pension under 13 child add-on has been adjusted under subsection (1):
(a) its rate per year is further increased by $52.00; and
(b) its rate per fortnight is further increased by $2.00.
“(4) On 1 January 1995, after each pension 13-15 child add-on has been adjusted under subsection (2):
(a) its rate per year is further increased by $52.00; and
(b) its rate per fortnight is further increased by $2.00.”.
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.
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House of Representatives on 20 October 1994
Senate on 8 November 1994
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