Veterans' Entitlements (Pension Bonus Scheme – Non-accruing Members) Declaration 2018 (Cth)
Repatriation Commission
Veterans' Entitlements (Pension Bonus Scheme
– Non-accruing Members) Declaration 2018
Instrument 2018 No. R4
| The Repatriation Commission, under subsection 45TO(1) of the Veterans’ Entitlements Act 1986 makes the following declaration. Dated this 1 of March 2018 The Seal of the ) Repatriation Commission ) SEAL was affixed hereto in the ) presence of: ) Simon Lewis C Orme MA Kelly SIMON LEWIS CRAIG ORME MAJOR GENERAL MARK KELLY PSM DSC AM CSC AO DSC PRESIDENT DEPUTY PRESIDENT COMMISSIONER |
1 Name
This declaration is the Veterans' Entitlements (Pension Bonus Scheme –
Non-accruing Members) Declaration 2018.
2 Commencement
This declaration commences on the day after it is registered.
3 Authority
This declaration is made under subsection 45TO(1) of the Veterans’ Entitlements Act 1986.
4 Revocation
The Veterans’ Entitlements (Pension Bonus Scheme – Non-accruing Members) Declaration 2007 is revoked.
5 Savings
A person who, immediately before the commencement of this declaration, was declared to be a non-accruing member under the revoked declaration is taken to be a non-accruing member under this declaration as if this declaration declared the person as a non-accruing member.
6 Definitions
In this instrument:
Act means the Veterans’ Entitlements Act 1986.
major disaster has the same meaning as in section 23 of the Social Security Act.
pass the work test:
(a) for a member of the pension bonus scheme — has the meanings given by sections 45TS and 45TT of the Act; and
(b) for the partner of a member of the pension bonus scheme who is a member of the corresponding scheme under Part 2.2A of the Social Security Act — has the meanings given by sections 92U and 92V of the Social Security Act.
revoked declaration means the Veterans’ Entitlements (Pension Bonus Scheme – Non-accruing Members) Declaration 2007.
Note: The following expressions used in this instrument are defined in the Act (see subsections 5E (1), 5NB (1), 5Q (1) and section 45TA):
·compensation
·compensation affected pension
·designated pension
·member of a couple
·partner
·pension age
·pension bonus
·Social Security Act.
(2) For this declaration, the period during which a major disaster affects a person’s ability to pass the work test may include a period during which preparations are made to cope with an impending disaster, for example, by evacuation of an area shortly before a cyclone is predicted to reach the area.
7 Kinds of non‑accruing members
A member of the pension bonus scheme who is a member of any of the following kinds is a non‑accruing member:
(a)a member who is a Community Development Employment Project (CDEP) Scheme participant within the meaning of section 23 of the Social Security Act;
(b)a member who is in gaol, within the meaning of subsection 55(4) of the Act;
(c)a member who is undergoing psychiatric confinement, within the meaning of subsections 55(5) and (6) of the Act, because the member has been charged with committing an offence;
(d) a member who was not a participant in the workforce, but whose partner:
(i) was a participant in the workforce; and
(ii) was not a registered member of the pension bonus scheme or the corresponding scheme under Part 2.2A of the Social Security Act; and
(iii) intended to become a registered member of the pension bonus scheme or the corresponding scheme under Part 2.2A of the Social Security Act;
(e) a member who is on paid or unpaid leave of any kind, or combination of kinds, from gainful work and who would not pass the work test for a bonus period during which any part of the leave is taken;
(f) a member whose partner is on paid or unpaid leave of any kind, or combination of kinds, from gainful work and who would not pass the work test for a bonus period during which any part of the leave is taken;
(g) a member who is:
(i) the surviving member of a couple; and
(ii) undergoing a period of bereavement; and
(iii) unable to pass the work test for a bonus period during which the period of bereavement occurs;
(h) a member who is unable to pass the work test for a bonus period because the amount of gainful work available to him or her in the bonus period is reduced by a major disaster;
(i) a member whose partner:
(i) is a member of the pension bonus scheme or the corresponding scheme under Part 2.2A of the Social Security Act; and
(ii) is unable to pass the work test for a bonus period because the amount of gainful work available to him or her in the bonus period is reduced by a major disaster;
(j) a member who:
(i) has received compensation and to whom a designated pension would not have been payable during a period (the compensation period) if the member had not reached pension age and the pension was a compensation affected pension; and
(ii) is unable to pass the work test for a bonus period during which the compensation period occurs.
Note: For paragraphs (h) and (i), for the application of this instrument in relation to Cyclone Larry, a major disaster that occurred in 2006, see section 9.
8 Period for which a member is a non‑accruing member
(1) A member of the pension bonus scheme to whom a paragraph of section 7 applies is a non‑accruing member throughout the period during which the member is a member of the kind mentioned in the paragraph.
(2) However, for a member to whom a paragraph of section 7 mentioned in the following table applies, subsection (1) is subject to the time limit shown.
Item
Paragraph of section 7
Time limit
1 (e), (f) 26 weeks 2 (g), (h), (i) 13 weeks
(3) A member mentioned in paragraph 7 (j) is a non‑accruing member during the whole or part of the compensation period during which the member is unable to pass the work test.
9 Special provisions in relation to Cyclone Larry
(1) This section applies to a member of the pension bonus scheme:
(a) who was unable to pass the work test for a bonus period because the amount of gainful work available to him or her in the bonus period had been reduced by the effects of Cyclone Larry; or
(b) whose partner:
(i) was a member of the pension bonus scheme or the corresponding scheme under Part 2.2A of the Social Security Act; and
(ii) was unable to pass the work test for a bonus period because the amount of gainful work available to him or her in the bonus period had been reduced by the effects of Cyclone Larry.
(2) The member is a non‑accruing member throughout the period during which the member was a member of the kind mentioned in subsection (1):
(a) from the date, not before 1 March 2006, that:
(i) for a member mentioned in paragraph (1) (a) — the member was unable to pass the work test due to the effects of Cyclone Larry; or
(ii) for a member mentioned in paragraph (1) (b) — the member’s partner was unable to pass the work test due to the effects of Cyclone Larry; and
(b) up to a maximum of 13 weeks.
Note: 1 March 2006 is the date from which people are taken to be affected by preparation for Cyclone Larry.
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