Military Rehabilitation and Compensation (Multiple Entitlement Exclusion) Determination 2024

Administered by Department of Veterans' Affairs

Legislation au F2024L00960 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Military Rehabilitation and Compensation (Multiple Entitlement Exclusion) Determination 2024

Authority

  1. This instrument is made by the Military Rehabilitation and Compensation Commission under subsection 424L(1) of the Military Rehabilitation and Compensation Act 2004 (the Act).

Purpose

2.      The Military Rehabilitation and Compensation (Multiple Entitlement Exclusion) Determination 2012 (the repealed instrument) automatically repealed on 1 October 2022. However, the repealed instrument dealt with an issue that continues to be relevant. This instrument replaces the repealed instrument.

3.      This instrument is intended to avoid double payment of benefits.

4.      This instrument is a legislative instrument.

Overview

5.      This instrument provides that a person is not entitled to be paid an energy supplement under section 83A of the Act for a day if the person is paid a clean energy bonus for the day under section 209A of the Act or section 62A of the Veterans’ Entitlements Act 1986.

Consultation

6.      Given this instrument simply remakes the previous instrument and maintains extant policy, consultation on this instrument was limited.

Commencement

7.      This instrument commences on the day after the day it is registered.


Explanation of provisions

 

Section 1 states the name of the instrument.

Section 2 provides that the instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation. This has the same effect as paragraph 12(1)(a) of the Legislation Act 2003.

Section 3 provides that a person is not entitled to an energy supplement under section 83A of the Act for a particular day if the same person is already entitled to an energy supplement for that particular day under either section 209A of the Act or section 62A of the Veterans’ Entitlements Act 1986 (an excluded provision).

This section is intended to avoid double payment of an energy supplement.

Under this section, it is not relevant whether the person who is entitled to an energy supplement under an excluded provision has actually received the energy supplement. It is the person’s entitlement to the energy supplement that is the main relevant consideration here, not the receipt of the payment.

The expression energy supplement is defined in section 5 of the Act. Because of paragraph 13(1)(b) of the Legislation Act 2003, energy supplement in this instrument has the same meaning as in the Act.


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Military Rehabilitation and Compensation (Multiple Entitlement Exclusion) Determination 2024

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Human rights implications

The instrument does engage an applicable right or freedom. It relates to the right to social security. The right to social security is contained in Article 9 of the International Covenant on Economic Social and Cultural Rights (ICESCR). The right to social security requires, among other things, the right to a minimum essential level of benefits for all individuals and families that will enable them to acquire at least essential health care, basic shelter and housing, water and sanitation, foodstuffs, and the most basic forms of education.

This compensation is intended to enable people with limited means to continue to have adequate access to essential services and would be in accordance with Australia’s social security obligations under the International Covenant on Economic, Social and Cultural Rights.

The UN Committee on Economic Social and Cultural Rights has stated that qualifying conditions for benefits must be reasonable, proportionate and transparent.

The instrument appears to satisfy these criteria.  It ensures that a person does not receive double-entitlements when only one entitlement is intended.  There is no scope for the exercise of a discretion under the instrument, the conditions are prescriptive.

Conclusion

The instrument is compatible with human rights because it does not reduce the right to social security but merely ensures the right is exercised appropriately and not used for unintended extra benefits. The conditions the instrument imposes on the entitlement are considered fair and reasonable in the policy context.

 

 

Military Rehabilitation and Compensation Commission

Rule-Maker

Overview

The Military Rehabilitation and Compensation (Multiple Entitlement Exclusion) Determination 2024, enacted by the Military Rehabilitation and Compensation Commission under the Military Rehabilitation and Compensation Act 2004, addresses the problem of double payments of energy supplements to individuals who are entitled to multiple entitlements. The repealed Military Rehabilitation and Compensation (Multiple Entitlement Exclusion) Determination 2012, which was automatically repealed on 1 October 2022, dealt with an issue that remains relevant today. This new determination seeks to prevent the double payment of benefits by ensuring that a person is not entitled to be paid an energy supplement under section 83A of the Act for a day if they are paid a clean energy bonus for the day under section 209A of the Act or section 62A of the Veterans’ Entitlements Act 1986. This determination is compatible with human rights as it ensures the right to social security is exercised appropriately without reducing the essential benefits to which individuals are entitled. The conditions imposed are considered fair and reasonable within the policy context, ensuring that the compensation provided is adequate for essential services and aligns with Australia's obligations under the International Covenant on Economic, Social and Cultural Rights.

Scope and Application

The Military Rehabilitation and Compensation (Multiple Entitlement Exclusion) Determination 2024 applies to individuals who are recipients of benefits under the Military Rehabilitation and Compensation Act 2004 or the Veterans’ Entitlements Act 1986. Specifically, it prevents these individuals from receiving a double payment for an energy supplement if they are already entitled to it under another provision of these Acts. The instrument ensures that benefits are distributed fairly and efficiently, preventing any individual from benefiting unduly from overlapping entitlements. The instrument applies nationally, as it is made under the authority of the Commonwealth, and it replaces the previous Military Rehabilitation and Compensation (Multiple Entitlement Exclusion) Determination 2012, which was automatically repealed on 1 October 2022. The new instrument maintains the existing policy of avoiding double payments, ensuring that the benefits are used as intended to support the social security needs of eligible individuals.

Key Provisions

The Military Rehabilitation and Compensation (Multiple Entitlement Exclusion) Determination 2024 sets out key provisions to ensure that individuals are not paid double benefits for energy supplements under the Military Rehabilitation and Compensation Act 2004. Section 3 of the Determination specifies that a person is not entitled to an energy supplement under section 83A of the Act if they are already entitled to an energy supplement for the same day under either section 209A of the Act or section 62A of the Veterans' Entitlements Act 1986. This provision aims to prevent the double payment of benefits, ensuring that individuals do not receive more compensation than intended. The Determination imposes clear obligations on the parties involved. Beneficiaries must ensure that they do not receive payments from more than one source for the same benefit on the same day. Additionally, the Military Rehabilitation and Compensation Commission is responsible for administering and enforcing this Determination, ensuring compliance with the provisions to avoid double payments. The Commission must also ensure that any entitlements are correctly calculated and paid, considering the conditions set out in the Determination. Breaching the provisions of this Determination can lead to civil consequences. The Act may include provisions for penalties or recovery of overpaid benefits. However, the specific penalties or consequences for non-compliance are not detailed in the provided text. It is essential for beneficiaries to adhere to the conditions set out in the Determination to avoid any potential penalties or recovery actions. The Determination's purpose is to maintain the integrity of the compensation system by ensuring that benefits are paid appropriately and fairly, without duplication.

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Social Security Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.