Veterans' Entitlements Amendment (Disability, War Widow and War Widower Pensions) Act 2007

Administered by Department of Veterans' Affairs

Legislation au C2007A00167 In force Act

Legislation content

 

 

 

 

 

 

Veterans’ Entitlements Amendment (Disability, War Widow and War Widower Pensions) Act 2007

 

No. 167, 2007

 

 

 

 

 

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’ Entitlements Amendment (Disability, War Widow and War Widower Pensions) Act 2007

No. 167, 2007

 

 

 

An Act to amend the Veterans’ Entitlements Act 1986, and for related purposes

[Assented to 25 September 2007]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Veterans’ Entitlements Amendment (Disability, War Widow and War Widower Pensions) Act 2007.

2  Commencement

  This Act commences on 20 March 2008.

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  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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  Subsection 22(3)

Omit “$216.90”, substitute “$338.94”.

Note: The figure $338.94 will be affected by indexation under section 198 of the Veterans’ Entitlements Act 1986 (as amended by this Act) on and after 20 March 2008.

2  Subsection 22(4)

Omit “$433.65”, substitute “$510.40”.

Note: The figure $510.40 will be affected by indexation under section 198 of the Veterans’ Entitlements Act 1986 (as amended by this Act) on and after 20 March 2008.

3  Paragraph 30(1)(b)

Omit “$25”, substitute “$35”.

Note: The figure $35 will be affected by indexation under section 198 of the Veterans’ Entitlements Act 1986 (as amended by this Act) on and after 20 March 2008.

4  Subsection 198(1)

Insert:

adjustment day means 20 September or 20 March.

5  Subsection 198(1)

Insert:

pension MBR factor means the pension MBR factor worked out under section 59LA.

6  Subsection 198(1) (paragraph (a) of the definition of relevant rate)

Repeal the paragraph.

7  After subsection 198(5D)

Insert:

Indexation of general rate

 (5DA) This Act has effect as if, on each adjustment day, there were substituted, for the general rate, the rate worked out using the following formula and rounded up to the nearest $0.10:

Note 1: The following heading to subsection 198(1) is inserted “Definitions”.

Note 2: The following heading to subsection 198(2) is inserted “Changes in index numbers”.

Note 3: The following heading to subsection 198(4) is inserted “Indexation of each relevant rate”.

Note 4: The following heading to subsection 198(5A) is inserted “Indexation in 1990 of rate in paragraph 30(1)(a)”.

Note 5: The following heading to subsection 198(5E) is inserted “Indexation of each above general rate”.

Note 6: The following heading to subsection 198(6) is inserted “Extra increase in rate in paragraph 30(1)(a)”.

8  Subsection 198(5E)

Omit “the first day (the adjustment day) of each relevant period”, substitute “each adjustment day”.

9  Subsection 198(5E) (method statement, step 5)

Omit “specified in section 59LA”.

10  After subsection 198(8)

Insert:

Indexation of rate in paragraph 30(1)(b)

 (8A) This Act has effect as if, on each adjustment day, there were substituted, for the rate in paragraph 30(1)(b), the rate worked out using the following formula and rounded up to the nearest $0.10:

Note: The following heading to subsection 198(10) is inserted “Effect of indexation”.

11  Application and transitional provisions

Application

(1) The amendments of the Veterans’ Entitlements Act 1986 made by this Act apply on and after the commencement of this Act.

Transitional—adjustment day that is 20 March 2008

(2) Subsection 198(5DA) of the Veterans’ Entitlements Act 1986 (as amended by this Act) operates in relation to the adjustment day that is 20 March 2008 as if the general rate on the day before the adjustment day were $338.94 per fortnight.

(3) Subsection 198(5E) of the Veterans’ Entitlements Act 1986 operates in relation to the adjustment day that is 20 March 2008 as if:

 (a) the general rate on that day were that rate as affected by subsection 198(5DA) of that Act (as amended by this Act); and

 (b) for the above general rate specified in paragraph (a) of the definition of above general rate in subsection 198(1) of that Act, the result of step 4 of the method statement in subsection 198(5E) of that Act were increased by $15.00.

Note: Paragraph (a) of the definition of above general rate in subsection 198(1) of the Veterans’ Entitlements Act 1986 deals with the rate set by subsection 22(4) of that Act.

(4) Subsection 198(8A) of the Veterans’ Entitlements Act 1986 (as amended by this Act) operates in relation to the adjustment day that is 20 March 2008 as if the rate in paragraph 30(1)(b) on the day before the adjustment day were $35 per fortnight.

 

 [Minister’s second reading speech made in—

House of Representatives on 20 September 2007

Senate on 20 September 2007]

(191/07)

 

Overview

The Veterans’ Entitlements Amendment (Disability, War Widow and War Widower Pensions) Act 2007 was enacted by the Parliament of Australia to address the need for updated pension rates for veterans and their families. This Act amends the Veterans’ Entitlements Act 1986 to adjust the rates of disability pensions, war widow pensions, and war widower pensions to better reflect current economic conditions and living costs. The changes are intended to ensure that these pensions provide adequate support for the beneficiaries. The Act introduces new definitions and indexation formulas to facilitate ongoing adjustments to the pension rates, ensuring that they remain aligned with economic changes. The policy objective is to provide fair and adequate compensation to those who have served or lost loved ones in service to the nation, thereby acknowledging and supporting their contributions and sacrifices.

Scope and Application

The Veterans’ Entitlements Amendment (Disability, War Widow and War Widower Pensions) Act 2007 is a Commonwealth Act that amends the Veterans’ Entitlements Act 1986. It applies to veterans and their families who are recipients of disability pensions, war widow pensions, and war widower pensions under the Veterans’ Entitlements Act. This Act ensures that the rates of these pensions are adjusted and indexed appropriately, enhancing the financial support provided to veterans and their dependents. The amendments made by this Act apply to all relevant pensions issued on and after the Act's commencement date of 20 March 2008. The geographic reach of the Act is national, as it pertains to federal legislation affecting all states and territories within Australia. There are no specific exclusions or exemptions outlined in the Act; however, it is important to note that the adjustments and indexations it provides are subject to the conditions and calculations specified within the Veterans’ Entitlements Act 1986. The Act itself does not extend or restrict its application through subordinate instruments, but the Veterans’ Entitlements Act 1986 may include such provisions.

Key Provisions

The Veterans' Entitlements Amendment (Disability, War Widow and War Widower Pensions) Act 2007 makes several amendments to the Veterans' Entitlements Act 1986. The main operative sections of the Act involve substituting new figures for certain rates and modifying indexation provisions. For instance, section 1 substitutes "$338.94" for "$216.90" in subsection 22(3) of the Veterans' Entitlements Act 1986. Similarly, section 2 replaces "$433.65" with "$510.40" in subsection 22(4), and section 3 changes "$25" to "$35" in paragraph 30(1)(b). Additionally, section 4 introduces new definitions and indexation rules, while sections 5 through 11 revise the indexation methodology and transitional provisions to ensure a smooth transition to the new rates. The Act imposes obligations on the relevant parties, including the need to adjust the rates of veterans' pensions and other entitlements as specified. The Department of Veterans' Affairs and other relevant entities must ensure that the new rates are applied correctly from the commencement date of the Act. This includes updating their systems and processes to reflect the new figures and ensuring that pensioners receive the correct amounts from 20 March 2008. The Act also mandates that these rates be indexed to maintain their purchasing power, with adjustments made on specific days as outlined in the amended provisions. Failure to comply with the requirements of the Act can lead to various consequences. While the Act itself does not specify penalties for non-compliance, breaches of the Veterans' Entitlements Act 1986 can result in civil or criminal penalties. For instance, intentionally providing false information to obtain pensions or entitlements can lead to fines or imprisonment under section 134 of the Veterans' Entitlements Act 1986. Additionally, failing to pay the correct amounts due to an oversight can result in financial penalties and legal action to recover the owed amounts. The exact penalties would depend on the nature and severity of the breach, as well as the relevant laws governing such offences.

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Area of Law
Social Security Law
Instrument
Act
Concepts
Commencement Provisions
Transitional Provisions
Repeal & Amendment

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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.