Veterans' Entitlements (Special Assistance) Amendment Regulation 2013 (No. 1)

Administered by Department of Veterans' Affairs

Legislation au F2013L00441 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2013 No. 20

Issued by the Authority of the Minister for Veterans' Affairs

 

Veterans’ Entitlements Act 1986

 

Veterans’ Entitlements (Special Assistance) Amendment Regulation 2013 (No. 1)

 

Section 216 of the Veterans’ Entitlements Act 1986 (the Act) provides that

the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which are by the Act required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Regulation (the Regulation) amends the Veterans’ Entitlements (Special Assistance) Regulations 1999 (Principal Regulations) to add the payment known as the “Clean Energy Supplement” to the payment known as the “Crisis Payment” under the Principal Regulations.

A Crisis Payment is payable to clients of the Department of Veterans’ Affairs (DVA) who are experiencing a crisis in their lives (e.g. domestic violence) and who are also in severe financial difficulty.  A Clean Energy Supplement is generally payable to DVA clients receiving income support to assist them with the rising cost of energy due to the imposition of the carbon tax. 

Adding the Clean Energy Supplement to the Crisis Payment maintains the effectiveness of the Crisis Payment by ensuring the payment contains a component to cover the energy costs of the person in need.

Details of the Regulation are set out in the Attachment.

The Regulation commences on 20 March 2013.

Consultation

No consultation with interested parties was undertaken because the proposal is benevolent (extra money) and interested parties could be expected to agree to it.

 

Retrospectivity

 

The Regulation could commence before it is registered on the Federal Register of Legislative Instruments.  If it does then for the purposes of subsection 12(2) of the Legislative Instruments Act 2003 it would not affect the rights of a person so as to disadvantage them and nor would it impose a liability on a person.

 

Human rights implications

 

The Regulation does engage an applicable right or freedom.  It relates to the right to social security.  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.

 

The Principal Regulations enable income support to be paid to people experiencing a crisis and financial distress (principal benefit).  The Regulation increases that income support to counter increased energy costs. 

 

This enhancement of the principal benefit by the Regulation 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 Regulation does not affect the qualifying conditions for the principal benefit it merely relates to the amount of the principal benefit.  Accordingly it complies with the UN Committee’s requirements.

 

Conclusion

 

The Regulation is compatible with human rights because it complements the right to social security.

Warren Snowdon

Minister for Veterans’ Affairs

Rule-Maker

 

 


        ATTACHMENT

 

 

Details of the Veterans’ Entitlements (Special Assistance) Amendment Regulation 2013 (No. 1)

Section 1 Name of Regulation

 

This section provides that the title of the Regulation is the Veterans’ Entitlements (Special Assistance) Amendment Regulation 2013 (No. 1)

Section 2 Commencement

This section provides for the Regulation to commence on 20 March 2013.

Section 3 Authority

This section advises that the Regulation is made under the Veterans’ Entitlements Act 1986

Section 4 Schedule(s)

This section provides that an instrument in the Schedule to the Regulation is amended or repealed in accordance with that Schedule.

Schedule 1 Amendments

 

Item [1]

 

This item sets out the purpose of the Principal Regulations, namely to prescribe the circumstances in which, and the conditions subject to which, the Repatriation Commission may grant assistance or benefits to a person.

 

Item [2]

 

This item has the effect of advising the reader that terms mentioned in the Principal Regulations, but not defined in the Principal Regulations, have the same meaning as in the Veterans’ Entitlements Act 1986.

Item [3]

This item replaces regulation 18.  The only change is that the amount of the crisis payment is to include an extra amount called the “additional supplement”.  The additional supplement is an amount equal to the clean energy supplement the person would receive if the person receives a service pension or, if the person does not receive a service pension, an amount equal to the clean energy supplement as if the person did receive a service pension.

The clean energy supplement is added to a person’s service pension under Module BB of the Rate Calculator in Part 2 of Schedule 6 to the Act.

Overview

The Veterans’ Entitlements (Special Assistance) Amendment Regulation 2013 (No. 1) was enacted to address the rising costs of energy faced by clients of the Department of Veterans' Affairs who are already in severe financial difficulty and experiencing a crisis. This regulation was issued under the authority of the Minister for Veterans' Affairs and amends the Veterans’ Entitlements (Special Assistance) Regulations 1999. The primary policy objective of this regulation is to enhance the Crisis Payment by including the Clean Energy Supplement, ensuring that the payment remains effective in covering essential costs such as energy expenses, thereby supporting the right to social security under the International Covenant on Economic, Social and Cultural Rights. The regulation does not require consultation as it is viewed as a benevolent measure that beneficiaries would likely support. It is designed to be non-retroactive in terms of disadvantaging individuals or imposing liabilities. Furthermore, the regulation aligns with human rights by supplementing the principal benefit without altering the qualifying conditions, thus complying with the requirements set by the UN Committee on Economic, Social and Cultural Rights. The Clean Energy Supplement is added to the Crisis Payment to mitigate the impact of rising energy costs, ensuring that the overall support provided remains adequate for the needs of veterans in crisis.

Scope and Application

The Veterans’ Entitlements (Special Assistance) Amendment Regulation 2013 (No. 1) applies to clients of the Department of Veterans’ Affairs (DVA) who are in receipt of income support payments and are experiencing a crisis, such as domestic violence, while also facing severe financial difficulties. This regulation modifies the Veterans’ Entitlements (Special Assistance) Regulations 1999 by incorporating the Clean Energy Supplement into the Crisis Payment, ensuring that the latter adequately addresses the increased energy costs faced by recipients due to the carbon tax. The amendment does not alter the eligibility criteria for the Crisis Payment but instead modifies the amount of the payment to include the Clean Energy Supplement, thus enhancing the support provided to veterans in crisis. The regulation is applicable on a national level in Australia and is intended to be in line with the country's obligations under the International Covenant on Economic, Social and Cultural Rights, particularly in enhancing the right to social security.

Key Provisions

The Veterans’ Entitlements (Special Assistance) Amendment Regulation 2013 (No. 1) introduces significant changes to the existing Veterans’ Entitlements (Special Assistance) Regulations 1999. Specifically, this Regulation amends the crisis payment scheme to include an additional payment known as the Clean Energy Supplement. This is detailed in Section 4 of the Regulation (Section 4) which outlines the Schedule of amendments. The amendment to Regulation 18 introduces the Clean Energy Supplement into the Crisis Payment, effectively combining these two payments to provide a more comprehensive financial support to veterans in crisis (Item [3]). Under the amended regulations, the obligation on the Department of Veterans' Affairs (DVA) is to ensure that eligible veterans who are experiencing a crisis and severe financial difficulty receive both the Crisis Payment and the Clean Energy Supplement. This obligation extends to accurately calculating and disbursing the combined amount as specified in the new regulation. The DVA must ensure that the additional supplement is calculated based on whether the veteran receives a service pension or not, and that the Clean Energy Supplement is included in the Crisis Payment accordingly (Item [3]). Failure to comply with these regulations could result in legal consequences for the DVA. While the Explanatory Statement does not detail specific penalties for non-compliance, breaches of regulations governing the disbursement of government benefits can typically lead to administrative or judicial review, and potential financial penalties or corrective actions. The emphasis on the benevolent nature of the proposal suggests that the primary concern is the proper implementation and not punitive measures. However, ensuring compliance remains crucial to avoid any legal or reputational damage. Human rights implications are also considered within the context of these amendments. The addition of the Clean Energy Supplement is framed as an enhancement to the right to social security, ensuring that veterans in crisis receive adequate support to meet essential needs. This aligns with Australia's obligations under the International Covenant on Economic, Social and Cultural Rights, which requires reasonable, proportionate, and transparent qualifying conditions for benefits. The Regulation's focus on the amount rather than the conditions of benefit eligibility supports its compatibility with these human rights standards.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.