Veterans' Entitlements (Child-Related Payments) Determination 2004
Instrument No.9/2004
1. I, Oona O'Beirne, delegate of the Repatriation Commission, make this Determination under paragraph (b) of subclause 10 (4) of Schedule 5 of the Veterans' Entitlements Act 1986 (VEA) after having had regard to the indexation of the Part A rate of family tax benefit under the A New Tax System (Family Assistance) Act 1999 in respect to the times set out below.
2. The pension/supplement child-related amount in relation to a person to whom clause 10 of Schedule 5 of the VEA applies, is determined to be:
(a) if the pension/supplement child-related amount1 payable to the person is dependent child add-on2::
(i) for each child of the person, being a child who has not turned 13 — max.3 $90.58 pfn4;
(ii) for each child of the person, being a child who has turned 13 but has not turned 16 — max.3 $126.42 pfn4;
for any time in the period on and from 1 July 2004 to and including 30 June 2005.
(b) if the pension/supplement child-related amount payable to the person is guardian allowance2 :
(i) in respect of all children of the person, being for a child or children not turned 16 — max.3 $44.66 pfn4;
for any time in the period on and from 1 July 2004 to and including 30 June 2005.
3. This Determination commences on 1 July 2004.
Dated 11 June 2004
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OONA O'BEIRNE
1. pension/supplement child-related amount is defined in sub-clause 10(4) of Schedule 5 of the VEA; 2.this is the payment described in the relevant provisions mentioned in the definition of pension/supplement child-related amount in sub-clause 10(4) of Schedule 5 of the VEA; 3. max., in conjunction with an amount, means that the amount is the maximum amount (maximum amount) that is payable in the range of amounts that may be payable from and including zero amount to and including the maximum amount; 4. per fortnight.
Overview
The Veterans' Entitlements (Child-Related Payments) Determination 2004 was enacted to ensure that child-related payments for veterans and their families are indexed in line with changes to the family tax benefit rates. This legislative instrument, made under the authority of the Veterans' Entitlements Act 1986 by Oona O'Beirne, a delegate of the Repatriation Commission, aims to maintain the purchasing power of these payments. By aligning the rates of child-related payments with the family tax benefit adjustments under the A New Tax System (Family Assistance) Act 1999, the Determination addresses the gap in ensuring that veterans' families do not face financial disadvantages due to changes in broader family assistance payments. The policy objective is to provide equitable and fair support to veterans and their dependents, reflecting the evolving cost of living and family support needs.
Scope and Application
The Veterans' Entitlements (Child-Related Payments) Determination 2004 applies to veterans and their families who are recipients of child-related payments under the Veterans' Entitlements Act 1986. These payments include dependent child add-ons and guardian allowances, which are specifically tailored to the needs of children of eligible veterans. The determination sets out the maximum amounts payable for these child-related payments for the period from 1 July 2004 to 30 June 2005, which are indexed according to the changes in the Part A rate of family tax benefit under the A New Tax System (Family Assistance) Act 1999. The geographic reach of this determination is national, as it applies across Australia. No specific exclusions or exemptions are mentioned within the text of the determination, but the application is confined to the set time period and types of payments outlined. The determination is made under the authority of the delegate of the Repatriation Commission, indicating that its scope is bound by the provisions of the VEA and other relevant legislation.
Key Provisions
The Veterans' Entitlements (Child-Related Payments) Determination 2004 sets out specific rates for child-related payments under the Veterans' Entitlements Act 1986 (VEA). Section 2(a) establishes that for dependent child add-on payments, the maximum amount payable per fortnight is $90.58 for each child under 13 and $126.42 for each child aged between 13 and 16, effective from 1 July 2004 to 30 June 2005. Similarly, Section 2(b) stipulates that for guardian allowance payments, the maximum amount is $44.66 per fortnight for each child under 16 during the same period. This determination provides clarity on the financial support available to veterans' children, ensuring consistency with the indexation of the Part A rate of family tax benefit.
The Act imposes specific obligations on the Repatriation Commission and other relevant parties to ensure that child-related payments are accurately calculated and disbursed in accordance with the set rates. This includes the requirement for the Repatriation Commission to review and adjust the payments periodically to reflect changes in the family tax benefit index. The Commission must ensure that all payments are made within the specified timeframes and that beneficiaries are correctly informed about the amount and frequency of their entitlements.
Failure to comply with the provisions of this Determination can lead to legal consequences. While the Determination does not explicitly list penalties, breaches of the VEA or related regulations can result in fines and other sanctions under the general legislative framework. For instance, Section 14 of the VEA allows for the imposition of civil penalties for non-compliance, and in more severe cases, criminal penalties may apply. The maximum penalties can vary depending on the nature and severity of the breach, but they can include substantial fines and, in some cases, imprisonment. It is crucial for all parties involved to adhere strictly to the stipulated rates and procedural requirements to avoid any legal repercussions.