Veterans' Entitlements (Rehabilitation Allowance) Regulations

Veterans’ Entitlements (Rehabilitation Allowance) Regulations

Statutory Rules 1994 No. 107 as amended

made under the

Veterans’ Entitlements Act 1986

This compilation was prepared on 2 October 1998
taking into account amendments up to SR 1997 No. 173

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

 1 Citation [see Note 1] 

 2 Commencement 

 3 Purpose 

 4 Interpretation 

 5 Who is eligible? 

 6 Application not required 

 7 Assessment by Commission 

 8 Amount of assistance 

 9 Notice of Commission’s decision 

 10 Review of decisions 

 11 Cessation of operation 

Notes 

1 Citation [see Note 1]

  These Regulations may be cited as the Veterans’ Entitlements (Rehabilitation Allowance) Regulations.

2 Commencement

  These Regulations commence on 28 April 1994.

3 Purpose

  The purpose of these Regulations is:

 (a) to prescribe as circumstances in which the Commission may exercise its discretion, conferred by section 106 of the Act, to grant special assistance to a veteran or his or her dependants certain circumstances in which the veteran undertakes a program of vocational rehabilitation, and as a result he or she is, or his or her dependants are, financially disadvantaged; and

 (b) to prescribe the conditions subject to which the special assistance referred to in paragraph (a) may be granted.

4 Interpretation

  In these Regulations, unless the contrary intention appears:

income means income of all kinds, including maintenance income.

the Act means the Veterans’ Entitlements Act 1986.

5 Who is eligible?

  A person is eligible to receive special assistance, called rehabilitation allowance, if he or she is:

 (a) a veteran who:

 (i) receives:

 (A) a disability pension under section 23, 24 or 25 of the Act; or

 (B) an invalidity service pension under section 37 of the Act; and

 (ii) has undertaken a program of vocational rehabilitation approved by the Commission; or

 (b) a dependant of a veteran referred to in paragraph (a);

and his or her income has been reduced because he or she, or the veteran on whom he or she is dependent, became ineligible for payment of a pension, or eligible only for payment at a lower rate, as a result of undertaking the program.

6 Application not required

  The Commission must not require a person eligible to receive rehabilitation allowance to make any application.

7 Assessment by Commission

  The Commission must assess the circumstances of a person referred to in regulation 5 and must work out how much the person’s income was reduced because he or she, or the veteran on whom he or she is dependent, became ineligible for payment of a pension or allowance, or eligible only for payment at a lower rate, as a result of undertaking the program of rehabilitation.

8 Amount of assistance

 (1) Subject to this regulation, the Commission is to decide the amount of rehabilitation allowance to be paid to a person.

 (2) In deciding what amount is to be paid to a person, the Commission must take into account all relevant considerations, including but not limited to:

 (a) the type of pension, or combination of pensions, payable to the person, or to the veteran on whom he or she is dependent; and

 (b) the family circumstances of the person; and

 (c) if the person is a veteran — earnings from his or her remunerative activity (if any); and

 (d) if the person is a dependant of a veteran — any changes in the earnings of the person.

 (3) The Commission must not pay to a person under these Regulations an amount greater than

A – B

where:

A is the total amount of pension, allowances and benefits payable under the Act to the person before he or she, or the veteran on whom he or she is dependent, undertook the program of rehabilitation; and

B is the total amount of pension, allowances and benefits payable under the Act to the person after he or she, or the veteran on whom he or she is dependent, undertook the program of rehabilitation.

9 Notice of Commission’s decision

 (1) The Commission must give written notice of its decision under regulation 8 to the person to whom the rehabilitation allowance is payable.

 (2) A notice under subregulation (1) must include:

 (a) a copy of the Commission’s calculations; and

 (b) the reasons for the Commission’s decision.

 (3) The Commission must give written notice of its decision under subparagraph 5 (a) (ii) to the veteran who has undertaken the program of vocational rehabilitation.

 (4) A notice under subregulation (3) that relates to a decision not to approve a program of vocational rehabilitation must include the reasons for the decision.

10 Review of decisions

 (1) Application may be made to the Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975 for review of a decision of the Commission:

 (a) under subparagraph 5 (a) (ii): or

 (b) under regulation 7 or 8.

 (2) In relation to an application to the Administrative Appeals Tribunal under paragraph (1) (b), the Administrative Appeals Tribunal Act 1975 has effect as if subsection 29 (2) of that Act were omitted and the following subsections substituted:

 “(2) In relation to a decision of the Repatriation Commission under regulation 7 or 8 of the Veterans’ Entitlements (Rehabilitation Allowance) Regulations, the prescribed time for the purposes of paragraph (1) (d) is the period of 28 days commencing:

 (a) unless subparagraph (b) applies — on the day after the last day on which a person could apply to the Veterans’ Review Board under subsection 135 (5) of the Veterans’ Entitlements Act 1986 for review of the relevant pension decision; or

 (b) if a person has applied to the Veterans’ Review Board for review of the relevant pension decision — on the day on which that application for review is decided or otherwise disposed of by the Board.

 “(2A) In subsection (2), relevant pension decision means a decision of the Commission resulting in the reduction of income referred to in regulation 5 of the Veterans’ Entitlements (Rehabilitation Allowance) Regulations.”.

11 Cessation of operation

  The allowance provided for by these Regulations is not payable in respect of any period after 30 June 1998.

Notes to the Veterans’ Entitlements (Rehabilitation Allowance) Regulations

Note 1

The Veterans’ Entitlements (Rehabilitation Allowance) Regulations (in force under the Veterans’ Entitlements Act 1986) as shown in this compilation comprise Statutory Rules 1994 No. 107 amended as indicated in the Tables below.

Table of Statutory Rules

Table of Amendments