Veterans' Entitlements (Special Assistance) Amendment Regulations 2000 (No. 1) (Cth)

Veterans' Entitlements (Special Assistance) Amendment Regulations 2000 (No. 1)

Statutory Rules 2000 No. 188

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under theVeterans' Entitlements Act 1986.

Dated 5 July 2000

WILLIAM DEANE

Governor-General

By His Excellency’s Command

BRUCE SCOTT

Minister for Veterans’ Affairs

Veterans' Entitlements (Special Assistance) Amendment Regulations 2000 (No. 1)1

Statutory Rules 2000 No. 1882

made under the

Veterans' Entitlements Act 1986

   

Contents

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1Name of Regulations

 These Regulations are the Veterans' Entitlements (Special Assistance) Amendment Regulations 2000 (No. 1).

2Commencement

 These Regulations are taken to have commenced on 1 July 2000.

3Amendment of Veterans' Entitlements (Special Assistance) Regulations 1999

Schedule 1 amends the Veterans' Entitlements (Special Assistance) Regulations 1999.

4Application

• (1)

  The amendment made by item 4 of Schedule 1 applies in relation to:

  • (a)

    a claim made on or after 1 July 2000; or

  • (b)

    a claim made before 1 July 2000 that has not been finally determined. 

• (2)

  For paragraph (1) (b), a claim has not been finally determined if:

  • (a)

    the Commission has not made a decision in relation to the claim; or

  • (b)

    a decision has been made by the Commission in relation to the claim and either:

    • (i)

      the decision is the subject of an appeal or review; or

    • (ii)

      the period within which an appeal or review may be instituted in relation to the decision has not ended.

Schedule 1Amendments

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(regulation 3)

[1]Subregulation 4 (2)

substitute

• (2)

  For subregulation (1), the contact may happen by post, telephone, facsimile transmission or email. 

[2]After subregulation 11 (3)

insert

• (3A)

  The Department must make a written record of a withdrawal that is made orally.

[3]Regulation 12

omit

[4]Regulation 18

substitute

18Amount of payment

 The amount of a crisis payment payable to a person is the amount worked out in accordance with the following formula:

 where:

maximum basic rate, means the rate of the pension entitlement of the person worked out in accordance with Module B of the Rate Calculator.

pension supplement means the supplement worked out, in accordance with Module BA of the Rate Calculator, for the maximum basic rate of the person. 

Note    As defined insubsection 5Q (1) of the Act, Rate Calculator means the Rate Calculator in Part 2 of Schedule 6 to the Act.

Notes

1. These Regulations amend Statutory Rules 1999 No. 319.

2. Made by the Governor-General on 5 July 2000, and notified in the Commonwealth of Australia Gazette on 12 July 2000.