Veterans' Entitlements (Delayed Lodgment of Claims for Pension Bonus) Guidelines 2007 (Cth)

Veterans’ Entitlements (Delayed Lodgment of Claims for Pension Bonus) Guidelines 2007

Veterans’ Entitlements Act 1986

The REPATRIATION COMMISSION makes these Guidelines under subsection 45UK (6) of the Veterans’ Entitlements Act 1986.

Dated 21 December 2007

MARK SULLIVAN   ED KILLESTEYN   W. ROLFE

President Deputy President Commissioner

1. Name of Guidelines

These Guidelines are the Veterans’ Entitlements (Delayed Lodgment of Claims for Pension Bonus) Guidelines 2007.

1. Commencement

These Guidelines commence on 1 January 2008.

1. Definition

In these Guidelines:

Act means the Veterans’ Entitlements Act 1986.

1. Guidelines

(1)   For subsection 45UK (5) of the Act, this section contains guidelines about when special circumstances apply in relation to the lodgment of a claim for pension bonus by a person who is a registered member of the pension bonus scheme immediately before lodging a claim for a designated pension.

(2)   A special circumstance applies in relation to a claim for pension bonus by a person if:

(a)    the person lodges the claim for pension bonus within 2 years of the date of lodgment of a claim for a designated pension; and

(b)    an invitation was not made to the person under subsection 45UK (3) of the Act to lodge a claim for pension bonus; and

(c)    an invitation should have been made because:

(i)    the person was, to the knowledge of the Secretary, registered as a member of the pension bonus scheme; and

(ii)    the claim for a designated pension was made by the person in accordance with a form that did not require the claimant to disclose whether the claimant was registered as a member of the pension bonus scheme or the corresponding scheme under Part 2.2A of the Social Security Act; and

(iii)    a claim for pension bonus was not attached to the claim for a designated pension; and

(d)    the person did not knowingly give the Secretary incorrect information that led the Secretary to conclude that the making of an invitation to lodge a claim for pension bonus by the person would be inappropriate.

(3)   A special circumstance applies in relation to a claim for pension bonus by a person if:

(a)    the person lodges the claim for pension bonus within 2 years of the date of lodgment of a claim for a designated pension; and

(b)    all of the following apply:

(i)    the claim for a designated pension was made by the person in accordance with a form that required the claimant to disclose whether the claimant was registered as a member of the pension bonus scheme or the corresponding scheme under Part 2.2A of the Social Security Act;

(ii)    the claimant did not disclose that information;

(iii)    the Secretary did not seek disclosure of that information before granting the claim for a designated pension.