Veterans' Entitlements Amendment Act 1991

Legislation au C2004A04147 Not in force Act

Legislation content

Veterans’ Entitlements Amendment Act 1991

No. 72 of 1991

TABLE OF PROVISIONS

 

Section

 

1.

Short title

2.

Commencement

3.

Repeal of section 5 and substitution of new sections:

 

5.

Index of definitions

 

5a.

Repatriation Commission definitions

 

5b.

War and operational area related definitions

 

 

Allotted for duty

 

 

End of World War 1 and 2

 

5c.

Eligibility related definitions

 

5d.

Injury/disease definitions

 

5e.

Family relationships definitions—couples

 

5f.

Family relationships definitions—children

 

5g.

Australian residence definitions

 

5h.

Income test definitions

 

5j.

Investment income definitions

 

5k.

Maintenance income definitions

 

5l.

Assets test definitions

 

5m.

Retirement villages definitions

 

5n.

Rent definitions

 

5p.

Bereavement definitions

 

5q.

General definitions

 

5r.

Determinations having interpretative effect

 

 

Continuous full-time service determination; member of unit of Defence Force determination

 

 

Allied veteran determination

 

 

Person may be treated as not being a member of a couple determination

 

 

Illness separated couple determination

 

 

Respite care couple determination

 

 

Approved respite care determination

TABLE OF PROVISIONS—continued

Section

 

 

 

 

Prescribed student child determination.

 

5s.

Date of effect of determination granting pension or allowance

4.

Insertion of new section:

 

7a.

Qualifying service

5.

Repeal of Part III and substitution of new Part:

 

 

PART III—SERVICE PENSIONS

 

 

Division 1—General features

 

35.

Order of provisions and structure of Divisions

 

35a.

Eligibility for and payability of service pension

 

 

Division 2—Claim for qualifying service

 

 

Subdivision A—Claim

 

35b.

Need for a claim

 

35c.

Who can claim?

 

35d.

Form of claim

 

35e.

Lodgment of claim

 

35f.

Withdrawal of claim

 

 

Subdivision B—Investigation of claim

 

35g.

Secretary to investigate claim and submit it to Commission

 

 

Subdivision C—Consideration and determination of claim

 

35h.

Duties of Commission in relation to claim

 

35j.

Determination of qualifying service to be proof of qualifying service

 

 

Division 3—Age service pension

 

 

Subdivision A—Eligibility for and payability of age service pension

 

36.

Eligibility for age service pension

 

36a.

Age service pension may not be payable in some circumstances

 

36b.

Age service pension generally not payable before claim

 

36c.

Restrictions on dual pensions

 

 

Subdivision B—Claim for age service pension

 

36d.

Need for a claim

 

36e.

Who can claim?

 

36f.

Form of claim

 

36g.

Lodgment of claim

 

36h.

Claimant must be Australian resident and in Australia

 

36j.

Withdrawal of claim

 

 

Subdivision C—Investigation of claim

 

36k.

Secretary to investigate claim and submit it to Commission

 

 

Subdivision D—Consideration and determination of claim

 

36l.

Duties of Commission in relation to claim

 

36m.

Date of effect of determination

 

 

Subdivision E—Rate of age service pension

 

36n.

How to work out the rate of a veteran’s age…

Overview

The Veterans’ Entitlements Amendment Act 1991 was enacted by the Parliament of Australia to amend the Veterans’ Entitlements Act 1986. This Act introduced changes to the eligibility criteria, rate of payments, and other provisions related to service pensions for veterans and their dependants. It also clarified definitions and introduced new definitions to ensure consistency and fairness in the application of the Act. The policy objective of this legislation is to provide necessary support to veterans and their families, recognising their service and sacrifices made during times of conflict.

Scope and Application

The Veterans' Entitlements Amendment Act 1991 is an Australian Commonwealth Act that amends the Veterans' Entitlements Act 1986. The Act applies to veterans, their families, and other eligible persons who have rendered qualifying service during World War 1 or World War 2, or in other specified periods and areas of hostilities. It outlines the eligibility criteria, claims process, and pension rates for various types of service pensions, including age service pension, invalidity service pension, wife service pension, and carer service pension. The Act also includes provisions for bereavement payments, financial hardship rules, and fringe benefits for eligible service pensioners. Subordinate instruments may extend or restrict the application of the Act, but the primary legislation focuses on the eligibility and administration of veterans' pensions and associated benefits. The Act applies to individuals who are Australian residents and, in most cases, physically present in Australia, with certain exceptions for those receiving other pensions or benefits outside Australia.

Key Provisions

  • The Veterans’ Entitlements Amendment Act 1991 introduces key changes to the Veterans’ Entitlements Act 1986, focusing on the eligibility criteria, claims process, and payment rates for various service pensions. Firstly, the Act defines "qualifying service" (Section 7a) as service rendered in specific periods and areas during World War 1 and 2, including service in operational areas, and mandates that a claim must be made to establish eligibility for these pensions. The Act further specifies that certain types of service pensions, such as age, invalidity, wife, and carer service pensions, have distinct eligibility criteria and claim processes, as outlined in Divisions 2 through 6. Additionally, the Act details how the rates of these pensions are calculated, taking into account factors such as dependent children, disability, and the value of assets and income. For instance, age service pensions are subject to income and assets tests, with rates adjusted based on family situations and financial circumstances (Divisions 7 and 8).
  • In terms of obligations, the Act imposes several requirements on both claimants and recipients of service pensions. Claimants must submit a proper claim in writing, accompanied by relevant evidence, and be Australian residents and physically present in Australia when lodging the claim (Sections 35b, 35c, 35d, 35e, 36b, 36c, 36d, 36e, 36f, 37b, 37c, 37d, 37e, 38b, 38c, 38d, 38e, 39b, 39c, 39d, 39e, 39f, 39g, 39h). Recipients, on the other hand, must notify the Secretary of any changes in circumstances that might affect their pension eligibility or rate (Sections 54 and 54a). Failure to comply with these notification obligations can lead to automatic termination or reduction of the pension (Sections 56 and 56a).
  • The Act also outlines the consequences for non-compliance. For instance, knowingly providing false or misleading information to the Secretary can result in penalties of up to $2,000 or imprisonment for 12 months, or both (Sections 54 and 54a). Furthermore, if a pensioner is imprisoned, the Commission has the authority to suspend or forfeit pension payments during the period of imprisonment (Section 55). Similarly, if a pensioner is an inmate in a benevolent home, their pension may be redirected to their partner or child, or suspended entirely, depending on the circumstances (Sections 55a and 55b). Additionally, the Act allows for the automatic termination or reduction of a pension if the recipient fails to comply with notification obligations (Sections 56 and 56a). The Act also provides for the review of certain decisions made by the Commission, enabling claimants and recipients to request a review if they are dissatisfied with a decision (Section 57). Should a claimant or pensioner fail to comply with the notification obligations, the penalty can be as severe as the immediate cessation of pension payments, or in some cases, the reduction of the pension rate (Sections 56 and 56a).

Legal classification tags

Area of Law
Veterans' Law
Social Security Law
Instrument
Amending Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Licensing & Registration
Bereavement Payments
Compliance Obligations
CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Veterans' Entitlements Amendment Act 1991 and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Citations

Interactions

Authorises

All Versions

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.