Veterans' Entitlements (DFISA-like Payment) Regulations 2005 (Cth)

Veterans’ Entitlements (DFISA–like Payment) Regulations 2005

Select Legislative Instrument 2005 No 26 as amended

made under the

Veterans’ Entitlements Act 1986

This compilation was prepared on 7 March 2008
taking into account amendments up to SLI 2008 No. 14

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

Part 1 Preliminary                                                                 

1Name of Regulations [see Note 1]                            3

2Commencement                                                 3

3Purpose                                                           3

4Definitions                                                        3

Part 2DFISA‑like payment                                                 

5Eligibility for DFISA‑like payment                              7

6Rate of DFISA‑like payment                                    7

7Payment of DFISA‑like payment in arrears and by instalments       8

Part 3Associated benefits                                                 

8Eligibility for associated payments                            9

9Rate of associated payment                                    9

10Eligibility for associated non‑financial benefits               9

11Provision of associated non‑financial benefit               10

Part 4General                                                                        

12Payment into bank account                                   11

13Deductions from DFISA‑like payment or associated payment because of notice from the Commissioner of Taxation                                    11

14Compliance with requirements of relevant Commonwealth program   12

Schedule 1Method Statements                                          13

Part 1Method Statement 1                                           13

Part 2Method Statement 2                                           15

Notes 17

Part 1                      Preliminary

1. Name of Regulations [see Note 1]

These Regulations are the Veterans’ Entitlements (DFISA–like Payment) Regulations 2005.

1. Commencement

These Regulations are taken to have commenced on 20 September 2004.

1. Purpose

(1)For subsection 118NJ (1) of the Act, these Regulations make provision for and in relation to the payment of DFISA‑like payment to certain persons on a day that is on or after 20 September 2004.

(2)For subsection 118NJ (2) of the Act, these Regulations make provision for and in relation to a payment (an associated payment), or the provision of a non‑financial benefit (an associated non‑financial benefit), to certain persons on a day that is on or after 20 September 2004.

1. Definitions

In these Regulations:

ABSTUDY Living Allowance means Living Allowance payable under the ABSTUDY Scheme.

ABSTUDY Scheme means the Aboriginal and Torres Strait Islander Study Assistance Scheme administered by the Department of Education, Science and Training.

Act means the Veterans’ Entitlements Act 1986.

adjusted disability pension has the meaning given by section 118NA of the Act.

associated benefit means:

(a)an associated payment; or

(b)an associated non‑financial benefit.

associated non‑financial benefit means a benefit that is to be provided to a person under regulation 10.

associated payment means a payment payable to a person under regulation 8.

Australian Government Citrus Canker Assistance Package –Income Support Payment means payment, so styled, made under the Australian Government Citrus Canker Assistance Package Guidelines, as in force on 4 March 2005, administered by the Department of Agriculture, Fisheries and Forestry.

Australian Government Farmers and Small Business Owners (Cyclone Larry) Assistance Package – Income Support Payment means payment, so styled, made under the Australian Government Farmers and Small Business Owners Affected by Cyclone Larry (Queensland) Assistance Package Guidelines, as in force on 22 March 2006, administered by the Department of Families, Community Services and Indigenous Affairs.

Australian Government Farmers and Small Business Owners (Cyclone Monica and Cyclone Larry) Assistance Package – Income Support Payment means payment, so styled, made under the Australian Government Farmers and Small Business Owners Affected by the Cumulative Effects of Cyclone Monica and Cyclone Larry in Cape York (Queensland) Assistance Package Guidelines, as in force on 29 May 2006, administered by the Department of Families, Community Services and Indigenous Affairs.

Commonwealth scheme has the meaning given by subsection 118NJ (3) of the Act.

DFISA‑like payment means a payment payable to a person under regulation 5.

eligible person means a person to whom DFISA‑like payment or an associated payment is payable, or an associated non‑financial benefit is provided, under these Regulations.

Equine Workers Hardship Wage Supplement Payment means a payment, made under the guidelines known as ‘Australian Government Guidelines for Ex‑Gratia Equine Workers Hardship Wage Supplement Payment’, as in force on 7 September 2007, administered by the Department of Families, Housing, Community Services and Indigenous Affairs.

Exceptional Circumstances Relief Payment means payment, so styled, made under the Farm Household Support Act 1992.

Farm Help Income Support means payment, so styled, made under the Farm Household Support Act 1992.

Interim Income Support means payment, so styled, made under the interim income support policy guidelines, as in force on the commencement of these Regulations, administered by the Department of Agriculture, Fisheries and Forestry.

partner has the same meaning as in subsection 4 (1) of the Social Security Act 1991.

primary payment means any of the following:

(a)ABSTUDY Living Allowance;

(b)Australian Government Citrus Canker Assistance Package – Income Support Payment;

(c)Australian Government Farmers and Small Business Owners (Cyclone Larry) Assistance Package – Income Support Payment;

(d)Australian Government Farmers and Small Business Owners (Cyclone Monica and Cyclone Larry) Assistance Package – Income Support Payment;

(e)Equine Workers Hardship Wage Supplement Payment;

(f)Exceptional Circumstances Relief Payment;

(g)Farm Help Income Support;

(h)Interim Income Support.

rate includes a nil rate.

secondary non‑financial benefit means a benefit (other than a payment) under a Commonwealth scheme that is provided to a person on a day because a primary payment is payable to the person on that day.

secondary payment means a payment (other than a primary payment) under a Commonwealth scheme that is payable to a person on a day because a primary payment is payable to the person on that day.

Part 2                      DFISA‑like payment

1. Eligibility for DFISA‑like payment

(1)DFISA‑like payment is payable on a day that is on or after 20 September 2004 to a person to whom subsection 118NJ (1) of the Act applies.

(2)However, DFISA‑like payment is not payable to the person on that day if:

(a)the rate of DFISA‑like payment would be nil; or

(b)subregulation 12 (4) applies to the person on that day; or

(c)before that day:

(i)the person had elected not to be covered by these Regulations; and

(ii)the election had not been withdrawn.

(3)An election, or a withdrawal of an election, under paragraph (2) (c):

(a)is effective only if made by document lodged at an office of the Department in Australia in accordance with section 5T of the Act; and

(b)is taken to have been made on a day determined under that section.

(4)If Exceptional Circumstances Relief Payment, or Farm Help Income Support, is taken not to be payable to the person on that day because of the operation of section 49 of the Farm Household Support Act 1992 in relation to the person, that payment is taken, for subparagraph 118NJ (1) (b) (i) of the Act, to be payable to the person on that day.

1. Rate of DFISA‑like payment

The rate of DFISA‑like payment that is payable to an eligible person on a day that is on or after 20 September 2004 is worked out as follows:

(a)if the primary payment applying to the person on that day is ABSTUDY Living Allowance — using Method Statement 1 set out in Part 1 of Schedule 1;

(b)if the primary payment applying to the person on that day is:

(i)Australian Government Citrus Canker Assistance Package – Income Support Payment; or

(ii)Australian Government Farmers and Small Business Owners (Cyclone Larry) Assistance Package – Income Support Payment; or

(iii)Australian Government Farmers and Small Business Owners (Cyclone Monica and Cyclone Larry) Assistance Package – Income Support Payment; or

(iv)Equine Workers Hardship Wage Supplement Payment; or

(v)Exceptional Circumstances Relief Payment; or

(vi)Farm Help Income Support; or

(vii)Interim Income Support;

using Method Statement 2 set out in Part 2 of Schedule 1.

1. Payment of DFISA‑like payment in arrears and by instalments

Section 121 of the Act applies to a payment of DFISA‑like payment as if:

(a)DFISA‑like payment were a pension for the purposes of that section; and

(b)the reference to DFISA in subsection 121 (6A) were a reference to DFISA‑like payment.

Part 3                      Associated benefits

1. Eligibility for associated payments

An associated payment is payable to a person on a day that is on or after 20 September 2004 if:

(a)a primary payment is not payable to the person on that day, but only because adjusted disability pension is payable to the person, or the person’s partner, on that day; and

(b)a secondary payment is not payable to the person on that day, but only because the primary payment is not payable to the person on that day; and

(c)DFISA‑like payment is payable to the person on that day.

1. Rate of associated payment

The rate of associated payment that is payable to an eligible person on a day that is on or after 20 September 2004 is the rate of the secondary payment mentioned in paragraph 8 (b) that would have been payable to the person on that day if the primary payment mentioned in paragraph 8 (a) had been payable to the person on that day.

1. Eligibility for associated non‑financial benefits

An associated non‑financial benefit is to be provided to a person on a day that is on or after 20 September 2004 if:

(a)a primary payment is not payable to the person on that day, but only because adjusted disability pension is payable to the person, or the person’s partner, on that day; and

(b)a secondary non‑financial benefit is not provided to the person on that day, but only because the primary payment is not payable to the person on that day; and

(c)DFISA‑like payment is payable to the person on that day.

1. Provision of associated non‑financial benefit

The associated non‑financial benefit that is to be provided to an eligible person on a day that is on or after 20 September 2004 is the secondary non‑financial benefit mentioned in paragraph 10 (b) that would have been provided to the person on that day if the primary payment mentioned in paragraph 10 (a) had been payable to the person on that day.

Example

A health care card.

Part 4                      General

1. Payment into bank account

(1)This regulation applies if the Commission has determined, under subsection 122 (4) of the Act, that DFISA‑like payment or an associated payment is to be paid into an account with a bank.

(2)The Commission may direct that the whole or a part of an instalment of DFISA‑like payment, or the whole or part of an amount of associated payment, is to be paid, at such intervals as it directs, to the credit of an account nominated from time to time by an eligible person, and payment is to be made accordingly.

(3)An account nominated by an eligible person for the purposes of subregulation (2) must be an account maintained by that person, either alone, or jointly or in common with another person, with a bank.

(4)If the eligible person has not nominated an account for the purposes of subregulation (2) by the end of the period of 28 days (or such longer period determined by the Commission) starting on the day on which the Commission requested the person to do so, DFISA‑like payment ceases to be payable to the person.

(5)If the eligible person nominates an account for the purposes of subregulation (2) after the end of the 28 day or other period, subregulation (4) ceases to apply to the person on the day the person does so.

1. Deductions from DFISA‑like payment or associated payment because of notice from the Commissioner of Taxation

The Commission must, in accordance with Subdivision 260‑A in Schedule 1 to the Taxation Administration Act 1953, for the purpose of enabling the collection of an amount that is, or may become, payable by a recipient of DFISA‑like payment or an associated payment, direct that:

(a)deductions are to be made from instalments of DFISA‑like payment, or from an amount of associated payment, payable to the recipient; and

(b)the amount deducted is to be paid to the Commissioner of Taxation.

1. Compliance with requirements of relevant Commonwealth program

(1)This regulation applies to a person to whom DFISA‑like payment is payable on a day if:

(a)the rate of the primary payment on that day is nil; or

(b)the primary payment is not payable to the person on that day.

(2)The person must comply with any requirements under the Commonwealth scheme that provides for the primary payment, as if the person were receiving an instalment of the primary payment.

Schedule 1          Method Statements

(regulation 6)

Part 1           Method Statement 1

Note   This Part applies if the primary payment is ABSTUDY Living Allowance.

1. Definitions

In this Part:

daily provisional payment rate means:

(a)for a person to whom:

(i)step 10 of the Overall Living Allowance Rate Calculator applies; and

(ii)step 11 of the Calculator does not apply;

the personal income test reduced rate mentioned in step 10; or

(b)for a person to whom step 11 of the Overall Living Allowance Rate Calculator applies, the provisional fortnightly payment rate mentioned in that step;

converted to a daily rate by dividing the rate by 14.

excluded amount has the meaning given by section 118NA of the Act.

income test means the applicable income test referred to in the Overall Living Allowance Rate Calculator.

Overall Living Allowance Rate Calculator means the Rate Calculator, as in force on the commencement of these Regulations, used under the ABSTUDY Scheme to work out the rate of ABSTUDY Living Allowance (plus Rent Assistance, Remote Area Allowance and Pharmaceutical Allowance).

Pharmaceutical Allowance means Pharmaceutical Allowance payable under the ABSTUDY Scheme.

Remote Area Allowance means Remote Area Allowance payable under the ABSTUDY Scheme.

Rent Assistance means Rent Assistance payable under the ABSTUDY Scheme.

rent reduction amount, in relation to a person to whom a DFISA‑like payment is payable, means the amount (if any) calculated under section 57.1 of the Overall Living Allowance Rate Calculator to be the appropriate:

(a)income reduction (step 9); and

(b)if applicable — reduction for partner income (step 11);

but applying the calculation on the basis that adjusted disability pension payable is, for the purposes of the Calculator, the person’s and, if applicable, the person’s partner’s, only ordinary income.

1. Method Statement

Step 1.Work out the daily provisional payment rate of ABSTUDY Living Allowance that:

(a)is; or

(b)apart from the operation of other steps in this method statement, would be;

payable to the person on the relevant day.

Step 2.Work out what would have been the daily provisional payment rate of ABSTUDY Living Allowance applying to the person on that day if both of the following assumptions were made:

(a)first assumption — the adjusted disability pension payable to the eligible person, or to the person’s partner, is an excluded amount;

Note   This means that, in calculating this notional rate, the adjusted disability pension will not be treated as income.

(b)second assumption — if an amount of Rent Assistance was included in the calculation of the daily provisional payment rate, that amount is reduced (but not to less than nil) by the rent reduction amount.

Step 3.     Subtracting the daily provisional payment rate under step 1 from the rate under step 2, the resulting difference is the rate of DFISA‑like payment payable to the person on that day.

Part 2           Method Statement 2

Note   This Part applies if the primary payment is:

(a)Australian Government Citrus Canker Assistance Package – Income Support Payment; or

(b)Australian Government Farmers and Small Business Owners (Cyclone Larry) Assistance Package – Income Support Payment; or

(c)Australian Government Farmers and Small Business Owners (Cyclone Monica and Cyclone Larry) Assistance Package – Income Support Payment; or

(d) Equine Workers Hardship Wage Supplement Payment; or

(e)Exceptional Circumstances Relief Payment; or

(f)Farm Help Income Support; or

(g)Interim Income Support.

1. Definitions

In this Part:

daily provisional payment rate means:

(a)for primary payment that is:

(i)Exceptional Circumstances Relief Payment; or

(ii)Farm Help Income Support; or

(iii)Interim Income Support;

the fortnightly rate for the primary payment under section 24A or section 24B, as the case requires, of the Farm Household Support Act 1992, converted to a daily rate by dividing the rate by 14; and

(b)for primary payment that is:

(i)Australian Government Citrus Canker Assistance Package – Income Support Payment; or

(ii)Australian Government Farmers and Small Business Owners (Cyclone Larry) Assistance Package – Income Support Payment; or

(iii)Australian Government Farmers and Small Business Owners (Cyclone Monica and Cyclone Larry) Assistance Package – Income Support Payment; or

(iv)Equine Workers Hardship Wage Supplement Payment;

the provisional fortnightly payment rate mentioned in Benefit Rate Calculator B used under the Social Security Act 1991 to work out the primary payment, converted to a daily rate by dividing the rate by 14.

excluded amount has the meaning given by section 118NA of the Act.

1. Method Statement

Step 1.     Work out the daily provisional payment rate for the primary payment that:

(a)is; or

(b)apart from the operation of other steps in this method statement, would be;

payable to the person on the relevant day.

Step 2.     Work out what would have been the daily provisional payment rate for the primary payment applying to the person on that day if the adjusted disability pension payable to the person, or the person’s partner, on that day were an excluded amount.

Note   This means that, in calculating this notional rate, the adjusted disability pension will not be treated as income.

Step 3.     Subtracting the daily provisional payment rate under step 1 from the rate under step 2, the resulting difference is the rate of DFISA‑like payment payable to the person on that day.

Notes to the Veterans’ Entitlements (DFISA–like Payment) Regulations 2005

Note 1

The Veterans’ Entitlements (DFISA–like Payment) Regulations 2005 (in force under the Veterans’ Entitlements Act 1986) as shown in this compilation comprise Select Legislative Instrument 2005 No. 26 amended as indicated in the Tables below.

Table of Instruments

Year and number	Date FRLI registration	Date of commencement	Application, saving or transitional provisions
2005 No. 26	11 Mar 2005 (see F2005L00639)	20 Sept 2004
2005 No. 196	19 Aug 2005 (see F2005L02239)	Rr. 1–3 and Schedule 1: 11 Feb 2005 Remainder: 20 Aug 2005	—
2006 No. 210	16 Aug 2006 (see F2006L02536)	Rr. 1–3 and Schedule 1: 22 Mar 2006 Remainder: 29 May 2006	—
2008 No. 14	6 Mar 2008 (see F2008L00575)	7 Mar 2008	—

Table of Amendments

ad. = added or inserted   am. = amended   rep. = repealed   rs. = repealed and substituted
Provision affected	How affected
R. 4.........................................	am. 2005 No. 196; 2006 No. 210; 2008 No. 14
R. 6.........................................	am. 2005 No. 196; 2006 No. 210; 2008 No. 14
Schedule 1
Schedule 1.............................	am. 2005 No. 196; 2006 No. 210; 2008 No. 14