Veterans’ Entitlements (Weekly Payments – Class of Persons) Specification 2011 (Cth)

Veterans’ Entitlements (Weekly Payments – Class of Persons) Specification 2011

Veterans’ Entitlements Act 1986

Instrument 2011 No. R5

The Repatriation Commission makes this Specification under subsections 58A(3C) and 121(5C) of the Veterans’ Entitlements Act 1986.

Dated    January 27   2011

Ian Campbell   Shane Carmody       Major General Mark Kelly AO

……………………………………………………………………………………….

IAN CAMPBELL  SHANE CARMODY   MAJOR GENERAL MARK KELLY AO

PRESIDENT       DEPUTY PRESIDENT            COMMISSIONER

1          Name of instrument

This Specification is the Veterans’ Entitlements (Weekly Payments – Class of Persons) Specification 2011

2          Commencement

This Specification commences on the day after the day it is registered on the Federal Register of Legislative Instruments.

3          Definitions

In this Specification:

Act means the Veterans’ Entitlements Act 1986.

attendant allowance means the payment under section 98 of the Act.

clothing allowance means the payment under section 97 of the Act.

decoration allowance means the payment under section 102 of the Act.

DFISA means the payment under section 118NB of the Act.

DFISA-like payment means the payment under regulation 5 of the Veterans’ Entitlements (DFISA–like Payment) Regulations 2005.

education allowance means a payment under the Veterans’ Children Education Scheme made under section 117 of the Act.

income support supplement means the payment under Part IIIA of the Act.

loss of earnings allowance means the payment under section 108 of the Act.

orphan’s pension means a payment under subsection 30(2) of the Act.

pension has the same meaning as in subsection 5Q(1) of the Act.

recreation transport allowance means the payment under section 104 of the Act.

temporary incapacity allowance means the payment under section 107 of the Act.

veterans supplement means the payment under Part VIIA of the Act.

war widows pension means the payment under subsection 30(1) of the Act(whether to a person as a widow or widower).

Note: terms in this Specification that are defined in the Act have the same meaning as in the Act.

4          Specification of classes of persons

(1)For subsections 58A(3A) and 121(5A) of the Act, the class of persons who meet the following criteria is specified:

(a)  the person is an Australian resident and living in Australia;

(b)  the person is receiving a payment (payment) under the Act mentioned in subsection (2);

(c)  the person would benefit from having their payment paid as described in subsection 58A(3A) or subsection 121(5A) of the Act;

(d)  the person:

(i)has voluntarily agreed to be paid their payment as described in subsection 58A(3A) or subsection 121(5A) of the Act; and

(ii)has not revoked or withdrawn that agreement.

(2) For paragraph 4(1)(b), the payments are:

(a) attendant allowance;

(b) clothing allowance;

(c) decoration allowance;

(d) DFISA;

(e) DFISA-like payment;

(f) disability pension;

(g) education allowance;

(h) income support supplement;

(i) loss of earnings allowance;

(j) orphan’s pension;

(k) recreation transport allowance;

(l) service pension;

(m) temporary incapacity allowance;

(n) veterans supplement;

(o) war widows pension.

(3)Without limiting paragraph (1)(c), a person would benefit from having their payment paid as described in subsection 58A(3A) of the Actor subsection 121(5A) of the Actif:

(a)        the person does not have access to safe, secure and adequate                    housing, or is using emergency accommodation or a refuge; or

(b)        the person is financially vulnerable and significantly disadvantaged.

(4)Without limiting paragraph (3)(a) a person is taken not to have access to safe, secure and adequate housing if:

(a)the housing to which the person has access:

(i)damages, or is likely to damage, the person’s health; or

(ii)threatens, or is likely to threaten, the person’s safety; or

(iii)does not provide the person with access to a reasonable level of personal amenities or the economic and social support that housing normally affords; or

(b)in the circumstances, the adequacy, safety, security or affordability of the housing to which the person has access is adversely affected or may be adversely affected; or

(c)the person does not have a right to remain, or a reasonable expectation of being able to remain, in the housing to which the person has access.