EXPLANATORY STATEMENT
Veterans’ Entitlements (Continued Fringe Benefits) Determination 2025
EMPOWERING PROVISION
The Repatriation Commission makes this instrument under subsections 53B(1) and (2) of the Veterans’ Entitlements Act 1986 (the Act).
PURPOSE
This instrument repeals the Veterans’ Entitlements (Continued Fringe Benefits) Determination 2015 and remakes it before it would otherwise sunset on 1 October 2025.
OVERVIEW
Under subsection 53A(1) of the Act, a person receiving a service pension or income support supplement under the Act is eligible for fringe benefits. Fringe benefits can be defined as any assistance towards purchasing goods or services from a third party at a concessional rate not available to the general public.
If the person ceases to be eligible for the primary pension or supplement (for example, because they cease to be permanently incapacitated for work), they normally cease to be eligible for fringe benefits at the same time.
This instrument is made under section 53B of the Act. It enables a person who has capacity for some work to maintain eligibility for fringe benefits for a further period, instead of ceasing immediately This grace period assists a person to adjust to a changed financial situation, where they would otherwise no longer be eligible for fringe benefit concessions.
EXPLANATION OF PROVISIONS
Section 1 states the name of the instrument.
Section 2 provides the commencement of this instrument.
Section 3 sets out the authority for the making of the instrument.
Section 4 repeals the Veterans’ Entitlements (Continued Fringe Benefits) Determination 2015 (the repealed instrument).
Section 5 provides definitions.
Section 6 provides the eligibility criteria for the continuation of fringe benefits in certain circumstances. The effect of section 6 is that a person’s eligibility for fringe benefits is maintained for a further period if the person:
- was receiving an invalidity service pension;
- ceased to be eligible for that pension because they ceased to be permanently incapacitated for work; and
- has capacity to work for more than 8 hours per week, and that capacity is likely to continue.
The period can be up to 12 months, but ends sooner if their capacity to work ends.
Section 6 will operate in the same way as the repealed instrument.
Consultation
No specific consultation has occurred as there are no changes affecting the operation of the repealed instrument. Fringe benefits will continue to be available in the same circumstances, to the same people.
Human rights implications
This instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment A.
Making the instrument
The instrument is made by the Repatriation Commission.
Approved by
Repatriation Commission
Rule-maker
Attachment A
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Veterans’ Entitlements (Continued Fringe Benefits) Determination 2025
This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (the recognised rights).
Overview of the Disallowable Legislative Instrument
The Veterans’ Entitlements (Continued Fringe Benefits) Determination 2025 repeals the Veterans’ Entitlements (Continued Fringe Benefits) Determination 2015 and remakes it before it would otherwise sunset on 1 October 2025.
Under subsection 53A(1) of the Act, a person receiving a service pension or income support supplement under the Act is eligible for fringe benefits. Fringe benefits can be defined as any assistance towards purchasing goods or services from a third party at a concessional rate not available to the general public.
If the person ceases to be eligible for the primary pension or supplement (for example, because they cease to be permanently incapacitated for work), they normally cease to be eligible for fringe benefits at the same time.
This instrument is made under section 53B of the Act. It enables a person who has capacity for some work to maintain eligibility for fringe benefits for a further period, instead of ceasing immediately. This grace period assists a person to adjust to a changed financial situation, where they would otherwise no longer be eligible for fringe benefit concessions.
Human rights implications
This legislative instrument promotes the right to social security in article 9 of the International Covenant on Economic Social and Cultural Rights by providing an extended period of eligibility for fringe benefits.
Conclusion
This legislative instrument is compatible with the right to social security.
Repatriation Commission
Rule-Maker