Veterans’ Entitlements (DFISA–like Payment) Repeal Regulation 2015

Overview

The Veterans’ Entitlements (DFISA-like Payment) Repeal Regulation 2015 was enacted under the authority of the Minister for Veterans’ Affairs to repeal the Veterans’ Entitlements (DFISA-like Payment) Regulations 2005. This repeal was necessitated by the re-making of these regulations as the Veterans’ Entitlements (DFISA-like Payment) Regulation 2015, thereby neutralising the effect of the repeal. This legislative instrument is grounded in the Veterans’ Entitlements Act 1986, which empowers the Governor-General to make regulations necessary for carrying out or giving effect to the Act. Although the repeal regulation addresses the same issue as the re-made regulations, its impact on human rights, specifically the Right to Social Security under the International Covenant on Economic, Social and Cultural Rights, is considered negligible as the repealed instrument was promptly re-made. The regulation is designed to ensure that individuals who receive an adjusted disability pension from the Department of Veterans' Affairs, which is assessed as income for the ABSTUDY Living Allowance, do not lose out on their entitled income support.

Scope and Application

The Veterans’ Entitlements (DFISA-like Payment) Repeal Regulation 2015 applies to the Veterans' Entitlements Act 1986, specifically targeting the DFISA-like payments that were previously regulated under the Veterans' Entitlements (DFISA-like Payment) Regulations 2005. This Act primarily concerns veterans and their families who are eligible for certain benefits and payments under the Australian Government's veteran's affairs scheme. The repeal of the 2005 regulations was intended to streamline the legislative framework governing these payments, although the subsequent re-making of similar regulations under the 2015 regulation neutralised the effect of the repeal. The application of this Act is national, as it is a Commonwealth instrument, affecting all veterans and their families across Australia. There are no stated exclusions or thresholds in the text, but the scope is inherently limited to those eligible for DFISA-like payments as defined by the Act and subsequent regulations. The regulation may extend or restrict its application through subordinate instruments, although no such details are provided in the explanatory statement.

Key Provisions

The Veterans’ Entitlements (DFISA-like Payment) Repeal Regulation 2015, issued under Section 216 of the Veterans’ Entitlements Act 1986, primarily serves to repeal the Veterans’ Entitlements (DFISA-like Payment) Regulations 2005. This repeal was enacted because the 2005 regulations were re-made as the Veterans’ Entitlements (DFISA-like Payment) Regulation 2015, effectively neutralizing the impact of the repeal. The Regulation outlines specific details of this repeal, which are detailed in the attached instrument. Entities governed by this Act, particularly those involved in the administration and disbursement of veterans' entitlements, are required to ensure compliance with the new Regulation. This includes updating internal systems and processes to reflect the repealed 2005 regulations and any subsequent changes implemented in the 2015 regulations. All relevant stakeholders, including veterans and their representatives, should be informed of these changes to ensure transparency and compliance. The Regulation does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance. However, given the nature of the Act and the critical role it plays in providing social security to veterans, failure to comply with the provisions of this Regulation could potentially lead to legal repercussions under the broader Veterans’ Entitlements Act 1986. This could include penalties for administrative errors or failure to provide rightful entitlements, though the exact penalties would be determined in accordance with the overarching legislation. The human rights implications of this Regulation are also considered, specifically in relation to the Right to Social Security as outlined in the International Covenant on Economic, Social and Cultural Rights. While the repealed instrument enabled a compensation payment to individuals who lost out on the ABSTUDY Living Allowance due to their adjusted disability pension being assessed as income, the re-making of these regulations neutralizes any potential impact on this human right. As such, the Regulation is deemed compatible with the human right to social security.