Veterans' Entitlements Amendment Act 1991

Overview

The Veterans’ Entitlements Amendment Act 1991 was enacted by the Parliament of Australia to amend the Veterans’ Entitlements Act 1986. This Act introduced changes to the eligibility criteria, rate of payments, and other provisions related to service pensions for veterans and their dependants. It also clarified definitions and introduced new definitions to ensure consistency and fairness in the application of the Act. The policy objective of this legislation is to provide necessary support to veterans and their families, recognising their service and sacrifices made during times of conflict.

Scope and Application

The Veterans' Entitlements Amendment Act 1991 is an Australian Commonwealth Act that amends the Veterans' Entitlements Act 1986. The Act applies to veterans, their families, and other eligible persons who have rendered qualifying service during World War 1 or World War 2, or in other specified periods and areas of hostilities. It outlines the eligibility criteria, claims process, and pension rates for various types of service pensions, including age service pension, invalidity service pension, wife service pension, and carer service pension. The Act also includes provisions for bereavement payments, financial hardship rules, and fringe benefits for eligible service pensioners. Subordinate instruments may extend or restrict the application of the Act, but the primary legislation focuses on the eligibility and administration of veterans' pensions and associated benefits. The Act applies to individuals who are Australian residents and, in most cases, physically present in Australia, with certain exceptions for those receiving other pensions or benefits outside Australia.

Key Provisions

• The Veterans’ Entitlements Amendment Act 1991 introduces key changes to the Veterans’ Entitlements Act 1986, focusing on the eligibility criteria, claims process, and payment rates for various service pensions. Firstly, the Act defines "qualifying service" (Section 7a) as service rendered in specific periods and areas during World War 1 and 2, including service in operational areas, and mandates that a claim must be made to establish eligibility for these pensions. The Act further specifies that certain types of service pensions, such as age, invalidity, wife, and carer service pensions, have distinct eligibility criteria and claim processes, as outlined in Divisions 2 through 6. Additionally, the Act details how the rates of these pensions are calculated, taking into account factors such as dependent children, disability, and the value of assets and income. For instance, age service pensions are subject to income and assets tests, with rates adjusted based on family situations and financial circumstances (Divisions 7 and 8).
• In terms of obligations, the Act imposes several requirements on both claimants and recipients of service pensions. Claimants must submit a proper claim in writing, accompanied by relevant evidence, and be Australian residents and physically present in Australia when lodging the claim (Sections 35b, 35c, 35d, 35e, 36b, 36c, 36d, 36e, 36f, 37b, 37c, 37d, 37e, 38b, 38c, 38d, 38e, 39b, 39c, 39d, 39e, 39f, 39g, 39h). Recipients, on the other hand, must notify the Secretary of any changes in circumstances that might affect their pension eligibility or rate (Sections 54 and 54a). Failure to comply with these notification obligations can lead to automatic termination or reduction of the pension (Sections 56 and 56a).
• The Act also outlines the consequences for non-compliance. For instance, knowingly providing false or misleading information to the Secretary can result in penalties of up to $2,000 or imprisonment for 12 months, or both (Sections 54 and 54a). Furthermore, if a pensioner is imprisoned, the Commission has the authority to suspend or forfeit pension payments during the period of imprisonment (Section 55). Similarly, if a pensioner is an inmate in a benevolent home, their pension may be redirected to their partner or child, or suspended entirely, depending on the circumstances (Sections 55a and 55b). Additionally, the Act allows for the automatic termination or reduction of a pension if the recipient fails to comply with notification obligations (Sections 56 and 56a). The Act also provides for the review of certain decisions made by the Commission, enabling claimants and recipients to request a review if they are dissatisfied with a decision (Section 57). Should a claimant or pensioner fail to comply with the notification obligations, the penalty can be as severe as the immediate cessation of pension payments, or in some cases, the reduction of the pension rate (Sections 56 and 56a).

Legal classification tags

Area of Law

Veterans' Law

Social Security Law

Instrument

Amending Act

Concepts

Definitions & Interpretation

Commencement Provisions

Repeal & Amendment

Licensing & Registration

Bereavement Payments

Compliance Obligations