Veterans' Affairs Legislation (Permanent Incapacity Transitional) Regulations 1999 (Cth)

Veterans' Affairs Legislation (Permanent Incapacity — Transitional) Regulations 1999

Statutory Rules 1999 No. 358

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Veterans' Affairs Legislation Amendment Act (No. 1) 1999.

Dated 15 December 1999.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

BRUCE SCOTT

Minister for Veterans’ Affairs

Veterans' Affairs Legislation (Permanent Incapacity — Transitional) Regulations 1999

Statutory Rules 1999 No. 3581

made under the

Veterans’ Affairs Legislation Amendment Act (No. 1) 1999

   

Contents

Page

Part 1Introductory

• •
• •
• •

Part 2Amendments relating to invalidity service pension and income support supplement

• •
• •
• •

 

Part 1Introductory

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1Name of Regulations

 These Regulations are the Veterans' Affairs Legislation (Permanent Incapacity — Transitional) Regulations 1999.

2Commencement

These Regulations commence on the commencement of Schedule 1 to the Veterans’ Affairs Legislation Amendment Act (No. 1) 1999.

3Definitions

• (1)

  In these Regulations:

Amendment Act means the Veterans’ Affairs Legislation Amendment Act (No. 1) 1999.

Entitlements Act means the Veterans’ Entitlements Act 1986.

• (2)

  An expression used in these Regulations that is also used in the Entitlements Act has the same meaning in these Regulations as it has in that Act.

Examples

• •

  invalidity service pension

• •

  income support supplement.

Part 2Amendments relating to invalidity service pension and income support supplement

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4Amendments relating to permanent incapacity – section 37 of Entitlements Act

• (1)

  A person who is eligible for, and receives, invalidity service pension immediately before 1 January 2000, because of the operation of section 37 of the Entitlements Act, continues to be so eligible after that date as if the Amendment Act had not commenced.

• (2)

  If a person has made a proper claim (within the meaning of section 37D of the Entitlements Act) before 1 January 2000, in respect of which a determination under subsection 37L (4) of that Act has not been made before 1 January 2000, the claim, when determined, must be determined in accordance with the Entitlements Act as in force immediately before the commencement of Schedule 1 to the Amendment Act.

5Amendments relating to permanent incapacity – section 45A of Entitlements Act

• (1)

  A person who is eligible for, and receives, income support supplement immediately before 1 January 2000, because of the operation of section 45A of the Entitlements Act, continues to be so eligible after that date as if the Amendment Act had not commenced.

• (2)

  If a person has made a proper claim (within the meaning of section 45I of the Entitlements Act) before 1 January 2000, in respect of which a determination under subsection 45Q (4) of that Act has not been made before 1 January 2000, the claim, when determined, must be determined in accordance with the Entitlements Act as in force immediately before the commencement of Schedule 1 to the Amendment Act.

• (3)

  In this regulation:

person means a person to whom subparagraph 45A (1) (b) (iii) of the Entitlements Act applies immediately before 1 January 2000.

6Review of decisions affected by paragraph 37 (1) (c) or subparagraph 45A (1) (b) (iii) of Entitlements Act

• (1)

  This regulation applies, in relation to a claim for an invalidity service pension, or income support supplement, to:

  • (a)

    a review in response to a request under Division 16 of Part IIIB of the Entitlements Act; and

  • (b)

    a review in response to an application under subsection 175 (2) of the Entitlements Act; and

  • (c)

    proceedings in a court in relation to a matter arising in relation to a review mentioned in paragraph (a) or (b).

• (2)

  If the review is, or the proceedings are, in relation to a determination under subsection 37L (4) or 45Q (4) of the Entitlements Act made before 1 January 2000, the review decision or the decision of the court must be made in accordance with the Entitlements Act as in force immediately before the commencement of Schedule 1 to the Amendment Act.

Note

1. Made by the Governor-General on 15 December 1999, and notified in the Commonwealth of Australia Gazette on 22 December 1999.