Veterans’ Affairs Legislation Amendment (2002 Budget Measures) Act 2002
No. 72, 2002
An Act to amend the Veterans’ Entitlements Act 1986, and for related purposes
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
Schedule 1—Veterans’ Entitlements Act 1986
Veterans’ Affairs Legislation Amendment (2002 Budget Measures) Act 2002
No. 72, 2002
An Act to amend the Veterans’ Entitlements Act 1986, and for related purposes
[Assented to 6 September 2002]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Veterans’ Affairs Legislation Amendment (2002 Budget Measures) Act 2002.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent | 6 September 2002 |
2. Schedule 1, items 1 and 2 | The day on which this Act receives the Royal Assent | 6 September 2002 |
3. Schedule 1, items 3 to 5 | 20 September 2002 | 20 September 2002 |
4. Schedule 1, item 6 | The day on which this Act receives the Royal Assent | 6 September 2002 |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Veterans’ Entitlements Act 1986
1 At the end of section 45C
Add:
(3) Subsections (1) and (2) have effect subject to subsection 45R(2).
2 At the end of section 45R
Add:
(2) Despite paragraph (1)(a), if:
(a) a pension is payable to a person under Part II or IV at a rate determined under or by reference to subsection 30(1) from a particular day (the pension receipt day); and
(b) as a result, a social security pension or a social security benefit that was payable to the person immediately before the pension receipt day is no longer payable; and
(c) the person makes a claim for income support supplement on a day (the ISS claim day) after the pension receipt day; and
(d) had the person made a claim for income support supplement on the pension receipt day, he or she would have been eligible for income support supplement throughout the period beginning on the pension receipt day and ending on the ISS claim day;
the determination takes effect on, and income support supplement is payable to the person on and from, the pension receipt day.
3 Section 59A (after table item 2)
Insert:
| Ceiling Rate | | |
3. | Ceiling rate for war widow/war widower—pensioner | ceiling rate | *Rate Calculator—point SCH6‑A4 |
4 At the end of Subdivision C of Division 18 of Part IIIB
Add:
59LA Adjustment of ceiling rate
(1) This Act has effect as if, on each adjustment day, the amount worked out in accordance with the following formula, and rounded up to the nearest multiple of $2.60, were substituted for the ceiling rate:
where:
pension MBR factor is:
worked out to 3 decimal places.
previous ceiling rate is the ceiling rate applicable on the day before the adjustment day.
(2) In subsection (1):
current single pension MBR amount means the pension MBR amount applicable, on the adjustment day, to a person who is not a member of a couple.
previous single pension MBR amount means the pension MBR amount applicable, on the day before the adjustment day, to a person who is not a member of a couple.
(3) In this section:
adjustment day means the following:
(a) 20 March;
(b) 20 September.
5 At the end of point SCH6‑A4
Add:
Note: The ceiling rate is adjusted 6 monthly in line with service pensions (see section 59LA).
6 Point SCH6‑B2
Repeal the point.
[Minister’s second reading speech made in—
House of Representatives on 20 June 2002
Senate on 28 August 2002]
Overview
The Veterans’ Affairs Legislation Amendment (2002 Budget Measures) Act 2002 was enacted by the Parliament of Australia to amend the Veterans’ Entitlements Act 1986 and address certain financial measures as part of the 2002 budget. The principal objective of this legislation is to introduce adjustments to pension rates and other related entitlements for veterans and their families. By amending the Veterans’ Entitlements Act 1986, the Act ensures that the financial support provided to veterans and their dependents remains aligned with economic changes and budgetary considerations.
The Act establishes a mechanism for the biannual adjustment of the ceiling rate for war widow/war widower pensions, ensuring that these rates keep pace with broader economic changes. Additionally, the Act includes provisions that refine the conditions under which income support supplement is payable to veterans, aiming to enhance the accuracy and fairness of the support provided. The legislative amendments reflect a commitment to maintaining and improving the welfare of veterans, ensuring that their entitlements reflect current economic realities while supporting their ongoing needs.
Scope and Application
The Veterans’ Affairs Legislation Amendment (2002 Budget Measures) Act 2002 amends the Veterans’ Entitlements Act 1986 to adjust the entitlements and payments available to veterans, their widows, and widowers. The Act applies to individuals who are eligible for a pension under Part II or IV of the Veterans’ Entitlements Act 1986, specifically addressing the income support supplement and the ceiling rate for war widows and widowers. The geographic reach of this Act is national, as it pertains to veterans throughout Australia. The Act came into effect on various dates, with the majority of its provisions taking effect on 20 September 2002. This Act does not explicitly state any exclusions, exemptions, or thresholds; however, its application is subject to the conditions outlined in the Veterans’ Entitlements Act 1986. The Act may also be extended or restricted through subordinate instruments, which are not specified within the text of this particular Act.
Key Provisions
The Veterans’ Affairs Legislation Amendment (2002 Budget Measures) Act 2002 (C2004A01009) amends the Veterans’ Entitlements Act 1986 (VEA) by introducing changes to the income support supplement (ISS) and pension ceiling rates. Section 1 of the Act adds a new subsection (3) to section 45C of the VEA, which specifies that certain pension payments are subject to the provisions in subsection 45R(2). Section 2 of the Act amends section 45R to clarify when ISS is payable when a pension becomes payable. Section 3 introduces a new section 59A, which sets out a new ceiling rate for war widows and widowers. The Act also includes a new formula for calculating and adjusting the ceiling rate, which is to be applied on specified adjustment days (subsection 59LA(1)). The rate is rounded up to the nearest multiple of $2.60 (subsection 59LA(1)). The new ceiling rate is to be substituted for the previous ceiling rate on each adjustment day, as specified in the formula (subsection 59LA(1)).
The Act imposes several obligations on the parties it governs. Under section 1, subsections (1) and (2) of section 45C are subject to subsection 45R(2). This means that the provisions in subsection 45R(2) will apply to the pension payments specified in section 45C(1) and (2). Under section 2, the Act specifies when ISS is payable when a pension becomes payable. This means that if a pension becomes payable to a person under Part II or IV of the VEA, and as a result, a social security pension or benefit that was payable to the person immediately before the pension receipt day is no longer payable, the person must make a claim for ISS on a day after the pension receipt day. Under section 3, the new ceiling rate for war widows and widowers is to be substituted for the previous ceiling rate on each adjustment day. This means that the new ceiling rate must be applied on the specified adjustment days, as outlined in the formula in subsection 59LA(1).
The Act does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, it is likely that any failure to comply with the provisions of the Act would be subject to the penalties and consequences outlined in the VEA. Under the VEA, failure to comply with the provisions of the Act may result in financial penalties, imprisonment, or both, depending on the severity of the breach. The maximum penalty for a serious breach of the VEA is a fine of up to $22,000 or imprisonment for up to two years, or both. It is important to note that these penalties and consequences are not explicitly stated in the Veterans’ Affairs Legislation Amendment (2002 Budget Measures) Act 2002, but are instead outlined in the VEA.