EXPLANATORY NOTE

VETERANS’ ENTITLEMENTS ACT 1986

SUBSECTION 53B(1)

VETERANS' ENTITLEMENTS (CONTINUED FRINGE BENEFITS) DETERMINATION 1999

1. This determination is about allowing ex-recipients of the invalidity service pension ('ISP') to continue to be eligible for 'fringe benefits' for possibly 12 months where they ceased to be eligible for that pension because they ceased to be permanently incapacitated for work.

2.                 Fringe benefits are benefits and concessions of various kinds made available by governments and authorities.

3.                 The Veterans' Entitlements Act 1986 ('the VEA') says that in order for an ex-ISP recipient to continue to be eligible for fringe benefits he or she must have ceased to be permanently incapacitated for work in circumstances which are 'continued fringe benefits eligibility circumstances'.

The VEA then says that the Repatriation Commission must make a determination determining those circumstances that are 'continued fringe benefits eligibility circumstances'.  The Commission has done this and the relevant determination is attached.

4.                 The 'fringe benefits determination' says that 'continued fringe benefits eligibility circumstances' are where the ISP recipient was doing work for periods adding up to more than 8 hours per week when he or she ceased to be permanently incapacitated for work.

 5. A person who continues to be eligible for fringe benefits is eligible for those benefits until 12 months expire or the person stops working for more than 8 hours per week - whichever occurs first.  This requirement is laid down in subsection 53A(2) of the VEA.