Veterans' Entitlements (Special Assistance) Regulations 1999 (Cth)

Veterans’ Entitlements (Special Assistance) Regulations 1999

Statutory Rules No. 319, 1999 as amended

made under the

Veterans’ Entitlements Act 1986

Compilation start date: 20 March 2013

Includes amendments up to:SLI No. 20, 2013

About this compilation

The compiled instrument

This is a compilation of the Veterans’ Entitlements (Special Assistance) Regulations 1999 as amended and in force on 20 March 2013. It includes any amendment affecting the compiled instrument to that date.

This compilation was prepared on 20 March 2013 .

The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.

Uncommenced provisions and amendments

If a provision of the compiled instrument has not commenced or is affected by an uncommenced amendment, the text of the uncommenced provision or amendment is set out only in the endnotes.

Application provisions for amendments

If the operation of an amendment is affected by an application provision, this provision is set out in the endnotes.

Modifications

If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.

Provision ceasing to have effect

If a provision of the compiled instrument has expired or otherwise ceased to have effect, or is to expire or otherwise cease to have effect, in accordance with a provision of the instrument, details of the provision are set out in the endnotes.

      

Contents

Part 1Preliminary  1Name of Regulations

 These Regulations are the Veterans’ Entitlements (Special Assistance) Regulations 1999.

2Commencement

These Regulations commence on the date that Schedule 4 to the Further 1998 Budget Measures Legislation Amendment (Social Security) Act 1999 commences.

2APurpose

For section 106 of the Act, these regulations prescribe the circumstances in which, and the conditions subject to which, the Commission may grant assistance or benefits to a person.

3Definitions

1. (1)

   In these Regulations:

Act means the Veterans’ Entitlements Act 1986.

claim means a claim for crisis payment.

claimant means the person by whom, or on whose behalf, a claim is made.

contacted the Department has the meaning given by regulation 4.

crisis payment means a payment under these Regulations.

home means a person’s principal place of residence.

lawful custody means detention of a person in gaol, or in psychiatric confinement because he or she has been charged with an offence.

liquid assets, of a person, means cash and readily realisable assets of the person, and of the person’s partner (if the person is a member of a couple), and includes:

1. (a)

   shares and debentures in a public company within the meaning of the Corporations Law; and

2. (b)

   amounts deposited with, or lent to, a bank or other financial institution by the person or partner (whether or not the amount can be withdrawn or repaid immediately); and

3. (c)

   amounts due, and able to be paid, to the person or partner by, or on behalf of, a former employer of the person or partner;

but does not include:

1. (d)

   an amount that is a qualifying eligible termination payment for Subdivision AA of Division 2 of Part III of the Income Tax Assessment Act 1936.

Note: For qualifying eligible termination payment see subs 27A(12) to (12C) of the Income Tax Assessment Act 1936.

pension entitlement means an age service pension, an invalidity service pension, a partner service pension or an income support supplement.

severe financial hardship means:

1. (a)

   for a person who is not a member of a couple—the value of the person’s liquid assets is less than the fortnightly amount, at the maximum payment rate, of the pension entitlement that is payable to the person; and

2. (b)

   for a person who is a member of a couple—the value of the person’s liquid assets is less than twice the fortnightly amount, at the maximum payment rate, of the pension entitlement that is payable to the person.

Note: Other words and expressions used in these Regulations have the meaning given by the Act, for example Commission and family member.

1. (2)

   In these Regulations, the maximum payment rate of a pension entitlement payable to a person is the rate worked out using the Rate Calculator as follows:

Class of entitlement	Applicable Method statement steps
service pension (not blind, not war widow/war widower—pensioner)	Method statement 1, Step 4
service pension (blind, not war widow/war widower—pensioner)	Method statement 2, Step 4
service pension (not blind, war widow/war widower—pensioner)	Method statement 1, Step 4
service pension (blind, war widow/war widower—pensioner)	Method statement 1, Step 4
income support supplement, not blind	Method statement 5, Step 4
income support supplement, blind	Method statement 1, Step 4

Part 2Eligibility for crisis payment  4Meaning of contacted the Department for this Part

1. (1)

   For this Part, a person has contacted the Department if:

   1. (a)

      the person, or someone on the person’s behalf, contacted the Department; and

   2. (b)

      the contact relates to claiming a crisis payment; and

   3. (c)

      the person is, on the day the contact happens, in Australia; and

   4. (d)

      the person claims a crisis payment within 14 days after the day the contact happens; and

   5. (e)

      the Department has a record of the contact.

2. (2)

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

5Eligibility for crisis payment – release from gaol or psychiatric confinement

1. (1)

   A person is eligible for a crisis payment if:

   1. (a)

      the person, after spending at least 14 days in lawful custody, is released; and

   2. (b)

      the person contacts the Department, or claims the crisis payment, within 7 days after being released; and

   3. (c)

      on the day on which the contact happens or the claim is lodged the person:

      1. (i)

         is in severe financial hardship; and

      2. (ii)

         is an appropriate claimant.

2. (2)

   For subregulation (1):

appropriate claimant is a person who receives a pension entitlement.

6Eligibility for crisis payment – extreme circumstances forcing departure from home

1. (1)

   A person is eligible for a crisis payment if:

   1. (a)

      the person has left, or cannot return to, his or her homebecause of an extreme circumstance; and

   2. (b)

      the extreme circumstance makes it unreasonable to expect the person to remain in, or return to, the home; and

   3. (c)

      the person has established, or intends to establish, a new home; and

   4. (d)

      when the extreme circumstance happened, the person was in Australia; and

   5. (e)

      the person contacts the Department, or claims the crisis payment, within 7 days after the extreme circumstance happened; and

   6. (f)

      on the day on which the contact happens, or the claim is lodged, the person:

      1. (i)

         is in severe financial hardship; and

      2. (ii)

         has made a claim (whether on the same day or on an earlier day) for a pension entitlement and is eligible for the pension entitlement; and

   7. (g)

      in the 12 months before the day on which the claim is made, no more than 3 crisis payments for which the person was eligible under this regulation or regulation 6A have been payable to the person.

   Note: Examples of extreme circumstances as a result of which a person would be eligible for crisis payment are the person’s house being burnt down, or the person being subjected to domestic or family violence.

2. (2)

   For paragraph (1)(e), an extreme circumstance that is a continuing circumstance is taken to have happened when the circumstance first happened.

3. (3)

   A person is not eligible for a crisis payment for an extreme circumstance if the Commission is satisfied that the extreme circumstance was brought about in order to obtain a crisis payment.

6AEligibility for crisis payment – remaining in home after removal of family member for abusive behaviour

1. (1)

   A person is eligible for a crisis payment if:

    (a) the person has been subjected to domestic or family violence, in Australia, by a family member of the person; and

   1. (b)

      at the time of the violence the person was living with that family member; and

   2. (c)

      the family member leaves, or is removed from, the person’s home because of the violence; and

   3. (d)

      the person remains living in the person’s home after the family member leaves or is removed; and

   4. (e)

      the person’s home is in Australia; and

   5. (f)

      the person contacts the Department, or claims the crisis payment, within 7 days after the day on which the family member leaves or is removed; and

   6. (g)

      on the day on which the contact happens, or the claim is lodged, the person:

      1. (i)

         is in severe financial hardship; and

      2. (ii)

         has made a claim (whether on the same day or on an earlier day) for a pension entitlementand is eligible for the pension entitlement; and

   7. (h)

      in the 12 months before the day on which the claim is made, no more than 3 crisis payments for which the person was eligible under this regulation or regulation 6 have been payable to the person.

2. (2)

   A person is not eligible for a crisis payment if the Commission is satisfied that the family member left the person’s home with a view to the person obtaining a crisis payment.

7Crisis payment not payable in addition to disaster relief payment

1. (1)

   A crisis payment is not payable to a person for an extreme circumstance if the person is eligible for a disaster relief payment (however described) for the extreme circumstance.

2. (2)

   However, this regulation does not affect a person’s entitlement to a crisis payment for an extreme circumstance if:

   1. (a)

      the person has claimed the crisis payment; and

   2. (b)

      the person subsequently qualifies for an Australian Government Disaster Recovery Payment or other disaster relief payment for the same extreme circumstance.

   Note 1: An Australian Government Disaster Recovery Payment is payable under Part 2.24 of the Social Security Act 1991.

   Note 2: There is another limitation on crisis payments in section 106 of the Act (which authorises the Commission to grant special assistance, such as crisis payments). It provides that special assistance is not payable in circumstances in which a person is also eligible for assistance under another provision of the Act.

Part 3Claims for crisis payment  8How to claim

1. (1)

   A person who wants a crisis payment must make a proper claim.

2. (2)

   To be a proper claim, a claim must be:

   1. (a)

      in writing; and

   2. (b)

      in accordance with a form approved by the Commission; and

   3. (c)

      accompanied by any evidence reasonably available to the claimant that is relevant to the claim.

9Making of claim

1. (1)

   To be a proper claim, a claim must be lodged:

   1. (a)

      at an office of the Department or a place approved by the Commission; or

   2. (b)

      with a person approved for the purpose by the Commission.

2. (2)

   A place or person approved under paragraph (1)(a) or (b) must be a place or person in Australia.

3. (3)

   A person may make a claim on behalf of another person.

10Claimant must be in Australia

 A claim for a crisis payment is not a proper claim unless the claimant is in Australia on the day on which the claim is lodged.

11Claim may be withdrawn

1. (1)

   A claimant for a crisis payment or someone else on behalf of a claimant may withdraw a claim that has not been decided.

2. (2)

   A claim that is withdrawn is taken to have not been made.

3. (3)

   A withdrawal may be made orally or in writing to the Department.

4. (3A)

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

5. (4)

   A person withdrawing a claim on behalf of a claimant must be authorised in writing by the claimant to act on behalf of the claimant.

13Investigation of claim

1. (1)

   If a person lodges a proper claim for a crisis payment, the Secretary must investigate the claim.

2. (2)

   When the investigation is finished, the Secretary must submit the claim to the Commission for decision.

3. (3)

   A claim submitted to the Commission must be accompanied by:

   1. (a)

      any evidence submitted by the claimant with the claim; and

   2. (b)

      any documents relevant to the claim that are under the control of the Department, including any evidence or documents relevant to the claim obtained during the investigation.

Part 4Deciding claims  14Commission to decide claim

1. (1)

   The Commission must decide a claim submitted to it by the Secretary under subregulation 13(2).

 (2)When the Commission decides a claim, it must make a written record of the decision.

15Grant of claim

 The Commission may decide to grant a claim if it is satisfied that:

1. (a)

   the person by, or for, whom the claim is made is eligible for a crisis payment; and

2. (b)

   the crisis payment is payable.

Note: See r 7 for circumstances in which crisis payment is not payable.

16Notifying claimant of decision on claim

 When a claim is decided, the Commission must notify the claimant, in writing, of:

1. (a)

   the decision; and

2. (b)

   the reasons for the decision; and

3. (c)

   the claimant’s right, if dissatisfied with the decision, to request the Commission to review the decision.

17Date of effect of decision

1. (1)

   This regulation applies to a decision under regulation 14 or 24.

2. (2)

   A decision takes effect on the day specified in the decision.

3. (3)

   The day may be the day on which the decision is made or a later day or an earlier day.

Part 5Payment of crisis payments  18Amount of crisis payment

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

where:

Additional supplement is either:

1. (a)

   the clean energy supplement added to the person’s maximum basic rate of service pension under Module BB of the Rate Calculator; or

2. (b)

   if paragraph (a) does not apply to the person—an amount that is equivalent to the amount that would have been added to the person’s maximum basic rate of pension entitlement under paragraph (a) if the person’s pension entitlement had been a service pension.

Maximum basic rate is the rate of the person’s pension entitlement, worked out in accordance with Module B of the Rate Calculator.

Pension supplement is the supplement for the person’s maximum basic rate, worked out in accordance with Module BA of the Rate Calculator.

Note: Clean energy supplement, Rate Calculator and service pension are defined in the Act.

19Payment into bank account

1. (1)

   This regulation applies if the Commission has determined, under section 122 of the Act, that a crisis payment is to be paid to the credit of a bank account nominated and kept by a person.

2. (2)

   The account may be an account that is kept by the person alone, jointly or in common with another person.

   Note: Under s 122 of the Act, a pecuniary benefit under the Act is payable in the way the Commission determines.

20Deduction from crisis payment

 The Commission may deduct an amount from a crisis payment payable to a person if the person asks the Commission:

1. (a)

   to deduct the amount; and

2. (b)

   to pay the amount to the Commissioner of Taxation.

Note: Under s 125 of the Act, a pecuniary benefit under the Act is, subject to the Act, absolutely inalienable.

21Effect of garnishee or similar order

 A garnishee order or similar order does not apply to the amount of a crisis payment in an account kept with a financial institution if:

1. (a)

   the crisis payment was paid to the credit of the account in the 4 weeks before the order came into force; and

2. (b)

   the crisis payment was payable to the person whose account it is (whether on theperson’s own behalf or not).

22Crisis payments not payable in lawful custody

 A crisis payment is not payable to a person on a day on which the person is in lawful custody.

Part 6Review of decisions  23Request for review

 (1)A claimant who is dissatisfied with a decision of the Commission under Part 4, or another person on a claimant’s behalf, may request the Commission to review the decision.

(2) A request for review must:

1. (a)

   be in writing; and

2. (b)

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

3. (c)

   be lodged with the Commission within 3 months after the day on which the person seeking review was notified of the decision.

24Commission’s duty if request for review made

 (1)If the Commission receives a request under regulation 23 for review of a decision, the Commission must review the decision:

1. (a)

   within 3 months after the day on which the request was lodged; or

2. (b)

   within a longer period agreed in writing by the person who made the request.

 (2)On review of a decision, the Commission must:

1. (a)

   affirm the decision; or

2. (b)

   set the decision aside.

1. (3)

   If the Commission sets aside a decision, it must make a decision in place of the decision set aside.

2. (4)

   A person to whom the Commission has delegated its power to review decisions under this regulation must not review a decision if that person made the decision under review.

25Written record of decision on review and copy to person who requested review

 (1)When the Commission reviews a decision, it must:

1. (a)

   make a written record of the decision made on review; and

 (b)give a copy of the written record to the person who requested review.

 (2)The written record must:

1. (a)

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

2. (b)

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

3. (c)

   give reasons for the decision made on review.

26Review by Administrative Appeals Tribunal

1. (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 24.

2. (2)

   The application must be made within 3 months after the day on which the person seeking review was given a record of the decision under paragraph 25(1)(b).

Endnotes

Endnote 1Legislation history

This endnote sets out details of the legislation history of the Veterans’ Entitlements (Special Assistance) Regulations 1999.

Number and year	Gazettal or FRLI registration date	Commencement date	Application, saving and transitional provisions
1999 No. 319	15 Dec 1999	11 Nov 1999 (see r. 2)
2000 No. 188	12 July 2000	1 July 2000	r. 4
2006 No. 294	17 Nov 2006 (see F2006L03710)	rr. 1–3 and Schedule 1: 18 Nov 2006 Schedule 2: 1 Dec 2006 Remainder: 1 Jan 2007	r. 4
2013 No. 20	08 Mar 2013 (see F2013L00441 )	20 Mar 2013	—

Endnote 2Amendment history

This endnote sets out the amendment history of the Veterans’ Entitlements (Special Assistance) Regulations 1999.

ad. = added or inserted

 am. = amended rep. = repealed rs. = repealed and substituted exp. = expired or ceased to have effect

Provision affected

How affected

Part 1

r. 2A.....................................

ad. 2013 No. 20

Note to r. 3(1)........................

am. 2006 No. 294

rs. 2013 No. 20

Part 2

r. 4........................................

am. 2000 No. 188

r. 6........................................

am. 2006 No. 294

r. 6A.....................................

ad. 2006 No. 294

r. 7........................................

rs. 2006 No. 294

Part 3

r. 11......................................

am. 2000 No. 188

r. 12......................................

rep. 2000 No. 188

Part 5

r. 18......................................

rs. 2000 No. 188; 2013 No. 20

Endnote 3Application, saving and transitional provisions

This endnote sets out applications, saving and transitional provisions for amendments of the Veterans’ Entitlements (Special Assistance) Regulations 1999.

Statutory Rules 2000 No. 188

4

Application

1. (1)

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

   1. (a)

      a claim made on or after 1 July 2000; or

   2. (b)

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

2. (2)

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

   1. (a)

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

   2. (b)

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

      1. (i)

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

      2. (ii)

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

Select Legislative Instrument 2006 No. 294

4

Application of amendments made by Schedule 3

 The amendments made by Schedule 3 apply in relation to domestic or family violence by a family member of a person if the family member leaves, or is removed from, the person’s home on or after 1 January 2007.

Endnote 4Uncommenced amendments

This endnote sets out amendments of the Veterans’ Entitlements (Special Assistance) Regulations 1999 that have not yet commenced. .

There are no uncommenced amendments.

Endnote 5Misdescribed amendments

This endnote sets out amendments of the Veterans’ Entitlements (Special Assistance) Regulations 1999 that have been misdescribed.

There are no misdescribed amendments.