Veterans' Entitlements (Rehabilitation Allowance) Regulations (Amendment) 1995 No. 294
EXPLANATORY STATEMENT
Statutory Rules 1995 No. 294
Issued by the Authority of the Minister for Veterans' Affairs
Veterans' Entitlements Act 1986
Veterans' Entitlements (Rehabilitation Allowance) Regulations (Amendment)
Section 106 of the Veterans' Entitlements Act 1986 (the Act) allows the Repatriation Commission to provide special assistance to veterans and their dependants as it prescribes. Section 216 of the Act provides that the Governor-General may make Regulations for the purposes of the Act.
In April 1993 the Repatriation Commission developed a pilot vocational rehabilitation scheme for veterans. The Veterans' Entitlements (Rehabilitation Allowance) Regulations (the regulations) were approved on 28 April 1994. The Regulations provide for payment of a rehabilitation allowance to eligible participants in the scheme and set out how that allowance is to be calculated and assessed. The rehabilitation allowance is intended to defray any reduction in pension income and to supplement a veteran's work income. It also provides an incentive for a veteran to remain in paid employment.
The Regulations provide for the payment of a rehabilitation allowance to a veteran and the veteran's dependants where the veteran undertakes a vocational rehabilitation program approved by the Repatriation Commission. To be eligible for the payment the veteran must also have either ceased to be eligible for invalidity service pension, and the veteran's partner have ceased to be eligible for partner service pension, or the veteran must have ceased to be eligible for disability pension or only be eligible for a reduced rate of disability pension.
The Regulations were designed as a short term measure to address the immediate needs of the participants in the pilot vocational rehabilitation program. A sunset clause was therefore inserted into the Regulations to come into effect on 1 January 1996. Regulation 11 previously provided that rehabilitation allowance is not payable in respect of any period after 31 December 1995.
The Repatriation Commission has now agreed in principle to the establishment of a permanent vocational rehabilitation scheme. The permanent scheme cannot be introduced before 31 December 1995 and will take some time to be developed. In the meantime the Commission is commencing three further pilot vocational rehabilitation programs. An extension of the sunset provision was therefore necessary to protect the benefits being received by veterans Who participated in the first program as well as the benefits to be received by veterans who will participate in the other three programs.
Regulation 11 has been amended to extend the end date for payment of rehabilitation allowance from 31 December 1995 to 30 June 1997. This should provide the Commission with sufficient time to develop and introduce the permanent vocational rehabilitation scheme.
The Regulations commenced on the date of Gazettal.
Overview
The Veterans' Entitlements (Rehabilitation Allowance) Regulations (Amendment) 1995 No. 294, issued under the authority of the Minister for Veterans' Affairs, amends the existing regulations to extend the period for the payment of rehabilitation allowances to veterans participating in vocational rehabilitation programs. The original regulations, approved in April 1994, were designed as a short-term measure to support veterans in the initial pilot vocational rehabilitation scheme, with a sunset clause set for 31 December 1995. The amendments were introduced to allow for the continuation of benefits for participants in the initial program and to accommodate three additional pilot programs while the Repatriation Commission develops a permanent vocational rehabilitation scheme. This extension, which sets the new end date for payments at 30 June 1997, aims to provide sufficient time for the establishment of the permanent scheme, ensuring that affected veterans maintain their entitlements during the transition period.
Scope and Application
The Veterans' Entitlements (Rehabilitation Allowance) Regulations (Amendment) 1995 No. 294, issued under the authority of the Minister for Veterans' Affairs, amends the existing Regulations to extend the timeframe for the payment of rehabilitation allowances to veterans who participate in vocational rehabilitation programs. These Regulations apply to veterans who have ceased to be eligible for certain pensions or are only eligible for a reduced rate of disability pension, and who undertake an approved vocational rehabilitation program. The amended Regulations extend the sunset clause from 31 December 1995 to 30 June 1997, allowing for the continuation of benefits to those already participating in the pilot program as well as those who will join the new pilot programs, until a permanent vocational rehabilitation scheme can be established and implemented. The Regulations, which commenced on the date of their gazettal, are made under the authority of the Veterans' Entitlements Act 1986 and serve to provide a transitional measure while the Repatriation Commission develops the permanent scheme.
Key Provisions
The main provisions of the Veterans' Entitlements (Rehabilitation Allowance) Regulations (Amendment) 1995 No. 294, as referenced in section 216 of the Veterans' Entitlements Act 1986, extend the sunset clause for the payment of a rehabilitation allowance. Initially, the regulations (Regulation 11) stipulated that the allowance would not be payable after 31 December 1995. However, the amendment has extended this period to 30 June 1997. This extension is intended to accommodate the transition from the initial pilot vocational rehabilitation program to the establishment of a permanent scheme, ensuring continuity of support for participating veterans.
Under these amended regulations, eligible participants in the vocational rehabilitation programs are those veterans who have ceased to be eligible for certain pensions, such as invalidity service pension, partner service pension, or disability pension, or have only qualified for a reduced rate of disability pension. The regulations also extend the allowance to the veteran's dependants. To receive the rehabilitation allowance, the veteran must be participating in a vocational rehabilitation program approved by the Repatriation Commission. This allowance serves to offset any reduction in pension income and to supplement the veteran’s work income, thereby encouraging continued employment.
The obligations imposed by the regulations primarily fall on the Repatriation Commission, which must approve vocational rehabilitation programs and assess eligibility for the rehabilitation allowance. Veterans must participate in these approved programs to qualify for the allowance. Additionally, the Commission must ensure that payments are made in accordance with the specified timelines and conditions outlined in the regulations.
Breach of these regulations may have civil and criminal consequences, although specific offences, penalties, or consequences are not detailed in the text. Typically, non-compliance with veterans' entitlements regulations could result in penalties such as fines or other legal actions, depending on the severity and nature of the breach. The exact penalties would be defined in the broader legislative context, but they serve to ensure adherence to the provisions designed to support veterans and their dependants.