Veterans’ Affairs Legislation Amendment (Veteran-centric Reforms No. 1) Act 2018 (Cth)
Contents
[
The Parliament of Australia enacts:
This Act is the
Veterans’ Affairs Legislation Amendment (Veteran‑centric Reforms No. 1) Act 2018 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 28 March 2018 |
Schedule 1 | 1 May 2018. | 1 May 2018 |
Schedule 2, Parts 1 and 2 | 1 May 2018. | 1 May 2018 |
Schedule 2, Part 3, Division 1 | 1 May 2018. However, the provisions do not commence at all if Part 2 of Schedule 2 to the | 1 May 2018 |
Schedule 2, items 495 and 496 | The later of:
However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | 1 July 2018 (paragraph (b) applies) |
Schedule 2, items 497 and 498 | Immediately after the commencement of Schedule 1 to the | 2 July 2018 |
Schedule 2, item 499 | Immediately after the commencement of the However, the provisions do not commence at all if that Act does not commence. | Never commenced |
Schedules 3, 4 and 5 | The 28th day after this Act receives the Royal Assent. | 25 April 2018 |
Schedule 6, Part 1 | The day after this Act receives the Royal Assent. | 29 March 2018 |
Schedule 6, Part 2 | Immediately after the commencement of Part 1 of Schedule 2 to the | 12 October 2017 |
Schedules 7 and 8 | The day after this Act receives the Royal Assent. | 29 March 2018 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Omit:
This Act provides for compensation and other benefits to be provided for current and former members of the Defence Force who suffer a service injury or disease. The Act also provides for compensation and other benefits to be provided for the dependants of some deceased members.
substitute:
This Act provides for:
(a) compensation and other benefits to be provided for current and former members of the Defence Force who suffer a service injury or disease; and
(b) compensation and other benefits to be provided for the dependants of some deceased members; and
(c) certain assistance (such as child care, counselling or household services) to members or former members or to related persons of members, former members or deceased members.
Omit “Chapters 3 to 6 set out what the benefits are.”, substitute “Chapters 3, 4, 5 and 6 set out what the benefits are. Assistance or benefits under Chapter 5A can be provided before the Commission has accepted such liability.”.
Insert:
related person of a member has the meaning given by subsection 15(2).
Repeal the heading, substitute:
Omit “any person mentioned in subsection (2)”, substitute “a related person of the member”.
Omit “These are the persons who can be a
dependant of a member for the purposes of subsection (1)”, substitute “Arelated person of a member is”.
Insert:
The Commission may make a legislative instrument providing for assistance or benefits of a certain kind (such as child care, counselling or household services) to a member or former member or to a related person of a member, former member or deceased member.
The member, former member or deceased member must have rendered warlike service on or after 1 July 2004.
(1) The Commission may, by legislative instrument, make provision for and in relation to the granting of assistance or benefits of a specified kind to a person:
(a) who is a member or former member; or
(b) who is or was a related person of a member, former member or deceased member.
Note: For
related person see subsection 15(2).(2) However, the instrument must not provide for the granting of assistance or benefits unless the member, former member or deceased member has rendered warlike service on or after 1 July 2004.
(3) Without limiting subsection (1), the kinds of assistance or benefits that may be granted include the following:
(a) child care;
(b) counselling;
(c) household services.
(4) Without limiting subsection (1), the instrument may make provision for and in relation to:
(a) the eligibility criteria for the assistance or benefits; and
(b) the conditions on which the assistance or benefits are granted; and
(c) limits (whether financial or otherwise) on the provision of the assistance or benefits.
(5) Despite subsection 14(2) of the
Legislation Act 2003 , an instrument under subsection (1) of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.
Insert:
(bb) assistance or benefits granted under an instrument made under section 268B;
Insert:
The Commission may make a legislative instrument providing for a payment to a person who has made a claim for certain mental injuries or mental diseases.
The payment is made before the claim is determined.
Payments may also be made under the instrument to the partner of such a person.
(1) The Commission may, by legislative instrument, make provision for and in relation to the making of a payment (a
veteran payment ) to a person (theprimary person ) for whom the following criteria are met:
(a) the primary person has made:
(i) a claim under section 319 of the
Military Rehabilitation and Compensation Act 2004 of a kind covered by paragraph 319(1)(a) of that Act; or(ii) a claim under section 54 of the
Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 ;(b) for a claim under section 319 of the
Military Rehabilitation and Compensation Act 2004— the claim is for:
(i) an injury (within the meaning of that Act) sustained by the primary person that is a mental injury, including the recurrence of a mental injury; or
(ii) a disease (within the meaning of that Act) contracted by the primary person that is a mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), including the recurrence of such an ailment, disorder, defect or morbid condition;
(c) for a claim under section 54 of the
Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 —the claim is for:
(i) an injury (within the meaning of that Act) suffered by the primary person that is a mental injury, including an aggravation of a mental injury; or
(ii) an injury (within the meaning of that Act) that is a disease (within the meaning of that Act) suffered by the primary person that is a mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), including an aggravation of such a mental ailment, disorder, defect or morbid condition;
(d) the primary person is incapable of undertaking remunerative work for periods aggregating more than 8 hours per week;
(e) the primary person is an Australian resident, and is in Australia, on the day the claim referred to in paragraph (a) is made;
(f) the primary person has not reached pension age (within the meaning of subsections 5QB(2), (3), (4) and (5)) on the day the claim referred to in paragraph (a) is made;
(g) the Military Rehabilitation and Compensation Commission has not determined the claim.
Payment to partner
(2) An instrument under subsection (1) must also make provision for and in relation to the making of a payment (also a
veteran payment ) to the primary person’s partner (if any) in the following circumstances:
(a) the primary person is receiving a veteran payment referred to in subsection (1);
(b) the primary person’s partner is an Australian resident, and is in Australia, on the day the claim referred to in paragraph (1)(a) is made.
(3) An instrument under subsection (1) may also make provision for the making of a payment (also a
veteran payment ) to the primary person’s partner in the following circumstances:
(a) the primary person dies;
(b) the primary person is receiving a veteran payment referred to in subsection (1) immediately before his or her death;
(c) the primary person’s partner is receiving a veteran payment referred to in subsection (2) immediately before that death.
Matters instrument may deal with
(4) Without limiting subsection (1), an instrument under subsection (1) may make provision for and in relation to the following:
(a) further eligibility criteria for a veteran payment;
(b) what a person has to do to get a veteran payment;
(c) the duration of a veteran payment (which may include a period before or after the claim referred to in paragraph (1)(a) is determined);
(d) the conditions that apply to a person receiving a veteran payment;
(e) the suspension or cancellation of a veteran payment;
(f) the effect of the death of the primary person before the Commission has decided whether the primary person is eligible for a veteran payment;
(g) administrative matters, such as determination of entitlement to a veteran payment and how and when payments of a veteran payment will be made.
(5) Without limiting paragraph (4)(a), the criteria may depend on the Commission being satisfied of one or more specified matters.
Rate
(6) The rate of a veteran payment referred to in subsection (1), (2) or (3) is worked out in accordance with the Rate Calculator.
Note: Module A of the Rate Calculator establishes the overall rate calculation process and the remaining Modules provide for the calculation of the component amounts used in the overall rate calculation process.
Restriction on dual payments
(7) A veteran payment referred to in subsection (1), (2) or (3) is not payable to a person if the person:
(a) is receiving a service pension; or
(b) is receiving a pension under Part II or IV at a rate determined under or by reference to subsection 30(1); or
(c) is receiving compensation under Part 3 or 4 of Chapter 4 of the
Military Rehabilitation and Compensation Act 2004 or receiving Special Rate Disability Pension under Part 6 of that chapter; or(d) is receiving compensation under section 19, 20, 21, 21A or 22 of the
Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 .(8) A veteran payment referred to in subsection (2) or (3) is not payable to a person if the person is a wholly dependent partner (within the meaning of the
Military Rehabilitation and Compensation Act 2004 ) of a deceased member (within the meaning of that Act).(9) If:
(a) a payment is made in respect of a person under the ABSTUDY Scheme; and
(b) the payment is made on the basis that the person is a full‑time student; and
(c) in the calculation of the payment, an amount identified as living allowance is included; and
(d) the payment relates to a period;
a veteran payment referred to in subsection (1), (2) or (3) is not payable to the person in respect of any part of the period.
Incorporation of other instruments
(10) Despite subsection 14(2) of the
Legislation Act 2003 , an instrument under subsection (1) of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.
Insert:
(aa) veteran payments; and
Paragraph 45SB(1)(a) of the
Veterans’ Entitlements Act 1986 , as inserted by this Act, applies in relation to:
(a) a claim made on or after the commencement of this item; and
(b) a claim made before that commencement, where the claim had not been determined immediately before that commencement.
Insert:
(3A) If the care recipient is entitled to a *veteran payment, his or her
total assessable income is the sum of:
(a) the amount of the care recipient’s veteran payment reduced by the amount worked out under subsection 5GA(3) of the
Veterans’ Entitlements Act 1986 to be the care recipient’s minimum pension supplement amount; and(b) the amount the Secretary determines to be the amount that would be worked out as the care recipient’s ordinary/adjusted income for the purpose of applying Module E of the Rate Calculator in Schedule 6 to the
Veterans’ Entitlements Act 1986 .Note: Determinations are reviewable under Part 6.1.
Omit “an *income support supplement or a *service pension”, substitute “a *service pension, an *income support supplement or a *veteran payment”.
After “(3)(b)”, insert “, (3A)(b)”.
Omit “or (3)(b)”, substitute “, (3)(b) or (3A)(b)”.
After “(3)(b)”, insert “, (3A)(b)”.
Omit “an *income support supplement or a *service pension”, substitute “a *service pension, an *income support supplement or a *veteran payment”.
Omit “an *income support supplement or a *service pension”, substitute “a *service pension, an *income support supplement or a *veteran payment”.
After “(3)(b)”, insert “, (3A)(b)”.
After “(3)(b)”, insert “, (3A)(b)”.
Insert:
veteran payment means a veteran payment made under an instrument made under section 45SB of theVeterans’ Entitlements Act 1986 .
Omit “an *income support supplement or a *service pension”, substitute “a *service pension, an *income support supplement or a *veteran payment”.
Omit “an *income support supplement or a *service pension”, substitute “a *service pension, an *income support supplement or a *veteran payment”.
Insert:
(3A) If the care recipient is entitled to a *veteran payment, his or her
total assessable income is the sum of:
(a) the amount of the care recipient’s veteran payment reduced by the amount worked out under subsection 5GA(3) of the
Veterans’ Entitlements Act 1986 to be the care recipient’s minimum pension supplement amount; and(b) the amount the Secretary determines to be the amount that would be worked out as the care recipient’s ordinary/adjusted income for the purpose of applying Module E of the Rate Calculator in Schedule 6 to the
Veterans’ Entitlements Act 1986 .Note: Determinations are reviewable under Part 6.1.
Omit “an *income support supplement or a *service pension”, substitute “a *service pension, an *income support supplement or a *veteran payment”.
After “(3)(b)”, insert “, (3A)(b)”.
Omit “or (3)(b)”, substitute “, (3)(b) or (3A)(b)”.
After “(3)(b)”, insert “, (3A)(b)”.
After “(3)(b)”, insert “, (3A)(b)”.
After “(3)(b)”, insert “, (3A)(b)”.
Insert:
veteran payment means a veteran payment made under an instrument made under section 45SB of theVeterans’ Entitlements Act 1986 .
24 Subsection 3(1) (paragraph (c) of the definition of receiving ) Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Insert:
veteran payment means a veteran payment made under an instrument made under section 45SB of theVeterans’ Entitlements Act 1986 .
Insert:
; (e) a veteran payment.
27
Subparagraphs 1(2)(a)(ii) and (b)(ii) of Schedule 1 Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Add:
or (v) a veteran payment;
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
31
Subclauses 38K(3) and (4) of Schedule 1 (method statement, steps 1 and 2) Omit “or income support supplement” (wherever occurring), substitute “, income support supplement or veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or a service pension or is receiving income support supplement under Part IIIA of the
Veterans’ Entitlements Act 1986 ”, substitute “, a service pension, income support supplement under Part IIIA of theVeterans’ Entitlements Act 1986 or a veteran payment”.
Insert:
(haaa) a veteran payment under an instrument made under Part IIIAA of the
Veterans’ Entitlements Act 1986 ;
Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “and”, substitute “or”.
Add:
(v) a veteran payment; and
After “pension”, insert “, veteran payment”.
Add:
; or (h) he or she is receiving a veteran payment made under an instrument made under section 45SB of the
Veterans’ Entitlements Act 1986 .
Insert:
(iva) a veteran payment made under an instrument made under section 45SB of the
Veterans’ Entitlements Act 1986 ; or
43 Subsection 22(4) (paragraph (d) of the definition of pensioner or beneficiary ) Omit “or income support supplement under Part IIIA”, substitute “, income support supplement under Part IIIA or a veteran payment under an instrument made under Part IIIAA”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “such a pension or allowance”, substitute “a pension, veteran payment (within the meaning of that Act) or allowance under that Act”.
Omit “such a pension or allowance”, substitute “a pension, veteran payment (within the meaning of that Act) or allowance under that Act”.
Insert:
21AA.1 | Supplementary amount is exempt (see section 52‑70) | Exempt |
Insert:
21AA | Veteran payment | Section 45SB | Section 45SB |
Add:
; or (g) a veteran payment made under an instrument made under section 45SB of the
Veterans’ Entitlements Act 1986 .
Add:
; or (g) a veteran payment made under an instrument made under section 45SB of the
Veterans’ Entitlements Act 1986 .
Add:
(7) This section does not apply in relation to a person who is receiving a veteran payment made under an instrument made under section 45SB of the
Veterans’ Entitlements Act 1986 .
Insert:
(ea) he or she is receiving a veteran payment made under an instrument made under section 45SB of the
Veterans’ Entitlements Act 1986 ; or
Insert:
veteran payment means a veteran payment made under an instrument made under section 45SB of theVeterans’ Entitlements Act 1986 .
After “pension”, insert “, veteran payment”.
55 Subparagraphs 4(11)(b)(iii), (c)(iii) and (d)(ii) Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
56 Subsection 5A(6) (after paragraph (d) of the definition of recipient child ) Insert:
(da) a veteran payment;
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
59
Subsection 9(1) (definition of pensioner couple ) Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
After “supplement” (wherever occurring), insert “, payment”.
After “supplement”, insert “, payment”.
After “supplement”, insert “, payment”.
64
Subsection 23(1) (at the end of the definition of income support payment ) Add:
; or (f) a veteran payment.
65
Subsection 23(1) (paragraph (b) of the definition of payday ) Omit “or income support supplement” (first occurring), substitute “, income support supplement or a veteran payment”.
66
Subsection 23(1) (paragraph (b) of the definition of payday ) Omit “or income support supplement” (last occurring), substitute “, income support supplement or veteran payment”.
67
Subsection 23(1) (paragraph (b) of the definition of social security recipient status ) Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Insert:
veteran payment means a veteran payment made under an instrument made under section 45SB of theVeterans’ Entitlements Act 1986 .
Add “or a veteran payment”.
Omit “or a service pension”, substitute “, a service pension or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or IIIA”, substitute “, IIIA or IIIAA”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Insert:
or (v) a veteran payment;
Insert:
or (v) a veteran payment;
Add “or a veteran payment”.
Omit “or a social security benefit or service pension”, substitute “, a social security benefit, a service pension or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or IIIA”, substitute “, IIIA or IIIAA”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Add “or a veteran payment”.
Omit “or a social security benefit or service pension”, substitute “, a social security benefit, a service pension or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Add “or a veteran payment”.
Omit “or a social security benefit or service pension”, substitute “, a social security benefit, a service pension or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or IIIA”, substitute “, IIIA or IIIAA”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Add “or a veteran payment”.
Omit “or a social security benefit or service pension”, substitute “, a social security benefit, a service pension or a veteran payment”.
Add “or a veteran payment”.
Omit “or a social security benefit or service pension”, substitute “, a social security benefit, a service pension or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Add “or a veteran payment”.
Omit “service pension”, substitute “a service pension or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “pension”, substitute “social security pension, service pension, income support supplement or veteran payment”.
Omit “a pension” (first occurring), substitute “a social security pension, a service pension, income support supplement or a veteran payment”.
Omit “of pension” (wherever occurring), substitute “of social security pension, service pension, income support supplement or veteran payment”.
Omit “a pension” (last occurring), substitute “a social security pension, a service pension, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
After “service pension”, insert “or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
After “income support supplement,”, insert “a veteran payment,”.
Omit “service pension or income support supplement”, substitute “a service pension, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “pension”, substitute “social security pension, service pension, income support supplement or veteran payment”.
Omit “a pension” (first occurring), substitute “a social security pension, a service pension, income support supplement or a veteran payment”.
Omit “of pension” (wherever occurring), substitute “of social security pension, service pension, income support supplement or veteran payment”.
Omit “a pension” (last occurring), substitute “a social security pension, a service pension, income support supplement or a veteran payment”.
Omit “a social security, service pension or income support supplement”, substitute “a social security pension, a service pension, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “service pension or income support supplement”, substitute “a service pension, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
Add “or a veteran payment”.
Omit “or a service pension”, substitute “, a service pension or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Add “or a veteran payment”.
Omit “or a social security benefit or service pension”, substitute “, a social security benefit, a service pension or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or IIIA”, substitute “, IIIA or IIIAA”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “pension”, substitute “payment”.
Repeal the heading, substitute:
Payments under the Veterans’ Entitlements Act
Omit “pensions”, substitute “payments”.
Insert:
(bb) a veteran payment;
Add:
(iv) a veteran payment;
Omit “or an income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or an income support supplement”, substitute “, income support supplement or a veteran payment”.
Repeal the heading, substitute:
No pharmaceutical allowance if partner receiving certain supplements under other Acts
Add “or a veteran payment”.
Repeal the heading, substitute:
No pharmaceutical allowance if partner receiving certain supplements under other Acts
Add “or a veteran payment”.
Repeal the heading, substitute:
No pharmaceutical allowance if partner receiving certain supplements under other Acts
Add “or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “service pension or income support supplement”, substitute “a service pension, income support supplement or a veteran payment”.
153
Section 1067G (after table item 7A in Module L of the Youth Allowance Rate Calculator) Insert:
7B | Veteran payment | (section 45SB of the Veterans’ Entitlements Act) |
Repeal the heading, substitute:
No pharmaceutical allowance if partner receiving certain supplements under other Acts
Add “or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “service pension or income support supplement”, substitute “a service pension, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
Repeal the heading, substitute:
No pharmaceutical allowance if partner receiving certain supplements under other Acts
Add “or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Repeal the heading, substitute:
No pharmaceutical allowance if partner receiving certain supplements under other Acts
Add “or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “service pension or income support supplement”, substitute “a service pension, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or an income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or supplement”, substitute “, supplement or payment”.
Omit “or an income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or supplement”, substitute “, supplement or payment”.
176
Subsection 1188C(5) (table items 17, 18, 24 and 25) Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or”.
Add:
(v) a veteran payment; or
Omit “or”.
Add:
(v) a veteran payment; or
Omit “or”.
Add:
(v) a veteran payment; or
Omit “or”.
Add:
(v) a veteran payment; or
Omit “or”.
Add:
(v) a veteran payment; or
Omit “or”.
Add:
(v) a veteran payment; or
Omit “and” (last occurring), substitute “or”.
Add:
(iv) is receiving a veteran payment and has reached pension age; and
Add:
or (iv) is receiving a veteran payment and has reached pension age;
Omit “or (iii)”, substitute “, (iii) or (iv)”.
After “pension”, insert “, veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
After “service pension” (last occurring), insert “, income support supplement or veteran payment”.
Omit “service pension or income support supplement”, substitute “a service pension, income support supplement or a veteran payment”.
Omit “or the income support supplement”, substitute “, the income support supplement or the veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or supplement”, substitute “, supplement or payment”.
Omit “or benefit” (last occurring), substitute “, benefit, supplement or payment”.
After “service pension”, insert “or a veteran payment”.
Omit “or benefit”, substitute “, benefit or payment”.
Repeal the heading, substitute:
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or the income support supplement”, substitute “, the income support supplement or the veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
208
Section 123TC (after paragraph (e) of the definition of category H welfare payment ) Insert:
(ea) a veteran payment; or
209
Section 123TC (after paragraph (d) of the definition of category R welfare payment ) Insert:
(da) a veteran payment; or
210
Section 123TC (paragraphs (b) and (c) of the definition of Part 3B payment nominee ) After “service pension”, insert “or veteran payment”.
Before “For”, insert “(1)”.
Add:
(2) For the purposes of this Part, a person is an
eligible recipient of a veteran payment while the person is receiving that payment.
213
Section 124D (at the end of paragraph (c) of the definition of schooling requirement payment ) Add:
; (iv) veteran payment.
Insert:
veteran payment means a veteran payment made under an instrument made under section 45SB of theVeterans’ Entitlements Act 1986 .
After “pension”, insert “, veteran payment”.
Insert:
(ib) is not receiving a veteran payment; and
Insert:
(ib) a veteran payment; or
Insert:
(ib) a veteran payment; or
Omit “a service pensioner or income support supplement recipient”, substitute “a person who is receiving a service pension, income support supplement or a veteran payment”.
Omit “pensioner’s”, substitute “person’s”.
After “IIIA”, insert “, IIIAA”.
Omit “a service pensioner or income support supplement recipient”, substitute “a person who is receiving a service pension, income support supplement or a veteran payment”.
Omit “pensioner’s”, substitute “person’s”.
After “IIIA”, insert “, IIIAA”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
After “Service pension”, insert “or veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
228
Subsection 5H(1) (note 2 to the definition of ordinary income ) Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
Insert:
(aa) a veteran payment;
After “income support supplement,”, insert “a veteran payment,”.
Omit “an income support supplement”, substitute “income support supplement, a veteran payment”.
Omit “an income support supplement”, substitute “income support supplement, a veteran payment”.
Omit “an income support supplement”, substitute “income support supplement, a veteran payment”.
After “income support supplement”, insert “, a veteran payment”.
Omit “such a pension” (wherever occurring), substitute “a service pension, income support supplement, a veteran payment or a social security pension”.
Omit “or an income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement and that pension or supplement”, substitute “, income support supplement or a veteran payment and that pension, supplement or payment”.
238
Subsection 5NB(1) (after paragraph (c) of the definition of compensation affected pension ) Insert:
(d) a veteran payment payable to a person who has not reached pension age (within the meaning of subsections 5QB(2), (3), (4) and (5)); or
After “IIIA”, insert “, IIIAA”.
240
Subsection 5Q(1) (paragraph (b) of the definition of comparable foreign pension ) After “income support supplement”, insert “, a veteran payment”.
241
Subsection 5Q(1) (paragraph (a) of the definition of pension supplement amount ) After “Schedule 6”, insert “or whose rate of veteran payment is worked out under subpoint SCH6‑A1(8) or (9) of Schedule 6”.
Insert:
veteran payment means a veteran payment made under an instrument made under section 45SB.
Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
Omit “rate of pension or income support supplement”, substitute “rate of pension, income support supplement or veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
Omit “rate of pension or income support supplement”, substitute “rate of pension, income support supplement or veteran payment”.
Insert:
or (iii) a veteran payment;
Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
250
Subsection 27A(2) (method statement, steps 4 and 5) Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
Insert:
(aa) a veteran payment; or
Insert:
(iiia) veteran payment; or
Omit “pension or allowance”, substitute “pension, supplement or payment”.
Insert:
(aa) a veteran payment; or
Insert:
(iiia) veteran payment; or
Omit “pension or allowance”, substitute “pension, supplement or payment”.
Insert:
(aa) a veteran payment; or
Insert:
(iia) veteran payment; or
After “pension” (first occurring), insert “or payment”.
After “an invalidity service pension,”, insert “a veteran payment,”.
Insert:
(ba) a veteran payment; or
After “a service pension”, insert “, a veteran payment”.
After “pension”, insert “or payment”.
After “partner service pension”, insert “or a veteran payment”.
Add “or a veteran payment”.
After “a service pension”, insert “, a veteran payment”.
Repeal the heading, substitute:
After “income support supplement”, insert “, a veteran payment”.
Omit “or an income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement rate”, substitute “, income support supplement rate or veteran payment rate”.
Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
After “invalidity service pension”, insert “or veteran payment”.
After “partner service pension”, insert “or veteran payment”.
After “income support supplement”, insert “or veteran payment”.
Insert:
or (iii) veteran payment;
After “IIIA”, insert “, or rate of veteran payment,”.
After “IIIA”, insert “, or rate of veteran payment,”.
After “IIIA”, insert “, or rate of veteran payment,”.
After “income support supplement”, insert “, a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement rate”, substitute “, income support supplement rate or veteran payment rate”.
Omit “or income support supplement rate”, substitute “, income support supplement rate or veteran payment rate”.
Repeal the heading, substitute:
Deduction from maximum payment rate
Omit “or income support supplement maximum payment rate”, substitute “, income support supplement maximum payment rate or veteran payment maximum payment rate”.
Omit “pension”, substitute “service pension, income support supplement or veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
289
After subparagraphs 52ZZX(10)(a)(ii) and (b)(ii) Insert:
(iia) a veteran payment;
290
After subparagraphs 52ZZZC(8)(a)(ii) and (b)(ii) Insert:
(iia) a veteran payment;
291
After subparagraphs 52ZZZP(3)(a)(ii) and (b)(ii) Insert:
(iia) a veteran payment;
Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
After “those payments”, insert “or to verify the eligibility of persons for veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
Insert:
(iia) is receiving a veteran payment and has reached pension age (within the meaning of subsections 5QB(2), (3), (4) and (5)); or
Omit “subparagraph (1)(b)(iii)”, substitute “subparagraph (1)(b)(iia) or (iii)”.
Omit “and
social security pension ”, substitute “,social security pension andveteran payment ”.
Insert:
(iia) is receiving a veteran payment and has reached pension age (within the meaning of subsections 5QB(2), (3), (4) and (5)); or
After “subparagraph (b)(i), (ii)”, insert “, (iia)”.
Omit “subparagraph (1)(b)(iii)”, substitute “subparagraph (1)(b)(iia) or (iii)”.
Omit “and
social security pension ”, substitute “,social security pension andveteran payment ”.
Insert:
(4A) If:
(a) a veteran begins to receive a veteran payment on a day; and
(b) on the day before that day the veteran was receiving an age or invalidity service pension;
then, for the purposes of this section, the veteran is taken to be receiving an age or invalidity service pension, and paragraph (1)(a) is taken to be satisfied, while the veteran is receiving that veteran payment.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
After “income support supplement”, insert “, or whose eligibility for a veteran payment,”.
Repeal the subsection, substitute:
(2) A reference in subsection (1) to a person to whom a service pension, income support supplement or veteran payment is being paid includes a person to whom the whole or a part of the pension, supplement or payment is being paid for the purpose of being applied for the benefit of the person entitled to the pension, supplement or payment.
After “pension”, insert “or veteran payment”.
Repeal the heading, substitute:
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
After “income support supplement”, insert “, or whose eligibility for a veteran payment,”.
Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
Repeal the subsection, substitute:
(2) A reference in subsection (1) to a person to whom a service pension, income support supplement or a veteran payment is being paid includes a person to whom the whole or a part of the pension, supplement or payment is being paid for the purpose of being applied for the benefit of the person entitled to the pension, supplement or payment.
After “income support supplement,”, insert “a veteran payment”.
After “affect the payment of the pension, supplement”, insert “or payment”.
Repeal the subsection, substitute:
(2) A reference in subsection (1) to a person receiving a service pension, income support supplement or a veteran payment includes a person to whom the whole or a part of the pension, supplement or payment is being paid for the purpose of being applied for the benefit of the person entitled to the pension, supplement or payment.
Repeal the heading, substitute:
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Repeal the heading, substitute:
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “pension or income support supplement”, substitute “pension, income support supplement or veteran payment”.
Omit “the pension or income support supplement” (last occurring), substitute “the pension, income support supplement or veteran payment”.
Repeal the subsection, substitute:
(2) If the pension, income support supplement or veteran payment ceases to be payable to the person under subsection (1), the pension, supplement or payment is cancelled.
Note: The person’s eligibility for benefits under Division 12 will also cease.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “pension or income support supplement”, substitute “pension, income support supplement or veteran payment”.
Omit “the pension or income support supplement”, substitute “the pension, income support supplement or veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “pension or income support supplement”, substitute “pension, income support supplement or veteran payment”.
Omit “the pension or income support supplement” (last occurring), substitute “the pension, income support supplement or veteran payment”.
Repeal the subsection, substitute:
(2) If the pension, income support supplement or veteran payment ceases to be payable to the person under subsection (1), the pension, supplement or payment is cancelled.
Note: The person’s eligibility for benefits under Division 12 will also cease.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
Omit “the pension or income support supplement”, substitute “the pension, income support supplement or veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or supplement”, substitute “, supplement or payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or supplement”, substitute “, supplement or payment”.
Omit “or supplement”, substitute “, supplement or payment”.
Omit “or supplement” (last occurring), substitute “, supplement or payment”.
Omit “pensioner for an increase in the rate of the pension or supplement”, substitute “person for an increase in the rate of the pension, supplement or payment”.
Omit “or income support supplement” (wherever occurring), substitute “, income support supplement or veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
Omit “pensioner for a decrease in the rate of the pension or supplement”, substitute “person for a decrease in the rate of the pension, supplement or payment”.
Omit “or income support supplement” (wherever occurring), substitute “, income support supplement or veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
Omit “or supplement” (wherever occurring), substitute “, supplement or payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
After “the pension”, insert “, supplement or payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement” (last occurring), substitute “, income support supplement or veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement” (last occurring), substitute “, income support supplement or veteran payment”.
Repeal the heading, substitute:
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or supplement” (wherever occurring), substitute “, supplement or payment”.
Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
Omit “pension or income support supplement”, substitute “pension, supplement or payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement” (first occurring), substitute “, income support supplement or a veteran payment”.
Omit “the pension or income support supplement”, substitute “the service pension, income support supplement or veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
Repeal the heading, substitute:
Omit “or income support supplement”, substitute “, income support supplement or veteran payment”.
Repeal the heading, substitute:
Omit “pensioner”, substitute “person”.
Omit “or income support supplement for a continuous period of 6 months, the Commission may cancel or suspend the pension or income support supplement”, substitute “, income support supplement or veteran payment for a continuous period of 6 months, the Commission may cancel or suspend the pension, supplement or payment”.
After “pension”, insert “, income support supplement or a veteran payment”.
Omit “or the income support supplement,”, substitute “income support supplement or a veteran payment”.
Omit “or supplement”, substitute “, supplement or payment”.
Omit “or the income support supplement,”, substitute “income support supplement or a veteran payment”.
Omit “or supplement”, substitute “, supplement or payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or supplement” (wherever occurring), substitute “, supplement or payment”.
Repeal the heading, substitute:
Insert:
(1A) A person who is dissatisfied with either of the following decisions of the Commission made under an instrument made under section 45SB may request the Commission to review the decision:
(a) a decision that the person is not eligible for a veteran payment;
(b) a decision determining the rate of the person’s veteran payment.
Omit “pensioner”, substitute “person”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
After “income support supplement”, insert “or granting a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
After “granted the claim”, insert “or the veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
After “income support supplement”, insert “or grants a veteran payment”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
Repeal the heading, substitute:
389 Subdivision A of Division 17 of Part IIIB (heading) Repeal the heading, substitute:
Before “This Subdivision”, insert “(1)”.
Insert:
(aa) veteran payments (see Part IIIAA); and
Add:
(2) For the purposes of this Subdivision,
pension includes veteran payment.Note: The definition of
pension in section 5Q also includes income support supplement.
Omit “(7) and”, substitute “(6) to”.
Insert:
(8) If:
(a) an amount of an instalment of veteran payment is payable to a person in relation to a particular day; and
(b) on that day, the person is residing in Australia and:
(i) is in Australia; or
(ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks; and
(c) apart from this subsection, the portion of the instalment corresponding to that day would be less than 1/364 of the person’s minimum pension supplement amount, but more than a nil amount;
the amount of that portion of the instalment is to be increased to 1/364 of the person’s minimum pension supplement amount.
Omit “pensioner’s pension”, substitute “pension of a person (the
primary person )”.
Omit “pensioner”, substitute “primary person”.
Omit “that person”, substitute “the other person”.
Omit “that person”, substitute “the other person”.
Omit “pensioner”, substitute “primary person”.
Omit “made to a person”, substitute “made to another person”.
Omit “pensioner”, substitute “primary person”.
Omit “the person”, substitute “the other person”.
Omit “pensioner”, substitute “primary person”.
404
Subdivision B of Division 17 of Part IIIB (heading) Repeal the heading, substitute:
Repeal the heading, substitute:
Insert:
or (e) a veteran payment;
Repeal the heading, substitute:
After “pension” (wherever occurring), insert “or veteran payment”.
Omit “Table B”, substitute “Table B‑1”.
Insert:
1B | Maximum basic rates for veteran payment for a person who is partnered | partnered veteran payment MBR | Rate Calculator—point SCH6‑B2—Table B‑2—column 3— |
1C | Maximum basic rates for veteran payment for a person who is not partnered | single veteran payment MBR | Rate Calculator—point SCH6‑B2—Table B‑2—column 3— |
411 At the end of Subdivision C of Division 18 of Part IIIB Add:
Partnered veteran payment MBR
(1) This Act has effect as if, on each adjustment day, the amount worked out in accordance with the following formula, and rounded up to the nearest multiple of $5.20, were substituted for the partnered veteran payment MBR:
where:
previous partnered veteran payment MBR is the partnered veteran payment MBR applicable on the day before the adjustment day.
Single veteran payment MBR
(2) This Act has effect as if, on each adjustment day, the amount worked out in accordance with the following formula, and rounded up to the nearest multiple of $2.60, were substituted for the single veteran payment MBR:
where:
previous single veteran payment MBR is the single veteran payment MBR applicable on the day before the adjustment day.
Definitions
(3) In this section:
adjustment day means the following:
(a) 20 March;
(b) 20 September.
current single pension rate MBR means the single pension rate MBR (see item 1A of the table in section 59A) applicable on the adjustment day.
pension MBR factor means:
previous single pension rate MBR means the single pension rate MBR (see item 1A of the table in section 59A) applicable on the day before the adjustment day.
(4) A pension MBR factor worked out under subsection (3) is to be worked out to 3 decimal places. However:
(a) if a pension MBR factor worked out under subsection (3) would, if it were worked out to 4 decimal places, end in a number that is greater than 4, the pension MBR factor is to be increased by 0.001; and
(b) if a pension MBR factor worked out under subsection (3) or paragraph (a) of this subsection would be less than 1, the pension MBR factor is to be increased to 1.
Insert:
(g) veteran payment;
413
Paragraph 59Q(7)(b) (definition of maximum basic rate ) Omit “Table B”, substitute “Table B‑1”.
Add:
(14) If:
(a) a veteran begins to receive a veteran payment on a day; and
(b) on the day before that day the veteran was receiving a service pension under Part III;
then, for the purposes of paragraph (7)(b) or (7A)(a), the veteran is taken to be receiving a service pension under Part III while the veteran is receiving that veteran payment.
Add:
(3) This section does not apply in relation to a person if the person is receiving a veteran payment.
Repeal the paragraphs, substitute:
(a) either:
(i) the person is receiving a partner service pension, an invalidity service pension or income support supplement, and the person has not reached pension age; or
(ii) the person is receiving a veteran payment, and the person has not reached pension age (within the meaning of subsections 5QB(2), (3), (4) and (5)); and
Omit “service pension”, substitute “a service pension or a veteran payment”.
Omit “service pension or income support supplement”, substitute “a service pension, income support supplement or a veteran payment”.
Insert:
(fa) is not receiving a veteran payment; and
Insert:
(fa) the person is not receiving a veteran payment; and
After “application”, insert “or the grant of a veteran payment”.
After “pension”, insert “, a veteran payment”.
After “pension”, insert “or a veteran payment”.
Omit “pensioner”, substitute “person (the
pensioner ) to whom the pension is payable”.
Repeal the heading, substitute:
Omit “of a pensioner”, substitute “of a person (the
pensioner )”.
After “pensioner’s pension”, insert “or veteran payment”.
Omit “or pension”, substitute “, pension or veteran payment”.
429
Subsection 128A(1) (after paragraph (a) of the definition of income payment ) Insert:
(b) a veteran payment; or
After “pension”, insert “, veteran payment”.
Insert:
(aa) a person whose eligibility for a veteran payment is being considered; or
After “claim”, insert “, consideration”.
Omit “or person”, substitute “, a person whose eligibility for a veteran payment is being considered or a person”.
Repeal the heading, substitute:
Omit “of a pensioner”, substitute “of a person (the
primary person )”.
After “of a pension”, insert “, veteran payment”.
Omit “payable to the pensioner be made to another person as trustee for the pensioner”, substitute “payable to the primary person be made to another person as trustee for the primary person”.
After “of the pension”, insert “, veteran payment”.
Omit “in respect of a pension or allowance payable to a pensioner”, substitute “in respect of a pension, veteran payment or allowance payable to the primary person”.
After “pension”, insert “, veteran payment”.
Omit “pensioner” (wherever occurring), substitute “primary person”.
After “pension” (wherever occurring), insert “, veteran payment”.
Omit “pension or allowance payable to a pensioner”, substitute “pension, veteran payment or allowance payable to a person”.
After “pension”, insert “, veteran payment”.
Omit “pensions or allowances payable to 2 or more pensioners”, substitute “pensions, veteran payments or allowances payable to 2 or more persons”.
Omit “those pensioners”, substitute “those persons”.
Omit “pensioner”, substitute “person”.
After “pension”, insert “, veteran payment”.
449
Subsection 202A(8) (definition of trust funds ) Omit “pension or allowance payable to a pensioner, means the instalments of the pension or allowance”, substitute “pension, veteran payment or allowance payable to a person, means the instalments of the pension, veteran payment or allowance”.
Omit “pension or allowance payable to a pensioner”, substitute “pension, veteran payment or allowance payable to a person”.
After “pension”, insert “, veteran payment”.
Omit “pensioner”, substitute “person”.
Omit “or income support supplement”, substitute “, income support supplement or a veteran payment”.
After “a pension”, insert “, veteran payment”.
Omit “in this section called the
new pension or allowance ”, substitute “thenew payment ”.
Omit “new pension or allowance” (wherever occurring), substitute “new payment”.
After “a pension”, insert “, veteran payment”.
Omit “in this section called the
existing pension, benefit or allowance ”, substitute “theexisting payment ”.
Omit “existing pension, benefit or allowance”, substitute “existing payment”.
Omit “new pension or allowance”, substitute “new payment”.
Omit “existing pension, benefit or allowance” (last occurring), substitute “existing payment”.
Omit “new pension or allowance” (last occurring), substitute “new payment”.
Insert:
(ia) in connection with the consideration of the eligibility of the person or another person for a veteran payment; or
Repeal the heading, substitute:
Repeal the heading, substitute:
Repeal the heading, substitute:
Service pension and veteran payment
After “If a person’s rate of service pension”, insert “or veteran payment”.
Add:
Note 3: Section 60A applies to a person receiving a service pension (but does not apply to a person receiving a veteran payment).
Omit “pension”, substitute “service pension, income support supplement or veteran payment”.
Add:
Method statement 7 (veteran payment, not blind)
(8) The rate of veteran payment for a person who is not permanently blind is worked out in accordance with method statement 7.
Method statement 7
Step 1. Work out the person’s
maximum basic rate using Module B below.Step 2. Work out the amount of pension supplement using Module BA below.
Step 3. Work out the amount per year (if any) by way of rent assistance using Module C below.
Step 4. Add up the amounts obtained in steps 1, 2, and 3: the result is called the
maximum payment rate .Step 5. Apply the ordinary/adjusted income test using Module E below to work out the reduction for ordinary/adjusted income.
Step 6. Take the reduction for ordinary/adjusted income away from the maximum payment rate: the result is called the
income reduced rate .Step 7. Apply the assets test using Module F below to work out the reduction for assets.
Step 8. Take the reduction for assets away from the maximum payment rate: the result is called the
assets reduced rate .Step 9. Compare the income reduced rate and the assets reduced rate: the lower of the 2 rates, or the income reduced rate if the rates are equal, is the
provisional payment rate .Step 10. Work out the amount per year (if any) payable by way of remote area allowance using Module G below.
Step 11. Add any amount obtained in step 10 to the person’s provisional payment rate (see step 9). The result is the person’s
rate of veteran payment .
Note 1: For ordinary/adjusted income see point SCH6‑E1.
Note 2: If a person’s assets reduced rate is less than the person’s income reduced rate, the person may be able to take advantage of provisions dealing with financial hardship (sections 52Y and 52Z).
Note 3: If a person’s rate is reduced because of Module E or F, the order in which the reduction is to be made against the components of the maximum payment rate is laid down by clause 4 of Part 1.
Note 4: The rate calculation for a member of a couple is affected by the operation of point SCH6‑A2.
Note 5: The rate of veteran payment for a day will be rounded to the nearest cent (see subsection 58A(5)).
Note 6: For the minimum amount of a fortnightly instalment of veteran payment, see subsection 58A(9).
Note 7: An amount of remote area allowance is to be added under step 11 only if the person’s rate of veteran payment is greater than nil.
(9) The rate of veteran payment for a person who is permanently blind is worked out in accordance with method statement 8.
Method statement 8 Step 1. Work out what would be the person’s rate of veteran payment if method statement 7 applied to the person: the result is called the
notional income/assets tested rate .
Note: This is the only situation in which a blind person’s veteran payment can be made subject to an income test or assets test (see point SCH6‑A3).
Step 2. Work out the person’s
maximum basic rate using Module B below.Step 3. Work out the amount of pension supplement using Module BA below.
Step 4. Add up the amounts obtained in steps 2 and 3: the result is called the
maximum payment rate .Step 5. Work out the amount per year (if any) payable by way of remote area allowance using Module G below.
Step 6. Add:
(a) the maximum payment rate; and
(b) any amount obtained under step 5.
The result is called the
non‑income/assets tested rate .Step 7. Compare the notional income/assets tested rate and the non‑income/assets tested rate: whichever is the greater is the person’s
rate of veteran payment .
Note 1: The rate of veteran payment for a day will be rounded to the nearest cent (see subsection 58A(5)).
Note 2: For the minimum amount of a fortnightly instalment of veteran payment, see subsection 58A(9).
Omit “, a permanently blind person’s pension”, substitute “or in method statement 8 (applicable in respect of permanently blind veteran payment recipients), a permanently blind person’s service pension or veteran payment”.
Repeal the heading, substitute:
Maximum basic rate for service pension or income support supplement
After “A person’s maximum basic rate”, insert “for service pension or income support supplement”.
Omit “Table B”, substitute “Table B‑1”.
Repeal the heading, substitute:
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476 At the end of Module B of Part 2 of Schedule 6 Add:
Maximum basic rate for veteran payment SCH6‑B2 A person’s maximum basic rate for veteran payment depends on the person’s family situation. Work out which family situation in Table B‑2 applies to the person. The maximum basic rate is the corresponding amount in column 3.
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Note 1: For
member of a couple andpartnered see section 5E, and forillness separated couple andrespite care couple see subsections 5R(5) and (6).Note 2: The maximum basic rates are adjusted 6‑monthly in line with service pensions (see section 59LB).
Add:
Note: Section 60A applies to a person receiving a service pension or income support supplement (but does not apply to a person receiving a veteran payment).
Omit “or an income support supplement”, substitute “, income support supplement or a veteran payment”.
After “service pension” (last occurring), insert “or a veteran payment”.
After “service pension”, insert “or a veteran payment”.
Omit “, or social security pension”, substitute “, a veteran payment or a social security pension”.
Omit “or social security pension”, substitute “, a veteran payment or a social security pension”.
Omit “or income support supplement rate”, substitute “, income support supplement rate or veteran payment rate”.
After “service pension”, insert “or a veteran payment”.
485
Point SCH6‑E1 of Schedule 6 (paragraph (a) of the definition of ordinary/adjusted income ) After “service pension”, insert “or veteran payment”.
486
Point SCH6‑E2 of Schedule 6 (method statement, step 2, note) Omit “pension rate”, substitute “rate of service pension, income support supplement or veteran payment”.
Repeal the heading, substitute:
Reduction for ordinary/adjusted income in excess of ordinary/adjusted income free area
Omit “, a Commonwealth authority, a licensed corporation”.
Omit “, Commonwealth authority or licensed corporation”.
Omit “, a Commonwealth authority, a licensed corporation”.
Omit “, a Commonwealth authority, a licensed corporation”.
Omit “, the Commonwealth authority, the licensed corporation”.
Omit “, the Commonwealth authority, the licensed corporation”.
Omit “, a Commonwealth authority, a licensed corporation”.
Omit “, a Commonwealth authority, a licensed corporation”.
Omit “Comcare”, substitute “the MRCC”.
Omit “, a Commonwealth authority, a licensed corporation”.
Omit “Comcare”, substitute “the MRCC”.
Omit “Comcare”, substitute “the MRCC”.
Omit “Comcare”, substitute “the Commonwealth”.
Omit “Comcare”, substitute “the MRCC”.
Omit “Comcare’s taking over the conduct of a claim under that section”, substitute “the taking over by the MRCC of the conduct of a claim under that section”.
Omit “Comcare”, substitute “the MRCC”.
Repeal the paragraph.
Omit “Comcare”, substitute “the MRCC”.
Omit “Comcare”, substitute “the Commonwealth”.
Omit “Comcare”, substitute “the Commonwealth”.
Omit “Comcare”, substitute “the Commonwealth”.
Omit “Comcare”, substitute “the MRCC”.
Omit “it becomes”, substitute “the Commonwealth becomes”.
Omit “Comcare” (wherever occurring), substitute “the MRCC”.
Omit “Comcare” (wherever occurring), substitute “the MRCC”.
Omit “Comcare”, substitute “the MRCC”.
Omit “Comcare proposes”, substitute “the MRCC proposes”.
Omit “Comcare”, substitute “the MRCC”.
Omit “Comcare makes”, substitute “the MRCC makes”.
Omit “Comcare”, substitute “the MRCC”.
Omit “taken over by Comcare”, substitute “taken over by the MRCC”.
Omit “to Comcare and Comcare”, substitute “to the Commonwealth and the Commonwealth”.
Omit “Comcare”, substitute “the Commonwealth”.
Omit “Comcare must pay”, substitute “The Commonwealth must pay”.
Omit “Comcare” (wherever occurring), substitute “the Commonwealth”.
Repeal the heading, substitute:
Omit “Comcare may”, substitute “the MRCC may”.
Omit “to Comcare” (wherever occurring), substitute “to the Commonwealth”.
Omit “Comcare may”, substitute “the MRCC may”.
Omit “to Comcare” (wherever occurring), substitute “to the Commonwealth”.
Omit “an amount to Comcare”, substitute “an amount to the Commonwealth”.
Omit “Comcare may recover”, substitute “the MRCC may, on behalf of the Commonwealth, recover”.
Omit “due to Comcare”, substitute “due to the Commonwealth”.
Omit “Comcare” (wherever occurring), substitute “the Commonwealth”.
Repeal the heading, substitute:
Omit “Comcare”, substitute “the Commonwealth”.
Omit “Comcare”, substitute “The MRCC”.
Omit “Comcare”, substitute “the MRCC”.
Omit “Comcare”, substitute “the MRCC”.
Omit “Comcare” (wherever occurring), substitute “the MRCC”.
Omit “Comcare” (wherever occurring), substitute “the MRCC”.
Omit “Comcare”, substitute “the MRCC”.
Omit “Comcare” (first occurring), substitute “the MRCC”.
Omit “Comcare”, substitute “the MRCC”.
Omit “Comcare” (wherever occurring), substitute “the MRCC”.
Omit “Comcare”, substitute “the MRCC”.
Omit “Comcare” (first occurring), substitute “the MRCC”.
Omit “Comcare” (second occurring), substitute “the Commonwealth”.
Omit “Comcare”, substitute “the MRCC”.
Repeal the subsection, substitute:
(4) The MRCC must cause a copy of any claim it receives to be given to the Secretary of the Defence Department.
Omit “paid to, or in accordance with the directions of, a relevant authority under subsection 17(3) or (4),”, substitute “paid to the Commonwealth, or in accordance with the directions of the MRCC under subsection 17(3) or (4),”.
187
Subsection 60(1) (definition of determination ) Omit “34,”.
Repeal the paragraph, substitute:
(c) the MRCC.
Repeal the subsection.
Omit “the Commonwealth; or”, substitute “the Commonwealth.”.
Repeal the paragraph.
Repeal the subsection.
Omit “the Commonwealth; or”, substitute “the Commonwealth.”.
Repeal the paragraphs.
Repeal the subsection.
Omit “responsible authority”, substitute “Commonwealth”.
Omit “a determining authority”, substitute “the MRCC”.
Omit “authority”, substitute “MRCC”.
Omit “responsible authority”, substitute “Commonwealth”.
Omit “the determining authority”, substitute “the MRCC”.
Omit “a determining authority”, substitute “the MRCC”.
Omit “authority”, substitute “MRCC”.
Omit “responsible authority”, substitute “Commonwealth”.
Omit “the determining authority”, substitute “the MRCC”.
Omit “a determining authority”, substitute “the MRCC”.
Omit “A determining authority”, substitute “The MRCC”.
Omit “a determining authority”, substitute “the MRCC”.
Omit “responsible authority”, substitute “Commonwealth”.
Omit “paid by:”, substitute “paid by the Commonwealth.”.
Repeal the paragraphs.
Repeal the subsection.
Omit “responsible authority”, substitute “Commonwealth”.
Omit “the authority”, substitute “the MRCC”.
Omit “Comcare or authority”, substitute “the MRCC”.
Omit “the authority”, substitute “the MRCC”.
Omit “a responsible authority”, substitute “the Commonwealth”.
Omit “responsible authority”, substitute “Commonwealth”.
Add:
(5) The MRCC may establish trust funds for the purposes of this section.
Omit “(2A),”.
Omit “a relevant authority”, substitute “the Commonwealth”.
Repeal the subsection.
Omit “a relevant authority”, substitute “the Commonwealth”.
Omit “a relevant authority”, substitute “the Commonwealth”.
Omit “or a relevant authority”.
Omit “Comcare”, substitute “the Commonwealth”.
Omit “Comcare may”, substitute “The MRCC may, on behalf of the Commonwealth,”.
Omit “Comcare”, substitute “the MRCC”.
Omit “Subject to section 23A, the”, substitute “The”.
Repeal the note.
Omit “Comcare”, substitute “the Commonwealth”.
Omit “Comcare”, substitute “the Commonwealth”.
Omit “Comcare may”, substitute “The MRCC may, on behalf of the Commonwealth,”.
Omit “Comcare”, substitute “the MRCC”.
Omit “Subject to section 23A, the”, substitute “The”.
Repeal the note.
Omit “Comcare”, substitute “the Commonwealth”.
Repeal the heading, substitute:
Omit “a relevant authority”, substitute “the Commonwealth”.
Omit “relevant authority”, substitute “Commonwealth”.
Omit “relevant authority shall”, substitute “Commonwealth must”.
Omit “shall realise”, substitute “must realise”.
Omit “to the relevant authority and of the relevant authority”, substitute “to the Commonwealth and of the Commonwealth”.
Repeal the heading, substitute:
Repeal the paragraph, substitute:
(a) an employee of the Commonwealth is receiving, or is entitled to receive, compensation under this Act; and
Omit “Comcare stating”, substitute “the MRCC stating”.
Repeal the paragraph, substitute:
(c) the MRCC is of the opinion that the retired employee may have been paid, or might be paid, amounts of compensation under this Act in excess of the amounts that he or she was entitled to receive because of section 20, 21 or 21A;
Omit “Comcare or the authority, as the case may be,”, substitute “The MRCC”.
Repeal the paragraph, substitute:
(a) stating that the retired employee may receive, or may have received, an overpayment of compensation; and
Omit “Comcare or the authority”, substitute “the MRCC”.
Omit “Comcare or the authority”, substitute “the MRCC”.
Omit “Comcare or the authority, as the case may be,”, substitute “The MRCC”.
Omit “Comcare or a licensed authority receives”, substitute “the MRCC receives”.
Omit “Comcare or the authority, as the case may be,”, substitute “the MRCC”.
Omit “Comcare or the authority”, substitute “the MRCC”.
Omit “Comcare or a licensed authority”, substitute “The MRCC”.
Omit “Comcare or the licensed authority”, substitute “the MRCC”.
Omit “Comcare or the authority”, substitute “the MRCC”.
Omit “Comcare or a licensed authority”, substitute “the MRCC”.
Omit “Comcare or the authority, as the case may be”, substitute “the MRCC”.
Omit “Comcare or a licensed authority”, substitute “the MRCC”.
261
Subsection 114B(15) (definition of working day ) Omit “Comcare or a licensed authority”, substitute “the MRCC”.
Repeal the heading, substitute:
Omit “Comcare may”, substitute “The MRCC may, on behalf of the Commonwealth,”.
Omit “to Comcare”, substitute “to the Commonwealth”.
Omit “Comcare”, substitute “the MRCC”.
Repeal the heading, substitute:
Omit “Comcare may”, substitute “The MRCC may, on behalf of the Commonwealth,”.
Omit “its right”, substitute “the Commonwealth’s right”.
Omit “to Comcare”, substitute “to the Commonwealth”.
Omit “Comcare”, substitute “the MRCC”.
Omit “Comcare”, substitute “the MRCC”.
Omit “Comcare”, substitute “the MRCC”.
Omit “Comcare”, substitute “the MRCC”.
Repeal the section.
Omit “a relevant authority”, substitute “the Commonwealth”.
Omit “the relevant authority may recover”, substitute “the MRCC may, on behalf of the Commonwealth, recover”.
Omit “paid by it”, substitute “paid by the Commonwealth”.
Omit “the authority”, substitute “the Commonwealth”.
Omit “A relevant authority that has received a claim”, substitute “If the MRCC has received a claim, the MRCC”.
Omit “by a relevant authority”, substitute “by the Commonwealth”.
Omit “to the relevant authority”, substitute “to the Commonwealth”.
Omit “a relevant authority”, substitute “the Commonwealth”.
Omit “the relevant authority”, substitute “the Commonwealth”.
Omit “debtor to the relevant authority”, substitute “debtor to the Commonwealth”.
Omit “the relevant authority”, substitute “the Commonwealth”.
Omit “a relevant authority”, substitute “the Commonwealth”.
Omit “the relevant authority”, substitute “the MRCC”.
Omit “the relevant authority” (wherever occurring), substitute “the MRCC”.
Omit “the relevant authority”, substitute “the MRCC”.
Repeal the section.
Omit “Minister”, substitute “MRCC”.
Repeal the section.
Omit “, or of a Commonwealth authority,”.
Omit “the relevant authority”, substitute “the Commonwealth”.
Omit “the corresponding liability of that relevant authority”, substitute “its corresponding liability”.
Omit “, or of a Commonwealth authority,”.
Omit “the corresponding liability of the relevant authority”, substitute “its corresponding liability”.
Omit “, or of a Commonwealth authority,”.
Omit “by the relevant authority”, substitute “by the MRCC”.
Omit “of the relevant authority”, substitute “of the Commonwealth”.
Omit “by the relevant authority”, substitute “by the MRCC”.
Omit “of that relevant authority”, substitute “of the Commonwealth”.
Omit “, or of a Commonwealth authority,”.
Omit “relevant authority”, substitute “Commonwealth”.
Repeal the section.
Omit “Comcare”, substitute “the MRCC”.
Omit “Comcare”, substitute “the MRCC”.
Omit “Comcare may”, substitute “The MRCC may”.
Omit “Comcare”, substitute “the MRCC”.
Omit “Comcare” (wherever occurring), substitute “the MRCC”.
Omit “Comcare”, substitute “the MRCC”.
Omit “a relevant authority”, substitute “the Commonwealth”.
Omit “relevant authority”, substitute “MRCC”.
Omit “relevant authority must”, substitute “MRCC must”.
Omit “its liability”, substitute “the liability of the Commonwealth”.
Omit:
This Part also modifies the operation of this Act in relation to the Safety, Rehabilitation and Compensation Commission and in relation to the liabilities of Comcare and the Commonwealth for members of the Defence Force.
Omit “(1)”.
Repeal the subsections.
Omit “
SRCA injury ”, substitute “DRCA injury ”.
Omit “SRCA injury”, substitute “DRCA injury”.
Omit “SRCA injury”, substitute “DRCA injury”.
Omit “SRCA injury” (wherever occurring), substitute “DRCA injury”.
Omit “SRCA injury”, substitute “DRCA injury”.
Repeal the subsection.
Repeal the section, substitute:
Section 61 applies as if it requires the determining authority to give a copy of the notice to the Chief of the Defence Force if the determination relates to liability for an injury, disease or death, or the permanent impairment, of a person who was a member of the Defence Force:
(a) for an injury, disease or permanent impairment—at the time when the determination was made; or
(b) for a death—at the time of death.
Insert:
(1B) The MRCC (or a staff member assisting the MRCC) may provide any information obtained in the performance of duties under this Act to the Chief of the Defence Force for a purpose relating to the reconsideration or review under Part VI of a determination made under this Act about acceptance of liability for an injury, disease or death.
Omit “or (1A)”, substitute “, (1A) or (1B)”.
Repeal the section.
Repeal the Division.
(1) Section 147 of the
Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 , as inserted by this Schedule, applies in relation to notices given at or after the commencement of this item.(2) The amendments of section 151A of the
Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 made by this Schedule apply in relation to disclosures of information on or after the commencement of this item (whether the information was obtained before, on or after that commencement).
Insert:
(1) If compensation under this Act is payable to, or for the benefit of, a person who is:
(a) a member of a Peacekeeping Force, for the purposes of Part IV of the
Veterans’ Entitlements Act 1986 ; or(b) a dependant of such a member;
the person may, by notice in writing to Comcare, request that an amount (the
compensation amount ) of compensation under this Act to which the person is entitled, or may become entitled, not be paid to, or for the benefit of, the person.
(2) When Comcare receives the request, the compensation amount:
(a) ceases to be payable at the time of that receipt; and
(b) if the amount would become payable during the period when the request is in force, does not become payable.
(3) The person may, by notice in writing to Comcare, revoke the request.
(4) The revocation:
(a) has effect on the receipt of the notice by Comcare; and
(b) does not revive any entitlement to the compensation amount, as a result of making the request.
(5) A person who is under a legal disability (the
first person ) may not make or revoke a request but a request may be made or revoked on his or her behalf by another person who Comcare is satisfied represents the first person’s interests.(6) A request or revocation made on behalf of the first person is taken to have been made by that person.
Section 43 of the
Safety, Rehabilitation and Compensation Act 1988 , as inserted by this Schedule, applies in relation to requests or revocations given before, at or after the commencement of this item.
Omit “the Council”, substitute “the Review Council”.
Omit “the Council”, substitute “the Review Council”.
Omit “the Council”, substitute “the Review Council”.
Omit “the Council”, substitute “the Review Council”.
Omit “the Council”, substitute “the Review Council”.
Omit “the Council”, substitute “the Review Council”.
Repeal the heading, substitute:
Repeal the heading, substitute:
Omit “Council” (wherever occurring), substitute “Review Council”.
Omit “Council”, substitute “Review Council”.
Omit “the Council”, substitute “the Review Council”.
Omit “the Council” (wherever occurring), substitute “the Review Council”.
Omit “the Council”, substitute “the Review Council”.
Omit “the Council”, substitute “the Review Council”.
Omit “the Council”, substitute “the Review Council”.
Omit “Council” (wherever occurring), substitute “Review Council”.
Omit “the Council”, substitute “the Review Council”.
Repeal the paragraph, substitute:
(a) is:
(i) a nuclear test participant; or
(ii) a British Commonwealth Occupation Force participant; or
(iii) a person who served as a member of the Australian Defence Force in Japan at any time during the period from the beginning of 16 August 1945 to the end of 30 January 1946; and
Omit “he has turned 65 or she has reached pension age (within the meaning of subsections 5QB(3), (4) and (5))”, substitute “he or she has reached pension age (within the meaning of subsections 5QB(2), (3), (4) and (5))”.
Omit “concession card requirement”, substitute “concession requirement”.
Repeal the heading, substitute:
Omit “concession card requirement”, substitute “concession requirement”.
Add:
; or (c) under section 53A, the person is eligible for fringe benefits on that day.
Repeal the paragraph.
The amendments of sections 63B and 63D of the
Veterans’ Entitlements Act 1986 made by this Schedule apply in relation to the following:
(a) the income year in which this item commences, where the EMEP test day is on or after the day this item commences;
(b) each later income year.
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