Veterans' Entitlements (Child-Related Rent Assistance Payments) Determination 2004
Instrument No. R13 /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 (Act) 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 time set out below.
2. The pension/supplement child-related amount in relation to a person to whom clause 10 of Schedule 5 of the Act applies, being an amount comprised of rent assistance payable to the person, is determined to be:
(a) if the person is a single person with only one saved child who has not turned 16 and the first-mentioned person is required to pay at least $113.26 pfn rent — max. $113.68 pfn; or
(b) if the person is a single person with only two saved children who have not turned 16 and the first-mentioned person is required to pay at least $113.26 pfn rent — max. $113.68 pfn; or
(c) if the person is a single person with more than two saved children who have not turned 16 and the first-mentioned person is required to pay at least $113.26 pfn rent — max. $128.52 pfn; or
(d) if the person is a member of a couple with only one saved child who has not turned 16 and the couple is required to pay at least $167.72 pfn rent — max. $56.84 pfn; or
(e) if the person is a member of a couple with only two saved children who have not turned 16 and the couple is required to pay at least $167.72 pfn rent — max. $56.84 pfn; or
(f) if the person is a member of a couple with more than two saved children who have not turned 16 and the couple is required to pay at least $167.72 pfn rent — max. $64.26 pfn;
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for any time in the period on and from 20 September 2004 to and including 19 March 2005.
This Determination commences on 20 September 2004.
_______________________________________________________________
Oona O’Beirne
as Director (Policy Development)
31/8/04
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Definitions:
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.
pfn means per fortnight.
rent assistance is the payment described as rent assistance in the relevant provisions mentioned in the definition of pension/supplement child-related amount in sub-clause 10(4) of Schedule 5 of the Act.
saved child, in relation to a person, means a child because of whom clause 10 of Schedule 5 of the Act applies to the person.
single person includes:
(a) a person not a member of a couple;
(b) a member of an illness separated couple;
(c) a member of a respite care couple; and
(d) a person who is partnered where the person’s partner is a partner without a rent increased pension.
Note: a number of expressions used in this Determination are defined in the Act and therefore are not defined in this Determination. These expressions have the same meaning in this Determination as in the Act.
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Overview
The Veterans' Entitlements (Child-Related Rent Assistance Payments) Determination 2004 was enacted to provide specific guidelines for the payment of rent assistance to veterans who are raising children, ensuring these payments are in line with the indexation of family tax benefits. This legislative instrument was made by Oona O’Beirne, a delegate of the Repatriation Commission, under the authority granted by the Veterans' Entitlements Act 1986. The objective of this Determination is to align the rent assistance payments with the adjusted rates of family tax benefits as outlined in the A New Tax System (Family Assistance) Act 1999, thereby providing financial support that reflects the current economic conditions and family needs. This instrument was designed to address the gap in ensuring that veterans' rent assistance payments are kept up-to-date with broader social security adjustments, thus maintaining the adequacy of support for veteran families.
Scope and Application
The Veterans' Entitlements (Child-Related Rent Assistance Payments) Determination 2004 applies to veterans and their families who are eligible for child-related rent assistance under the Veterans' Entitlements Act 1986. This legislation sets the maximum rent assistance payments for single individuals and couples with children who are not yet 16 years old, based on the indexation of the Part A rate of family tax benefit under the A New Tax System (Family Assistance) Act 1999. The scope of the Act includes individuals who are not members of a couple, members of an illness separated couple, members of a respite care couple, or those in a partnership where their partner does not receive a rent-increased pension. The Determination is applicable for the period from 20 September 2004 to 19 March 2005 and is made under the authority of the Repatriation Commission. It does not specify exclusions or exemptions beyond the criteria for eligibility and the timeframe outlined.
Key Provisions
The Veterans' Entitlements (Child-Related Rent Assistance Payments) Determination 2004 (the Determination) sets out the maximum amounts for child-related rent assistance payments for veterans who are eligible under the Veterans' Entitlements Act 1986 (the Act). These amounts are determined in relation to the indexation of the Part A rate of family tax benefit under the A New Tax System (Family Assistance) Act 1999. According to section 2 of the Determination, the pension/supplement child-related amount is calculated based on the number of saved children under the age of 16 and the amount of rent the veteran is required to pay per fortnight. The maximum amounts range from $113.68 pfn to $128.52 pfn for single persons, and from $56.84 pfn to $64.26 pfn for members of a couple.
The Determination imposes specific obligations on eligible veterans to ensure they meet the criteria for receiving child-related rent assistance payments. These criteria include the requirement that the veteran must be a single person or a member of a couple and that they must have saved children under the age of 16. Additionally, the veteran must be paying a minimum rent amount per fortnight, as specified in section 2. The Determination also outlines the maximum amounts payable based on the number of saved children and the minimum rent amount, ensuring that veterans receive appropriate support for their rent expenses.
In terms of enforcement and compliance, the Determination does not explicitly outline offences, penalties, or consequences for breach. However, the Act under which this Determination is made does provide for various penalties and consequences for non-compliance with its provisions. These could include fines, imprisonment, or other civil and criminal penalties as prescribed by the Act. The specific penalties would depend on the nature and severity of the breach, as well as any relevant provisions in the Veterans' Entitlements Act 1986 and related legislation.