Veterans' Entitlements Amendment (Male Total Average Weekly Earnings Benchmark) Act 1998

Administered by Department of Veterans' Affairs

Legislation au C2004A00346 Not in force Act

Legislation content

 

 

 

 

Veterans’ Entitlements Amendment (Male Total Average Weekly Earnings Benchmark) Act 1998

 

No. 69, 1998

 

 

 

 

 

 

 

 

 

 

Veterans’ Entitlements Amendment (Male Total Average Weekly Earnings Benchmark) Act 1998

 

No. 69, 1998

 

 

 

 

An Act to amend section 198 of the Veterans’ Entitlements Act 1986 to allow increases in the rate of pension payable under paragraph 30(1)(a) of that Act to the widow or widower of a deceased veteran to take account of Male Total Average Weekly Earnings

 

 

Contents

1 Short title..................................1

2 Commencement..............................2

3 Schedule(s).................................2

Schedule 1—Amendment of the Veterans’ Entitlements Act 1986 3

 

Veterans’ Entitlements Amendment (Male Total Average Weekly Earnings Benchmark) Act 1998

No. 69, 1998

 

 

 

An Act to amend section 198 of the Veterans’ Entitlements Act 1986 to allow increases in the rate of pension payable under paragraph 30(1)(a) of that Act to the widow or widower of a deceased veteran to take account of Male Total Average Weekly Earnings

[Assented to 30 June 1998]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Veterans’ Entitlements Amendment (Male Total Average Weekly Earnings Benchmark) Act 1998.

2  Commencement

  This Act is taken to have commenced on 19 March 1998.

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  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendment of the Veterans’ Entitlements Act 1986

 

1  Subsection 198(1)

Insert:

December quarter means a quarter ending on 31 December.

2  Subsection 198(1)

Insert:

fortnightly MTAWE figure for a quarter means 1/26 of the annualised MTAWE figure for that quarter within the meaning of section 59EA.

3  Subsection 198(1)

Insert:

June quarter means a quarter ending on 30 June.

4  At the end of subsection 198(4)

Add:

Note: The rate calculated under this section in substitution for the rate referred to in paragraph (e) of the definition of relevant rate may be increased under subsection (6) in certain cases.

5  After subsection 198(5D)

Insert:

 (6) If:

 (a) a rate (substituted rate) is substituted for the rate specified in paragraph (e) of the definition of relevant rate because of an application of subsection (4) for a relevant period that starts after 20 September 1997; and

 (b) 25% of the fortnightly MTAWE figure for whichever of the following quarters is applicable:

 (i) if the relevant period starts on a 20 March—the most recent December quarter;

 (ii) if the relevant period starts on a 20 September—the most recent June quarter;

  exceeds the substituted rate;

this Act has effect as if there were substituted for the substituted rate a rate equal to:

 (c) the substituted rate increased by an amount equal to the excess; and

 (d) if the substituted rate (as increased under paragraph (c)) is not a multiple of $0.10, the substituted rate (as so increased) further increased by rounding up to the next highest multiple of $0.10.

 (7) If:

 (a) a rate is not substituted for the rate (unchanged rate) specified in paragraph (e) of the definition of relevant rate because of an application of subsection (4) for a relevant period that starts after 20 September 1997; and

 (b) 25% of the fortnightly MTAWE figure for whichever of the following quarters is applicable:

 (i) if the relevant period starts on a 20 March—the most recent December quarter;

 (ii) if the relevant period starts on a 20 September—the most recent June quarter;

  exceeds the unchanged rate;

this Act has effect as if there were substituted for the unchanged rate a rate equal to:

 (c) the unchanged rate increased by an amount equal to the excess; or

 (d) if the unchanged rate (as increased under paragraph (c)) is not a multiple of $0.10, the unchanged rate (as so increased) further increased by rounding up to the next highest multiple of $0.10.

 (8) If:

 (a) the rate of pension payable to a person is increased because of an application of subsection (6) or (7); and

 (b) in respect of the period from 19 March 1998 to the day on which the Veterans’ Entitlements Amendment (Male Total Average Weekly Earnings Benchmark) Act 1998 receives the Royal Assent, the person has been paid any ex gratia payments from the Commonwealth of an amount equal to the amount by which the pension payable to the person would increase as a result of that increase;

the amount of pension payable to the person in respect of that period is reduced by an amount equal to the amount of those ex gratia payments. However, the operation of this subsection is not taken to affect the rate of the pension payable to the person.

 

 

(47/98)


 

[Minister's second reading speech made in—

House of Representatives on 2 April 1998

Senate on 28 May 1998]

 

 

Overview

The Veterans’ Entitlements Amendment (Male Total Average Weekly Earnings Benchmark) Act 1998 (Cth) was enacted by the Parliament of Australia to address a gap in the calculation of pension rates for widows and widowers of deceased veterans. This legislation was introduced to ensure that pension rates are adjusted to reflect changes in the Male Total Average Weekly Earnings (MTAWE). The primary objective of this Act is to provide a fair and updated benchmark for pension calculations, thereby ensuring that the financial support provided to the surviving spouses of veterans is aligned with broader economic changes. By amending section 198 of the Veterans’ Entitlements Act 1986, the Act allows for the increase in pension rates to be tied to the MTAWE, ensuring that these rates remain relevant and reflective of current economic conditions.

Scope and Application

The Veterans’ Entitlements Amendment (Male Total Average Weekly Earnings Benchmark) Act 1998 applies to the widow or widower of a deceased veteran who is entitled to a pension under the Veterans’ Entitlements Act 1986. The Act specifically amends section 198 of the Veterans’ Entitlements Act 1986 to allow for increases in the rate of pension payable to take account of the Male Total Average Weekly Earnings (MTAWE). This Act has a Commonwealth jurisdiction and applies nationally across Australia. The Act allows for adjustments in pension rates based on economic benchmarks, ensuring that the pensions remain reflective of contemporary economic conditions. The Act does not specify any exclusions or exemptions, and it extends its application through the specified amendments to the Veterans’ Entitlements Act 1986. The changes introduced by this Act are effective from 19 March 1998, as stipulated by its commencement date.

Key Provisions

The Veterans’ Entitlements Amendment (Male Total Average Weekly Earnings Benchmark) Act 1998 (Act) amends section 198 of the Veterans’ Entitlements Act 1986 (VEA) to adjust the pension rates payable to widows or widowers of deceased veterans, based on the Male Total Average Weekly Earnings (MTAWE) (section 1(1)). This adjustment mechanism is intended to ensure that pension rates reflect changes in the broader economy and are adjusted in a manner consistent with broader economic indicators. The Act introduces new definitions and provisions to facilitate these adjustments. For instance, it defines "December quarter" as a quarter ending on 31 December and "fortnightly MTAWE figure" as 1/26 of the annualised MTAWE figure for a given quarter (section 1(2) and (3)). The obligations imposed by the Act are primarily on the entities responsible for administering the pension payments under the VEA. These entities must now calculate pension rates using the MTAWE benchmark, which involves determining the appropriate quarter (December or June) based on when the relevant pension period starts and then applying the specified formulae to calculate the pension rate (section 1(6)-(8)). If the calculated pension rate exceeds the previously substituted or unchanged rate, the pension rate must be adjusted accordingly. This adjustment is necessary if 25% of the fortnightly MTAWE figure for the relevant quarter exceeds the substituted or unchanged rate. If the adjusted rate is not a multiple of $0.10, it must be rounded up to the next highest multiple of $0.10 (section 1(6)(c) and (7)(c)). Furthermore, if the pension rate is increased due to this adjustment, and the veteran’s widow or widower has already received ex gratia payments from the Commonwealth for the period between 19 March 1998 and the date of Royal Assent, the pension payable for that period must be reduced by the amount of those payments (section 1(8)). The Act does not explicitly outline specific offences or penalties for non-compliance. However, given its purpose of adjusting pension rates, it can be inferred that entities responsible for administering pensions under the VEA must comply with the new provisions to avoid discrepancies in pension payments. Failure to correctly apply the MTAWE benchmark could result in underpayment or overpayment of pensions, which might lead to administrative or legal consequences for the entities involved. Given the context of pension adjustments and the potential impact on beneficiaries, non-compliance could attract scrutiny and corrective measures from relevant authorities.

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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.