EXPLANATORY STATEMENT
Veterans' Entitlements Treatment (Veterans' Home Care - Veterans' Dependants) Determination 7/2001.
The attached Determination is about ensuring certain home-services continue to be delivered to the family home despite the absence from the home, due to death or illness, of the person primarily eligible to receive those services.
The services in question are "domestic assistance" and "home and garden maintenance" (Veterans' Home Care Services).
Veterans' Home Care Services are primarily provided to a veteran or the veteran's widow(er) (original beneficiaries). However the nature of the services are such that they benefit the home generally. Accordingly other people in the home, such as children, benefit from the services albeit they are not, but for this Determination, eligible for those services.
In cases where the primary beneficiary dies or must leave the family home to seek treatment, it seemed harsh, to the Repatriation Commission, that services to the home had to be immediately discontinued.
While a veteran's widow(er) or even the veteran's child might ultimately become eligible for the services in their own right, nevertheless there would be an inevitable delay before that eligibility could be confirmed.
Also, it may be that the veteran's widow(er) or child might not be eligible for the services in their own right and might need to seek similar services under the Home And Community Care program (HACC). Again, there could be a delay before the relevant services are forthcoming.
The attached Determination will enable interim domestic assistance or home and garden maintenance (treatment) to be provided to, generally speaking, the people remaining in the family home provided those people are dependants or former dependants of the veteran.
The dependants or former dependants of the veteran who are eligible for the relevant services are:
- a partner of the veteran;
- a widow or widower of the veteran;
- a former child of the veteran (being a former child with a serious disability);
- a former child of the veteran who was a full-time carer of the veteran
or of the veteran's widow(er) immediately prior to the death of the veteran or his or her widow(er) or who was a full-time carer of the veteran or of the veteran's widow(er) immediately prior to the veteran or his or her widow(er) departing the home for treatment.
It should be noted that under the Veterans' Entitlements Act 1986 a child of a veteran is a person who has not turned 16 or, if a student, has not turned 25. Accordingly a child of a veteran who has turned 16 or 25, as the case may be, is a former child of the veteran. Widows, widowers, and children of veterans are dependants of the veteran.
The legal basis for the Determination is paragraphs 88A(1)(b) and (c) of the Veterans' Entitlements Act 1986 which enable the Repatriation Commission to provide treatment to current and former dependants of veterans.
The fact that the Determination would take effect before gazettal does not cause the Determination to be ineffective by virtue of subsection 48(2) of the Acts Interpretation Act 1901 because the rights of a person at gazettal would not be affected so as to disadvantage the person nor will a liability be imposed on any person in respect of anything done or omitted to be done before gazettal. The Determination is beneficial legislation.
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Repatriation Commission
Overview
The Veterans' Entitlements Treatment (Veterans' Home Care - Veterans' Dependants) Determination 2001, enacted by the Repatriation Commission, was introduced to address the issue of maintaining home care services for veterans' families during periods when the primary beneficiary is absent due to death or illness. This Determination ensures that domestic assistance and home and garden maintenance services continue to benefit the family home, particularly the dependants or former dependants of the veteran, thereby preventing an immediate cessation of these essential services. The policy objective is to provide interim care to those remaining in the family home, ensuring continuity and support for the veteran's family during times of need, without waiting for the next eligible family member to be confirmed or for alternative services to be arranged.
Scope and Application
The Veterans' Entitlements Treatment (Veterans' Home Care - Veterans' Dependants) Determination 7/2001 applies to the family home of a veteran or their widow(er), ensuring that domestic assistance and home and garden maintenance services continue to be delivered despite the absence of the primary beneficiary due to death or illness. This Determination is applicable to the dependants or former dependants of the veteran, including the veteran's partner, widow or widower, child, and former child with a serious disability or who was a full-time carer of the veteran or the veteran's widow(er) immediately prior to the veteran or their widow(er) departing the home for treatment. The geographic and jurisdictional reach of this Determination is within the Commonwealth of Australia, as it is an instrument made under the Veterans' Entitlements Act 1986. The Determination does not apply to individuals who are not dependants or former dependants of a veteran. The Determination extends its application to provide treatment to current and former dependants of veterans under paragraphs 88A(1)(b) and (c) of the Veterans' Entitlements Act 1986. The Determination took effect before gazettal, but it does not cause the Determination to be ineffective due to subsection 48(2) of the Acts Interpretation Act 1901, as the rights of a person at gazettal would not be affected so as to disadvantage the person nor will a liability be imposed on any person in respect of anything done or omitted to be done before gazettal.
Key Provisions
The Veterans' Home Care - Veterans' Dependants Determination 2001 (Determination) primarily aims to ensure the continuity of domestic assistance and home and garden maintenance services in the family home, even when the primary beneficiary, typically a veteran or their widow(er), is absent due to death or illness. This Determination applies to the family home and allows for these services to be extended to other eligible family members who remain in the home (section 2). The key beneficiaries under this Determination include the veteran's partner, widow(er), child, or former child with a serious disability or who was a full-time carer of the veteran or their widow(er) (section 3). Notably, a child of a veteran becomes a former child upon turning 16 or 25, if still studying.
The Determination imposes specific obligations on the Repatriation Commission to provide the aforementioned services to eligible dependants or former dependants of the veteran. The Commission must ensure that these services are delivered to those who remain in the family home and who qualify as dependants or former dependants. This includes verifying the eligibility of the individuals remaining in the home and ensuring that the services continue uninterrupted during the period of absence of the primary beneficiary (section 4).
Any failure to comply with the provisions of the Determination could result in legal consequences, although the Determination itself does not explicitly state any specific offences, penalties, or consequences for non-compliance. However, under the Veterans' Entitlements Act 1986, any actions taken in contravention of the Act's provisions could potentially lead to civil or criminal penalties as determined by the applicable laws. Given the nature of the Determination as beneficial legislation, the primary focus is on ensuring that the rights of the eligible dependants are protected without causing any disadvantage to them.