Veterans' Entitlements (Delayed Lodgment of Claims for Pension Bonus) Guidelines 2018 (Cth)

Repatriation Commission

Veterans' Entitlements (Delayed Lodgment of Claims for Pension Bonus) Guidelines 2018

Instrument 2018 No. R17

The Repatriation Commission, under subsection 45UK(6) of the Veterans’ Entitlements Act 1986 makes the following Guidelines.

Dated this        1        of              March             2018

The Seal of the                     )  
Repatriation Commission   )  SEAL
was affixed hereto in the   )
presence of:   ) 

Simon Lewis                C Orme                 M A Kelly

SIMON LEWIS       CRAIG ORME   MAJOR GENERAL MARK KELLY

          PSM            DSC AM CSC   AO DSC

    PRESIDENT                         DEPUTY PRESIDENT                    COMMISSIONER

1 Name

This instrument is the Veterans' Entitlements (Delayed Lodgment of Claims for Pension Bonus) Guidelines 2018.

2 Commencement

This instrument commences on the day after it is registered.

3 Authority

This instrument is made under subsection 45UK(6) of the Veterans’ Entitlements Act 1986.

4 Revocation

The Veterans’ Entitlements (Delayed Lodgment of Claims for Pension Bonus) Guidelines 2007 is revoked.

5 Definitions

In the Guidelines:

Act means the Veterans’ Entitlements Act 1986.

designated pension has the same meaning as it has in section 45TA of the Act.

6 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 the lodgement of 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 Actto 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 1991; 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 the lodgement of a claim for 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 1991;

(ii)    the claimant did not disclose that information; and

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