Veterans' Entitlements Regulations (Amendment) (Cth)

Statutory Rules 1997

No. 372 1

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Veterans’ Entitlements Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Veterans’ Entitlements Act 1986.

Dated 8 December 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

BRUCE SCOTT

Minister for Veterans’ Affairs

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1.   Amendment

1.1   The Veterans’ Entitlements Regulations are amended as set out in these Regulations.

2.   Commencement

2.1   These Regulations commence on 1 January 1998.

3.   Regulation 9 (Travelling expenses under section 110, 132 or 170B of the Act)

3.1   Subregulations 9 (1) and (2):

Omit “110 or 132” (wherever occurring), substitute “110, 132 or 170B”.

3.2   Subregulation 9 (1):

Insert the following definitions:

“‘attendant’ means:

1. (a)

   a person who is authorised by the Commission under section 110 of the Act to accompany a veteran or a dependant of a deceased veteran as his or her attendant; or

2. (b)

   a person who accompanies a person referred to in subsection 132 (1), (3), (5) or (7) of the Act; or

3. (c)

   if the Commission is of the view that it is reasonable for an applicant under section 170B of the Act to be accompanied by an attendant—a person who accompanies the applicant;

‘commercial accommodation’ means accommodation provided by a commercial establishment such as a hotel or motel;

‘private accommodation’ means accommodation that is not commercial accommodation or subsidised accommodation;

‘subsidised accommodation’ means accommodation provided on a cost-recovery basis by an organisation that receives a subsidy for providing the accommodation, such as a hostel;”.

3.3   Subregulation 9 (2):

After “regulation,”, insert “and to regulations 9AD and 9AE,”.

3.4   Subregulation 9 (3):

Omit “subregulation (4),”, substitute “subregulations (4) and (4A), and regulation 9AD,”.

3.5   Subregulation 9 (4):

Omit “Where”, substitute “Subject to regulation 9AD, where”.

3.6   After subregulation (4), insert:

 “(4A) If an entitled person incurs parking fees at or in the vicinity of 1 or more places to which the person has travelled for a purpose referred to in section 110, 132 or 170B of the Act that exceed $50 in a prescribed period, the travelling expenses payable to the person include the amount by which the fees exceed $50.

 “(4B) In subregulation (4A), ‘prescribed period’ means the period of 6 months beginning on 1 January or 1 July in 1998 or any subsequent year.”.

3.7   Omit subregulations 9 (6), (7), (8), (9), (10), (11) and (12), substitute:

 “(6) For subregulation (3), the relevant distance for travel by an entitled person under section 110 of the Act is:

1. (a)

   if the distance from the residence of the entitled person to the treatment location is more than 50 km and the entitled person’s application is endorsed for treatment—that distance; or

2. (b)

   if the distance from the residence of the entitled person to the treatment location is more than 50 km and the entitled person’s application is not endorsed for treatment—50 km; or

3. (c)

   subject to subregulation (8), if the distance from the residence of the entitled person to the treatment location is 50 km or less—that distance.

 “(7) In subregulation (6), ‘endorsed for treatment’ means written confirmation endorsed on the application by the entitled person’s treating practitioner that:

1. (a)

   the treatment met the health care needs of the entitled person; and

2. (b)

   the treatment location was as close as practical to the entitled person’s residence.

 “(8) For paragraph (6) (c), if the Commission is satisfied that another suitable treatment location was closer to the entitled person’s residence, the relevant distance is the distance from the entitled person’s residence to that treatment location.

 “(9)For subregulation (3), the relevant distance for travel under section 132 of the Act is the distance that in all the circumstances is reasonable.

 “(10) For subregulation (3), the relevant distance for travel under section 170B of the Act is the distance by the most direct practicable route from the entitled person’s residence to the place attended by that person to obtain relevant documentary medical evidence.

 “(11) For this regulation, the cost of transport between 2 places by private motor vehicle, bus, train, tram or ferry is taken to be 21 cents per kilometre over the most direct route between the places, regardless of the mode of transport used.

 “(12) Subject to subregulations (13), (14), (15) and (18), the amount of travelling expenses payable to an entitled person in respect of each night’s accommodation and meals during the course of travel is the amount specified for whichever of the following kinds of accommodation was used on that night:

1. (a)

   for commercial accommodation that is not in a capital city—$80 each night;

2. (b)

   for commercial accommodation that is in a capital city—$95 each night;

3. (c)

   for subsidised accommodation—$50 each night;

4. (d)

   for private accommodation—$25 each night.

 “(13) If an entitled person, not being an attendant, and an attendant share commercial accommodation for a night, the amount of travelling expenses payable to the entitled person for the night’s accommodation and meals for both the person and the attendant is $130.

 “(14) A person is not entitled to payment of an amount mentioned in paragraph (12) (a), (b) or (c) or subregulation (13) unless he or she first produces proof of expenditure for the relevant accommodation.

 “(15) The amount of travelling expenses payable to an entitled person for meals during the course of travel on a day on which overnight accommodation is not required is:

1. (a)

   if the distance from the residence of the entitled person to the person’s destination exceeds 50 km but does not exceed 200 km—$8 each day; or

2. (b)

   if the distance from the residence of the entitled person to the person’s destination exceeds 200 km—$16 each day.

 “(16) If an attendant accompanies a veteran or a dependant of a deceased veteran to a hospital or other institution to which the veteran or dependant is admitted, the attendant is entitled to payment of travelling expenses in accordance with subregulation (17), in addition to the expenses payable for the journeys to and from the hospital or other institution with the veteran or dependant:

1. (a)

   to return to his or her residence at the time of the admission; and

2. (b)

   to return to the hospital or other institution when the veteran or dependant is discharged.

 “(17) Thetravelling expenses payable to an attendant under subregulation (16):

1. (a)

   are based on the same mode of transport as was used to accompany the veteran or dependant; and

2. (b)

   include any applicable amounts for accommodation and meals.

 “(18)If an attendant accompanies a veteran or a dependant of a deceased veteran to a hospital or other institution to which the veteran or dependant is admitted, and the attendant stays in commercial accommodation while the veteran or dependant is in the hospital or other institution, the attendant is entitled to payment of travelling expenses, in addition to the expenses payable for the journeys to and from the hospital or other institution with the veteran or dependant, equal to the lesser of:

1. (a)

   the travelling expenses that would have been payable under subregulation (16), excluding any amounts for accommodation and meals, if the attendant had returned home and returned to the hospital or other institution using a private motor vehicle; and

2. (b)

   the travelling expenses payable under subregulation (12) for the period from the admission of the veteran or dependant until his or her discharge.”.

Examples:

1. A veteran and attendant drive by private motor vehicle to an appointment 100 km from home, and return on the same day. The travelling expenses are:

Veteran: meals $8.00 (paragraph 9 (15) (a))

1. transport

   $42.00 (subregulation 9 (11)—

   200km @ 21c/km)

Attendant: meals $8.00

Total $58.00

2. A veteran and attendant drive by private motor vehicle to an appointment in a capital city 300 km from home, stay overnight in non-shared commercial accommodation, and return the next day. The travelling expenses are:

Veteran: accom. & meals $95.00 (paragraph 9 (12) (b))

 (1st day)

1. meals (2nd day)

   $16.00 (paragraph 9 (15) (b))

2. transport

   $126.00 (subregulation 9 (11)—

  600km @ 21c/km)

Attendant: accom. & meals $95.00

1. (1st day)
2. meals (2nd day)

   $16.00

Total: $348.00

3. A veteran and attendant drive by private motor vehicle to an appointment in a capital city 300km from home, and stay overnight in non-shared commercial accommodation. The veteran is admitted to a hospital the next morning. The attendant returns home and comes back to collect the veteran, staying in commercial accommodation the night before the veteran is discharged. The travelling expenses are:

Amount set out in example 2: $348.00

Attendant: transport $126.00 (subregulations 9 (11) and (16) —journey home and back to  hospital—600km @ 21c/km)

1. meals

   $16.00 (subregulation 9 (16)—journey  home after delivering veteran)

2. accom. & meals

   $95.00 (subregulation 9 (16)—journey  back to hospital)

Total: $585.00

4. The situation is the same as in example 3, except that the attendant stays in commercial accommodation while the veteran is in the hospital (2 nights). The travelling expenses payable are:

Amount set out in example 2: $348.00

Attendant: The lesser of:

1. (a)

   transport home and back to the hospital: $126.00 (paragraph 9 (18) (a)); or

2. (b)

   2 nights commercial accommodation: $190.00 (paragraph 9 (18) (b)).

Total: $474.00

4. New regulations 9AA, 9AB, 9AC, 9AD, 9AE, 9af, 9ag, 9ah, 9ai, 9aj, 9ak, 9al, 9am and 9AN

4.1   After regulation 9, insert:

Annual increase in rates

 “9AA. Despite any other provision of these Regulations, a rate prescribed by subregulation 9 (11), (12), (13) or (15) is increased, as applicable, in accordance with regulation 9AB, on each anniversary of 1 July 1997.

Calculation of increase

 “9AB. (1) In this regulation:

‘CPI number’ means the All Groups Consumer Price Index number (that is, the weighted average of the 8 Australian capital cities) published by the Australian Statistician;

‘earlier CPI number’, for a financial year, means the CPI number for the last March quarter before the beginning of the financial year;

‘latest CPI number’, for a financial year, means the CPI number for the last March quarter before the end of the financial year;

‘rate’ means a rate prescribed by subregulation 9 (11), (12), (13) or (15);

‘relevant financial year’ means a financial year beginning on or after 1 July 1997;

‘relevant rate’, for a financial year, means the rate applying in the financial year.

 “(2)If, for a relevant financial year, the latest CPI number is greater than the earlier CPI number, a rate is taken to increase, on 1 July of the next financial year, in accordance with the following formula:

 “(3) If, apart from this subregulation, a rate prescribed by subregulation 9 (11) and increased under subregulation (2) is not a multiple of 0.1 cents, the rate is to be rounded to the nearest multiple of 0.1 cents and, if the amount to be rounded is 0.05 cents, rounded up.

 “(4) If, apart from this subregulation, a rate prescribed by subregulation 9 (12), (13) or (15) and increased under subregulation (2) is not a multiple of 10 cents, the rate is to be rounded to the nearest multiple of 10 cents and, if the amount to be rounded is 5 cents, rounded up.

 “(5) If, at any time, whether before or after the commencement of this regulation, the Australian Statistician publishes for a particular March quarter a CPI number in substitution for a CPI number previously published by the Australian Statistician for the quarter, the publication of the later CPI number is to be disregarded for this regulation.

 “(6) However, if, at any time, whether before or after the commencement of this regulation, the Australian Statistician changes the reference base for the Consumer Price Index, then, in applying this regulation after the change is made, regard is to be had only to numbers published in terms of the new reference base.

Travelling expenses under section 170B of the Act—interpretation

 “9AC.(1)In this regulation and regulations 9AD, 9AE and 9AF:

‘application’, in relation to an entitled person, means an application in accordance with subsection 170B (5) of the Act for the payment of travelling expenses.

 “(2)In this regulation and regulations 9AD, 9AE, 9AF, 9AG and 9AH:

‘entitled person’ means an applicant or an attendant who is entitled to be paid travelling expenses under section 170B of the Act.

Travelling expenses under section 170B of the Act—up to $500

 “9AD. The total amount, not exceeding $500, of an entitled person’s travelling expenses is payable to the person if:

1. (a)

   he or she applies to the Commission for payment of travelling expenses up to $500 (whether the application is made before or after travel); and

2. (b)

   the application is accompanied by written evidence of his or her travelling expenses.

Travelling expenses under section 170B of the Act—over $500

 “9AE. (1) Subregulation (2) applies if:

1. (a)

   an entitled person applies to the Commission for payment of travelling expenses over $500 (whether the application is made before or after travel); and

2. (b)

   the person’s application is accompanied by written evidence of his or her travelling expenses.

 “(2) The amount payable to the person, as soon as practicable after receipt of the application by the Commission, is the lesser of:

1. (a)

   the amount of his or her travelling expenses; and

2. (b)

   the amount calculated by the Commission, in accordance with regulations 9, 9AM and 9AN, as the amount of travelling expenses payable to the person.

 “(3)The Commission must notify an entitled person of a decision it makes under subregulation (2) as soon as practicable after the Commission receives that person’s application.

Travelling expenses under section 170B of the Act—request for written evidence

 “9AF.(1) Subregulation (2) applies if:

1. (a)

   not later than 6 months after an entitled person completes his or her travel, the Commission requests that person to give to the Commission written evidence of his or her travelling expenses; and

2. (b)

   the person does not give the Commission the written evidence within 3 months after the request was made.

 “(2) The Commission may:

1. (a)

   if the person has not been paid travelling expenses in advance under section 170C of the Act—refuse to authorise the payment of travelling expenses; or

2. (b)

   if the person has been paid travelling expenses in advance under section 170C of the Act—request the person to repay to the Commonwealth the amount of the advance.

“[NOTE:  Subsection 170C (2) of the Act provides that a person in receipt of an advance for travelling expenses under subsection 170C (1) of the Act, is liable to repay to the Commonwealth all or any part of the advance that represents an amount for which travelling expenses were not incurred.]

 “(3) The Commission must notify an entitled person of a decision it makes under subregulation (2) as soon as practicable after the Commission receives that person’s application.

Reconsideration of decisions—initiated by the Commission

 “9AG. If the Commission is satisfied that information given to the Commission when it made a decision under regulation 9, 9AD or 9AE is false or misleading in a relevant detail, the Commission may, in its discretion:

1. (a)

   reconsider the decision; and

2. (b)

   if it decides that an amount of travelling expenses has been paid that would not have been paid but for the false or misleading statement or representation—request the entitled person to repay to the Commonwealth an amount equal to that amount.

“[NOTES

1. The effect of section 205 of the Act is that if a person is paid a pension, allowance or other pecuniary benefit under the Act because of a false statement or representation to the Commission by that person, procedures are prescribed enabling the Commission to recover from that person an amount equal to the amount of the pension, allowance or other pecuniary benefit paid.

2. The effect of section 208 of the Act is that if a person is paid a pension, allowance or other pecuniary benefit under the Act because of a false or misleading statement to the Commission by that person, the person is guilty of an offence that is punishable, on conviction, by a fine or imprisonment or both.]

Reconsideration of decisions—initiated by entitled persons

 “9AH.(1)An entitled person who is dissatisfied with a decision of the Commission under regulation 9, 9AE or 9AF may request the Commission to reconsider the decision.

“(2) A request for reconsideration of a decision must:

1. (a)

   be in writing; and

2. (b)

   set out the grounds on which the request is made; and

3. (c)

   be made to the Commission within 3 months after the day on which the person seeking reconsideration was notified of the decision.

 “(3) If the Commission has delegated its powers under this regulation to the person who made a decision under reconsideration, that person must not reconsider the decision.

Commission’s duty if a request for reconsideration made

 “9AI. (1)If the Commission receives a request under regulation 9AH, the Commission must affirm the decision or set it aside:

1. (a)

   within 3 months after receipt of the request; or

2. (b)

   within such longer period as is agreed in writing by the person who made the request.

 “(2)If the Commission sets aside a decision first made under regulation 9, 9AE or 9AF, it must make a decision in place of the decision set aside, taking into consideration only the evidence that was before the Commission when it made the first decision.

Commission must make written record of reconsidered decision and reasons

 “9AJ.(1)When the Commission reconsiders a decision referred to in regulation 9AG or 9AH, it must make a written record of the reconsidered decision.

 “(2)The written record must include a statement that:

1. (a)

   sets out the Commission’s findings on relevant questions of fact; and

2. (b)

   refers to the evidence or other material on which those findings are based; and

3. (c)

   provides reasons for the Commission’s decision.

Written record to be given to person who requested reconsideration

 “9AK.As soon as practicable after the Commission reconsiders a decision referred to in regulation 9AG or 9AH, it must give to the person who requested reconsideration of the decision a copy of the written record referred to in regulation 9AJ.

Review by Administrative Appeals Tribunal

 “9AL. (1) Application under the Administrative Appeals Tribunal Act 1975 may be made to the Administrative Appeals Tribunal for a review of a decision of the Commission under regulation 9AG or 9AI.

 “(2) An application under subregulation (1) must be made within 3 months after the day on which the person seeking review was notified of the Commission’s decision.

Travelling expenses under section 110, 132 or 170B of the Act to 1 destination for 2 or more purposes

 “9AM.Despite regulations 9, 9AD and 9AE, if a person who is entitled to be paid travelling expenses under section 110, 132 or 170B of the Act travels to 1 destination for 2 or more purposes referred to in section 110, 132 or 170B of the Act, the amount of travelling expenses that that person is entitled to be paid is the greatest amount payable under section 110, 132 or 170B of the Act for 1 of those purposes.

“[NOTE: For example, a person who travels to a medical practice to obtain relevant documentary medical evidence as well as for treatment will only be paid the greatest amount of travelling expenses payable under section 110, 132 or 170B of the Act for that travel.]

Travelling expenses under section 110, 132 or 170B of the Act to more than 1 location within the same town or city

 “9AN. Despite regulations 9, 9AD and 9AE, if a person who is entitled to be paid travelling expenses under section 110, 132 or 170B of the Act travels to more than 1 location in the same city or town for a purpose or purposes referred to in section 110, 132 or 170B of the Act, the amount of travelling expenses that that person is entitled to be paid is:

1. (a)

   the greatest amount payable under section 110, 132 or 170B of the Act for travel to the city or town; and

1. (b)

   the greatest amount payable under section 110, 132 or 170B of the Act for travel between each location within that city or town.

“[NOTE: For example, a person who travels to a medical practice in a city for treatment, and then goes to another location in the same city for a medical examination before returning home, will only be paid once for the return travel to the city, and once for the travel from the medical practice to the other location (being the greatest amount of travelling expenses payable under section 110, 132 or 170B of the Act for that travel).]”.

5.   Application

5.1   The amendments made by regulations 3 and 4 have effect in relation to travel undertaken after the commencement of these Regulations.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 15 December 1997.

2. Statutory Rules 1986 No. 97 as amended by 1986 No. 202; 1987 Nos. 122 and 178; 1988 Nos. 50, 138 and 335; 1989 Nos. 104 and 125; 1991 Nos. 33, 241 and 280; 1992 No. 75; 1993 No. 220; 1994 No. 24.