EXPLANATORY STATEMENT
Veterans’ Entitlements (Multiple Entitlement Exclusion) Determination 2026
EMPOWERING PROVISION
The Repatriation Commission (the Commission) makes this instrument under subsection 65A(1) of the Veterans’ Entitlements Act 1986 (the Act).
PURPOSE
The Veterans’ Entitlements (Multiple Entitlement Exclusion) Determination 2026 repeals the Veterans’ Entitlements (Multiple Entitlement Exclusion) Determination 2024 (the repealed instrument).
The determination provides the circumstances where a veteran is not entitled to an energy supplement under sections 62A, 62B and 118PA of the Act. It is intended to avoid double payments of energy supplement benefits.
BACKGROUND
On 1 July 2026, the Veterans’ Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (the VETS Act) introduces the Additional Disablement Amount (the ADA) into the Military, Rehabilitation and Compensation Act 2004 (MRCA). A person entitled to an energy supplement under section 62A of the Act may also be entitled to the ADA under the MRCA. Where a person is entitled to the ADA under the MRCA, section 220D of the MRCA provides that an energy supplement may be payable.
The instrument remakes the repealed instrument to ensure that individuals receiving an energy supplement under section 220D of the MRCA do not also receive an energy supplement under section 62A of the Act. This is to avoid payment of double benefits because of the dual entitlements following the introduction of the ADA into the MRCA, to which this instrument provides an exclusion.
OVERVIEW
Subsection 65A(1) of the Act provides that the Commission may by legislative instrument determine circumstances in which a person is not to be entitled to a “clean energy bonus” under the Act. Section 5Q of the Act defines a clean energy bonus to include an energy supplement. Relevantly, subsection 65A(1) of the Act requires that the prescribed circumstances must relate to a person’s entitlement under the Act or the MRCA.
The instrument provides that an energy supplement under sections 62A, 62B or 118PA of the Act is not payable for a day if the person is entitled to an energy supplement on that same day, under sections 83A, 209A or 220D of the MRCA. This means a person is not entitled to be paid an energy supplement under subsection 62A(2) of the Act for a day if they received on the payment day a pension under Part II or IV and is paid an energy supplement for the day:
- under section 83A of the MRCA; or
- under section 209A of the MRCA; or
- under section 220D of the MRCA.
This instrument also provides that a person is not entitled to be paid an energy supplement under subsection 62B(2) of the Act for a day, if the person is paid an energy supplement for the day under section 238A of the MRCA.
Further, a person is not entitled to be paid an energy supplement under section 118PA of the Act for a day if the person is paid an energy supplement for the day under subsection 62B(2) of the Act or section 238A of the MRCA.
EXPLANATION OF PROVISIONS
Section 1 states the name of the instrument.
Section 2 provides that the instrument commences on 1 July 2026.
Section 3 sets out the authority for the Commission to make the instrument, namely subsection 65A(1) of the Act.
Section 4 repeals the repealed instrument.
Section 5 provides the definitions.
Section 6 provides that a person is not entitled to an energy supplement for a particular day under Section 62A of the Act, if the person is already entitled to an energy supplement for that day under sections 83A, 209A or 220D of the MRCA.
Section 7 provides that a person is not entitled to an energy supplement under section 62B of the Act for a particular day, if the same person is already entitled to an energy supplement for that particular day under section 238A of the MRCA.
Section 8 provides that a person is not entitled to an energy supplement under section 118PA of the Act for a particular day, if the same person is already entitled to an energy supplement for that particular day under section 62B of the Act or section 238A of the MRCA.
Consultation
In respect of the VETS Act, the Department of Veterans’ Affairs undertook extensive consultation with stakeholders, including three rounds of public consultation on the simplification and harmonisation of veterans’ portfolio legislation. The outcome of this process produced strong support from veterans, ex-service organisations and other stakeholders and informed the pathway to establish the Act as the sole, ongoing scheme for veterans’ compensation and rehabilitation from 1 July 2026. This included that the new ADA be provided for under the Act from 1 July 2026. This supports a harmonised and integrated system for the provision of compensation under a single, ongoing Act into the future.
Further consultation specific to this instrument was deemed unnecessary, because the policy enabled by the instrument otherwise replicates the repealed instrument to ensure a continuation of the existing policy upon the commencement of the VETS Act on 1 July 2026.
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.
Conclusion
The instrument is compatible with human rights because it does not reduce the right to social security but merely ensures the right is exercised appropriately and not used for unintended extra benefits. The conditions the instrument imposes on the relevant entitlement in this regard are considered fair and reasonable in the policy context.
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 (Multiple Entitlement Exclusion) Determination 2026
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 (Multiple Entitlement Exclusion) Determination 2026 (the Instrument) repeals the Veterans’ Entitlements (Multiple Entitlement Exclusion) Determination 2024 (the repealed instrument) and makes a new instrument in similar terms. The Instrument is made by the Repatriation Commission (the Commission) under subsection 65A(1) of the Veterans’ Entitlements Act 1986 (the Act).
The Veterans’ Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (the VETS Act) introduces a new energy supplement for those in receipt of the Additional Disablement Amount under section 220D of the Act.
The instrument provides that a veteran is not entitled to an energy supplement under subsection 65A(1) of the Veterans Entitlements Act 1986 (the Act) if they are entitled to an energy supplement under section 220D of the Military, Rehabilitation and Compensation Act 2004 (the MRCA). The instrument otherwise continues the policy enabled by the repealed instrument by ensuring veterans in receipt of an energy supplement under sections 209A and 220D of the MRCA are not entitled to an energy supplement under section 62A of the Act.
Human rights implications
The instrument does engage an applicable right or freedom. It relates to the right to social security. The right to social security is contained in Article 9 of the International Covenant on Economic Social and Cultural Rights (ICESCR). The right to social security requires, among other things, the right to a minimum essential level of benefits for all individuals and families that will enable them to acquire at least essential health care, basic shelter and housing, water and sanitation, foodstuffs, and the most basic forms of education.
This compensation is intended to enable people with limited means to continue to have adequate access to essential services and would be in accordance with Australia’s social security obligations under the International Covenant on Economic, Social and Cultural Rights.
The UN Committee on Economic Social and Cultural Rights has stated that qualifying conditions for benefits must be reasonable, proportionate and transparent.
The attached instrument satisfies these criteria. It ensures that people do not receive dual entitlements where only one entitlement is intended. There is no scope for the exercise of a discretion under the instrument, as the conditions are prescriptive.
Conclusion
The instrument is compatible with human rights because where it engages the right to social security, the conditions provided in the instrument are reasonable, proportionate and transparent by ensuring that veterans do not receive dual entitlements.
Repatriation Commission
Rule-Maker