Veterans' Entitlements (Rehabilitation Allowance) Regulations (Amendment) 1997 No. 173
EXPLANATORY STATEMENT
Statutory Rules 1997 No. 173
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 veterans who participate in the Scheme and their partners. They set out how the allowance is to be calculated and assessed.
The rehabilitation allowance is intended to defray any reduction in pension income and to supplement a veterans' work income. It also provides an incentive for a veteran to remain in paid employment.
To be eligible for the payment a veteran must undertake a vocational rehabilitation program approved by the Repatriation Commission. The veteran must also have either ceased to be eligible for invalidity service pension, and the veterans' 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 program. Regulation 11 had earlier provided that rehabilitation allowance was not payable in respect of any period after 31 December 1995. A sunset clause was then inserted into Regulation 11 to come into effect on 1 January 1996. This was extended to 30 June 1997.
The permanent Scheme has now been developed, and is in the form of a disallowable statutory instrument that will be tabled before Parliament provided the primary legislation providing for the Scheme receives the Royal Assent. The Veterans' Affairs Legislation Amendment (199697 Budget and Other Measures) Bill 1997 is presently before the Senate but it is not certain whether it will be passed before 30 June 1997.
Regulation 11 has been amended to extend the end date for payment of rehabilitation allowance from 30 June 1997 to 30 June 1998. This will protect the benefits of the veterans currently participating in the temporary Scheme. It is intended to recommend that the Regulations be repealed when the permanent Scheme commences.
The proposed Regulations would commence on 1 July 1997.
The Minute recommends that the Regulations be made in the form proposed.
Authority: Section 216 of the Veterans' Entitlements Act 1986
Overview
The Veterans' Entitlements (Rehabilitation Allowance) Regulations (Amendment) 1997 No. 173 were introduced to address the impending expiration of the rehabilitation allowance for veterans participating in the vocational rehabilitation program. Enacted under the authority of the Minister for Veterans' Affairs and pursuant to Section 216 of the Veterans' Entitlements Act 1986, these regulations were designed to ensure continuity in support for eligible veterans who were midway through the pilot vocational rehabilitation scheme. The policy objective of the amendment was to extend the payment of rehabilitation allowances beyond the initial expiration date, thereby protecting the benefits of veterans currently engaged in the program until a permanent scheme could be established and the relevant primary legislation passed. This legislative measure aimed to provide a temporary extension until 30 June 1998, pending the outcome of the Veterans' Affairs Legislation Amendment (1996-97 Budget and Other Measures) Bill 1997.
Scope and Application
The Veterans' Entitlements (Rehabilitation Allowance) Regulations (Amendment) 1997 No. 173 applies to veterans who are participating in or have participated in the vocational rehabilitation program administered by the Repatriation Commission, as well as their partners. These Regulations amend the existing Rehabilitation Allowance to extend the period for which the allowance can be paid. The Regulations operate under the authority of the Veterans' Entitlements Act 1986, and are subject to the approval of the Governor-General. The jurisdiction of these Regulations is national, applying across Australia, and they are effective as a statutory rule issued under the Commonwealth. The amendments made by this instrument extend the payment period of the rehabilitation allowance from 30 June 1997 to 30 June 1998 to safeguard the benefits of current participants in the temporary Scheme. This extension is contingent on the passage of the Veterans Affairs Legislation Amendment (1996-97 Budget and Other Measures) Bill 1997, which is currently before the Senate.
Key Provisions
The Veterans' Entitlements (Rehabilitation Allowance) Regulations (Amendment) 1997 No. 173 modifies the original Regulations to extend the period for which rehabilitation allowances can be paid. Under the original Regulations (section 11), these allowances were not payable after 30 June 1997. The amendment extends this period to 30 June 1998, ensuring that veterans currently engaged in the vocational rehabilitation program can continue to receive support without interruption. This extension is crucial for maintaining the integrity of the program and ensuring that those who have invested time and effort into their rehabilitation are not disadvantaged by an abrupt cessation of support.
The amended Regulations impose several obligations on the parties involved. Firstly, eligible veterans must actively participate in a vocational rehabilitation program approved by the Repatriation Commission. Secondly, they must meet specific eligibility criteria, such as having ceased to be eligible for certain pensions or having only a reduced rate of disability pension. Additionally, the Regulations mandate that the Repatriation Commission accurately calculate and assess the rehabilitation allowance based on the veteran's participation and any income from employment. Compliance with these requirements is essential for both the veteran and the Commission to ensure the proper administration and distribution of the allowance.
Failure to comply with the provisions of these Regulations can lead to significant consequences. While the specific offences and penalties are not detailed in the provided text, it is clear that any breaches of the Regulations could result in legal action. Typically, non-compliance might lead to civil penalties, such as fines, or in more severe cases, criminal charges. The maximum penalties for such breaches would depend on the specific nature of the offence and the jurisdiction's laws at the time. It is essential for all parties involved to understand and adhere to the Regulations to avoid any legal repercussions.