Veterans' Entitlements (Direct Deductions Arrangements) Instrument 2005 (Cth)

REPATRIATION COMMISSION

Veterans’ Entitlements Act 1986

Veterans' Entitlements (Direct Deductions Arrangements) Instrument 2005

Instrument No. R11/2005

The Repatriation Commission makes this Instrument under section 122B of the Veterans’ Entitlements Act 1986.

Dated        28 June   2005

MARK SULLIVAN   PRESIDENT IAN CAMPBELL DEPUTY PRESIDENT SIMON HARRINGTON COMMISSIONER

Part 1 — Introduction

1.     Name of Instrument

This Instrument is the Veterans' Entitlements (Direct Deductions Arrangements) Instrument 2005.

2.  Commencement

2.1       Subject to clause 2.2, this Instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.

2.2 In so far as this Instrument relates to payments under regulations made under section 118NJ of the Act, for the purposes of approvals made by the Commission under Part 2 and Part 3 of this Instrument, the approvals take effect on the day that regulations (if any) commence under section 118NJ of the Act.

3.   Revocation

3.1       The approval by the Commission under subclause 5(2) of Schedule 1 of the Veterans’ Entitlements Amendment (Direct Deductions and Other Measures) Act 2004 of pensions payable under Part III or Part IIIA of the Act as a class of pensions under section 122B of the Actis revoked from the date of commencement of this Instrument.

3.2       The approval by the Commission under subclause 5(3) of Schedule 1 of the Veterans’ Entitlements Amendment (Direct Deductions and Other Measures) Act 2004 of a class of payments under section 58JA of the Actthat was in force just before 29 June 2004 as a class of payments under section 122B of the Actis revoked from the date of commencement of this Instrument.

1. Definitions

   Act means the Veterans’ Entitlements Act 1986.

   allowances paid under the Veterans’ Children Education Scheme means those allowances that are payable by instalments under the Scheme established by the Commission under section 117 of the Act.

   attendant allowance means an allowance under section 98 of the Act.

   clothing allowance means an allowance under section 97 of the Act.

   Commission means the Repatriation Commission continued in existence by section 179 of the Act.

   decoration allowance means an allowance under section 102 of the Act.

   disability pension means:

(a)    a pension under Part II or IV of the Act (other than a pension that is payable under section 30 to a dependant of a deceased veteran); or

(b) a temporary incapacity allowance under Part VI of the Act; or

(c) a pension payable because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child).

DFISA means a Defence Force Income Support Allowance under Part VIIAB of the Act.

income support supplement means a payment under Part IIIA of the Act.

pensions payable to dependants of deceased veterans means pensions granted under the Act, at a rate determined under or by reference to subsection 30(1) and paragraph 30(2)(a) of the Act. 

recreation transport allowance means an allowance under section 104 of the Act.

service pension means a service pension as defined in subsection 5Q(1) of the Act.

State Housing Authority means an authority listed in the definition of Government rent in subsection 5N(1) of the Act.

Part 2 — Approval of classes of pensions, allowances and pecuniary benefits

1. The Commission approves under subsection 122B(5) of the Actthe following classes of pensions, allowances and pecuniary benefits for the purposes of section 122B of the Act:

   (a)    disability pension;

   (b)   pensions payable to dependants of deceased veterans;

   (c)    service pension;

   (d)   income support supplement;

   (e)    clothing allowance;

   (f)     attendant allowance;

   (g)    decoration allowance;

   (h)    recreation transport allowance;

   (i)   allowances paid under the Veterans' Children Education Scheme;

   (j)     DFISA;

   (k) Payments under regulations made under section 118NJ of the Act.

   Part 3 — Approval of classes of payments

   6.  The Commission approves under subsection 122B(5) of the Act the following classes of payments for the purposes of section 122B of the Act:

   (a) payments to a State Housing Authority that are :

   (i)payments of rent;

   (ii)payments of principal or interest of loans;

   (iii)payments of debts;

   (b) payments to Westpac Banking Corporation that are:

   (i)payments of principal or interest of loans;

   (ii)payments of insurance premiums.