Veterans’ Entitlements (Pension Bonus Scheme — Non-accruing Members) Declaration 2007 (Cth)

Veterans’ Entitlements (Pension Bonus Scheme — Non‑accruing Members) Declaration 2007

Veterans’ Entitlements Act 1986

The REPATRIATION COMMISSION makes this Declaration under subsection 45TO (1) of the Veterans’ Entitlements Act 1986.

Dated 21 December 2007

MARK SULLIVAN   ED KILLESTEYN   W. ROLFE

President   Deputy President   Commissioner

1. Name of Declaration

This Declaration is the Veterans’ Entitlements (Pension Bonus Scheme — Non‑accruing Members) Declaration 2007.

1. Commencement

This Declaration commences on 1 January 2008.

1. Revocation

The Veterans’ Entitlements (Pension Bonus Scheme — Non‑accruing Members — Major Disaster) Declaration 2006 (Instrument 2006, No. R19) is revoked.

1. Interpretation

(1)   In this Declaration:

Act means the Veterans’ Entitlements Act 1986.

designated pension has the meaning given by section 45TA of the Act.

major disaster has the same meaning as in 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.

Note   The following expressions used in this Declaration are defined in the Act (see subsections 5E (1), 5N (2), 5NB (1) and 5Q (1)):

·compensation

·compensation affected 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.

1. 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 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 is not a participant in the workforce, but whose partner:

(i)    is a participant in the workforce; and

(ii)    is not a registered member of the pension bonus scheme or the corresponding scheme under Part 2.2A of the Social Security Act; and

(iii)    intends 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 were 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 Determination in relation to Cyclone Larry, a major disaster that occurred in 2006, see section 7.

1. Period for which member is non‑accruing member

(1)   A member of the pension bonus scheme to whom a paragraph of section 5 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 5 mentioned in the following table applies, subsection (1) is subject to the time limit shown.

Item	Paragraph of section 5	Time limit
1	(e), (f)	26 weeks
2	(g), (h), (i)	13 weeks

Note   A member mentioned in paragraph 5 (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.

1. 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.