Veterans’ Entitlements (Continued Fringe Benefits) Determination 2015

Administered by Department of Veterans' Affairs

Legislation au F2015L01135 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Veterans' Entitlements (Direct Deductions Arrangements) Instrument 2015

 

Veterans’ Entitlements (Continued Fringe Benefits) Determination 2015

 

Veterans’ Entitlements (Income Support Supplement – Permanent Incapacity for Work) Determination 2015

 

PURPOSE

 

The attached instruments are legislative instruments that have been re-made.  Had the instruments not been re-made, they would have been automatically repealed on
1 October 2015. 

 

Subsection 26(1B) of the Legislative Instruments Act 2003 provides that the requirement for an explanatory statement to explain the purpose and operation of an instrument may be met by an explanation that the instrument replaces a specified earlier legislative instrument or a specified provision of an earlier legislative instrument and is the same in substance as the specified instrument or provision. 

 

Also, subsection 26(1D) of the Legislative Instruments Act 2003 provides that a single explanatory statement may relate to one or more legislative instruments – which is the case here.

 

The Department of Veterans’ Affairs (DVA) has reviewed the instruments and found that they are still required.  Accordingly, the instruments have been re-made and are essentially the same in substance as the instruments they replace albeit with minor updating as required.  

 

The purpose of the instruments is outlined in Parts A, B and C.

 

CONSULTATION

 

There has been no consultation in respect of the attached instruments because they are being re-made in essentially the same form and benefits are not being affected.  Accordingly consultation was considered unnecessary.

 

RETROSPECTIVITY

 

None.

 

 

DOCUMENTS INCORPORATED-BY-REFERENCE

 

No.

 

HUMAN RIGHTS STATEMENT

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

The attached legislative instruments do engage an applicable right or freedom.  They relate to the Right to Social Security contained in article 9 of the International Covenant on Economic Social and Cultural Rights. 

The Right to Social Security is engaged and promoted by the attached instruments in the following way:

 

The Veterans' Entitlements (Direct Deductions Arrangements) Instrument 2015 helps a person manage their financial affairs by enabling the Repatriation Commission, at the person’s request, to make deductions from the person’s pension etc and make a payment on the person’s behalf e.g. pay a rent bill.

 

The Veterans’ Entitlements (Continued Fringe Benefits) Determination 2015 maintains a person’s eligibility for concessions e.g. transport concession card, for a period (approx.12 months) after their primary eligibility for the concession has ended because they obtain work.  This period of grace assists a person to adjust to a changed financial situation (e.g. no more free travel).

 

The Veterans’ Entitlements (Income Support Supplement – Permanent Incapacity for Work) Determination 2015 sets out circumstances in which a person is considered by the Repatriation Commission to be incapacitated for work (work test).  The Veterans’ Entitlements Act 1986 requires the Repatriation Commission to make a determination setting out a work test for the invalidity income support supplement.  By satisfying the work test a person establishes a ground of eligibility for the invalidity income support supplement.

 

Conclusion

The attached legislative instruments are considered to be compatible with the human right to social security because they either assist a person with managing their financial affairs or enable a person to obtain a pension for an invalidity income support supplement.

Rule-Maker

The Repatriation Commission


PART A

 

Veterans' Entitlements (Direct Deductions Arrangements) Instrument 2015

Instrument 2015 No. R23

 

The abovementioned instrument sets out classes of pension, allowances and other pecuniary benefits under the Veterans’ Entitlements Act 1986 (VEA) from which the Repatriation Commission may make deductions at a recipient’s request. 

 

The instrument also sets out the classes of payments to which the deduction may be applied, again at the recipient’s request.  An example of a class of payment is rent payable to a State Housing Authority.

 

As per subsection 122B(5) of the VEA, the Repatriation Commission can only make such deductions and payments if they are set out in a legislative instrument.

 

Accordingly the Veterans' Entitlements (Direct Deductions Arrangements) Instrument 2015 specifies the classes of pensions, allowances and benefits from which an amount may be deducted and the classes of payments for which the amount may be used.

 

PART B

 

Veterans’ Entitlements (Continued Fringe Benefits) Determination 2015

Instrument 2015 No. R24

 

The abovementioned instrument continues eligibility for fringe benefits for
ex-recipients of the invalidity service pension who cease to be eligible for that pension because they ceased to be permanently incapacitated for work.  This instrument is made under subsection 53B(1) of the VEA.

 

The person continues to be eligible for fringe benefits for the shorter of the following periods:

 

  • 12 months from the date eligibility for the invalidity service pension ceased;
  • the period commencing when eligibility for the invalidity service pension ceased and ending when the person no longer worked more than 8 hours per week.

Fringe benefits can be defined as any assistance towards purchasing goods or services at a concessional rate not available to the general public.  An example of a fringe benefit is a transport concession provided by a State Government.

 

A person eligible for a service pension (which includes an invalidity service pension) or an income support supplement is eligible for fringe benefits.

 

PART C

 

Veterans’ Entitlements (Income Support Supplement – Permanent Incapacity for Work) Determination 2015

Instrument 2015 No. R25

 

As per subsection 45QA(1) of the VEA, the abovementioned instrument sets out the circumstances in which a person is considered permanently incapacitated for work for the purposes of the invalidity income support supplement.

Generally speaking a person would meet the incapacitated-for-work test in the instrument if the person:

 

  •                    is blind; or
  • has an physical, intellectual or psychiatric impairment assessed at the relevant level stipulated in the instrument; and
  • cannot work for at least 30 hours per week, solely due to the impairment.

 

 

Overview

The Veterans' Entitlements (Direct Deductions Arrangements) Instrument 2015, the Veterans’ Entitlements (Continued Fringe Benefits) Determination 2015, and the Veterans’ Entitlements (Income Support Supplement – Permanent Incapacity for Work) Determination 2015 were enacted to address the need for ongoing regulation and specification of certain veterans' entitlements. These legislative instruments were re-made to ensure their continued applicability, as they would have otherwise been automatically repealed on 1 October 2015. The Department of Veterans’ Affairs reviewed these instruments and determined that they remained necessary, thus they were re-made with only minor updates to maintain their substance. These instruments are aimed at facilitating the administration of veterans' pensions and benefits, ensuring that veterans can effectively manage their financial affairs and continue to receive necessary support and concessions. The enactment of these instruments by the Repatriation Commission under the Veterans’ Entitlements Act 1986 is intended to promote human rights, particularly the Right to Social Security as outlined in the International Covenant on Economic, Social and Cultural Rights. The Veterans' Entitlements (Direct Deductions Arrangements) Instrument 2015 allows for financial management by enabling deductions from pensions and payments to third parties. The Veterans’ Entitlements (Continued Fringe Benefits) Determination 2015 extends eligibility for fringe benefits, aiding in financial transitions for ex-recipients. The Veterans’ Entitlements (Income Support Supplement – Permanent Incapacity for Work) Determination 2015 specifies conditions for permanent incapacity for work, ensuring eligibility for income support supplements.

Scope and Application

The Veterans' Entitlements (Direct Deductions Arrangements) Instrument 2015, Veterans’ Entitlements (Continued Fringe Benefits) Determination 2015, and Veterans’ Entitlements (Income Support Supplement – Permanent Incapacity for Work) Determination 2015 collectively apply to veterans and their families who receive certain benefits under the Veterans’ Entitlements Act 1986. These instruments provide specific guidelines and provisions regarding the management of pension payments, eligibility for fringe benefits, and the criteria for determining permanent incapacity for work. The legislation is applicable across the Commonwealth of Australia and is administered by the Repatriation Commission. These instruments ensure that veterans and their families can continue to receive essential support and benefits in a structured and legally compliant manner. The instruments do not include specific exclusions or exemptions, but they operate within the broader framework of the Veterans’ Entitlements Act 1986, which may include other conditions or limitations.

Key Provisions

The Veterans' Entitlements (Direct Deductions Arrangements) Instrument 2015 (section 122B(5)) specifies the classes of pensions, allowances, and other pecuniary benefits under the Veterans’ Entitlements Act 1986 (VEA) from which the Repatriation Commission can make deductions at the request of the pension recipient. It also details the classes of payments to which the deductions can be applied. This allows for efficient management of financial affairs by enabling the Repatriation Commission to, for example, pay a rent bill on behalf of the pension recipient. The Veterans’ Entitlements (Continued Fringe Benefits) Determination 2015 maintains eligibility for fringe benefits for a period of approximately 12 months for ex-recipients of the invalidity service pension who are no longer permanently incapacitated for work. This period of grace allows individuals to adjust to their changed financial situation. The Veterans’ Entitlements (Income Support Supplement – Permanent Incapacity for Work) Determination 2015 sets out the criteria for being considered permanently incapacitated for work for the purposes of the invalidity income support supplement. Generally, this involves having a physical, intellectual, or psychiatric impairment assessed at a certain level and being unable to work for at least 30 hours per week due to the impairment. The Repatriation Commission is obligated to adhere to the provisions outlined in these instruments. This includes ensuring that deductions from pensions and allowances are made in accordance with the Direct Deductions Arrangements Instrument, and that fringe benefits are continued for eligible individuals under the Continued Fringe Benefits Determination. Additionally, the Commission must assess individuals for permanent incapacity for work as per the Income Support Supplement Determination. Failure to comply with these obligations could result in legal repercussions. The legislative instruments do not explicitly state specific offences, penalties, or civil/criminal consequences for breach. However, any breach of these legislative instruments could be considered non-compliance with the provisions of the Veterans’ Entitlements Act 1986, which could lead to legal actions under the relevant sections of that Act. The consequences of such breaches would depend on the nature and severity of the non-compliance, potentially including financial penalties or other legal remedies.

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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.