EXPLANATORY STATEMENT
Veterans’ Entitlements (Weekly Payments—Class of Persons) Instrument 2026
EMPOWERING PROVISION
The Repatriation Commission (the Commission) makes this instrument under subsections 58A(3C) and 121(5C) of the Veterans' Entitlements Act 1986 (the Act).
PURPOSE
The Veterans’ Entitlements (Weekly Payments—Class of Persons) Instrument 2026 (the instrument) repeals the Veterans’ Entitlements (Weekly Payments—Class of Persons) Instrument 2021 (the repealed instrument). The instrument specifies the class of persons who may agree to receive certain payments under the Act weekly, rather than fortnightly.
BACKGROUND
The Veterans’ Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (the VETS Act) repeals sections 102, 117 and Part VIB of the Act on 1 July 2026. These provisions relate to the decoration allowance, the Veterans’ Children Education Scheme (the VCES) and the prisoner of war recognition supplement. The repealed instrument provides that the decoration allowance, the VCES education allowance and the prisoner of war recognition supplement are approved payments under the Act for which a person may request to be paid weekly, rather than fortnightly.
As these payments are no longer provided for under the Act from 1 July 2026, the repealed instrument has been remade to remove references to those payments. The instrument sets out new transitional provisions relating to the decoration allowance and the prisoner of war recognition supplement.
OVERVIEW
Subsections 58A(3A) and 121(5A) of the Act allow the Commission to determine that the total amount of pension payable fortnightly to a person is instead payable to the person in two weekly payments, if the person is a member of a class specified under subsections 58A(3C) and 121(5C) of the Act.
The instrument specifies the class of persons who may be paid weekly, being a person who:
- is an Australian resident living in Australia;
- is receiving an approved payment;
- has identified themselves as:
- not having access to safe and secure housing;
- using emergency accommodation;
- a refugee; or
- financially vulnerable and significantly disadvantaged.
- has voluntarily agreed to be paid weekly as required under the Act and has not revoked or withdrawn that agreement.
The instrument is intended to provide financially vulnerable veterans with additional support by allowing the option of receiving approved payments under the Act weekly instead of fortnightly. A veteran choosing this option does not change the total amount paid to them.
The removal of the references to the decoration allowance, the VCES and the prisoner of war recognition supplement as approved payments under the instrument, is administrative in nature and addresses changes to the Act brought about by the VETS Act on 1 July 2026.
The decoration allowance and the prisoner of war recognition supplement are transferred to the Military Rehabilitation and Compensation Act 2004 (the MRCA) on 1 July 2026. The VCES and associated allowances have been consolidated under the Military Rehabilitation and Compensation Act Education and Training Scheme.
The instrument contains new transitional provisions to clarify that the decoration allowance is an approved payment under the instrument if it is paid under the Act for the pension period that commenced before 1 July 2026 and ends on or after 1 July 2026. Transitional provisions also clarify that prisoner of war recognition supplement is an approved payment if, immediately before 1 July 2026, the prisoner of war recognition supplement was being paid to a person under the Act, and payment is within a fortnight ending before or within the transfer fortnight, or a later fortnight. These address consequential and transitional issues brought about by the VETS Act, including amendments to sections 108 and 109 of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 (the MRCA CATP Act).
The approved payments prescribed in the instrument for which a veteran may request to be paid weekly rather than fortnightly are:
- attendant allowances;
- clothing allowances;
- pension payable under Part II or IV of the Act at a rate determined under or by reference to Division 4 of Part II of the Act;
- energy supplement;
- income support supplement;
- loss of earnings allowance;
- orphan’s pension;
- pension supplement;
- recreation transport allowances;
- service pension;
- veteran payment;
- veterans supplement;
- war widows pension.
EXPLANATION OF PROVISIONS
Section 1 states the name of the instrument.
Section 2 provides that the instrument commences on 1 July 2026.
Section 3 sets out the authority for the Repatriation Commission making the instrument, namely subsections 58A(3C) and 121(5C) of the Act.
Section 4 repeals the repealed instrument.
Section 5 sets out the definitions used in this instrument. It provides the definitions the ‘approved payments’ for the purposes of section 6 of the instrument.
Section 6 sets out the approved class of persons for subsections 58A(3A) and 121(5A) of the Act, being a person who:
- is an Australian resident living in Australia;
- is receiving an approved payment;
- has identified themselves as:
- not having access to safe and secure housing;
- using emergency accommodation;
- a refugee; or
- financially vulnerable and significantly disadvantaged.
- has voluntarily agreed to be paid weekly as required under the Act and has not revoked or withdrawn that agreement.
Section 7 sets out a transitional provision. It provides that decoration allowance is an approved payment if the decoration allowance is payable for a pension period that commenced before 1 July 2026 and ends on or after that date (i.e. the decoration allowance payable in the pension period that spans the 14-day period before, on and after the commencing day of the VETS Act on 1 July 2026). This provision is intended to cover the circumstances contemplated by section 108 of the MRCA CATP Act.
Section 8 sets out a transitional provision. It provides that prisoner of war recognition supplement is an approved payment if the prisoner of war recognition supplement was being paid to a person under Part VIB of the Act, and payment is within a fortnight ending before or within the transfer fortnight, or a later fortnight. This provision is intended to cover the circumstances contemplated by section 109 of the MRCA CATP Act.
Consultation
In respect of the VETS Act, the Department of Veterans’ Affairs undertook extensive consultation with stakeholders, including three rounds of public consultation on the simplification and harmonisation of veterans’ portfolio legislation. The outcome of this process revealed strong support from veterans and other stakeholders and informed the pathway to establish an improved MRCA as the sole, ongoing scheme for veterans’ compensation and rehabilitation from 1 July 2026. This included that the decoration allowance, education assistance for eligible young persons and prisoner of war recognition supplement would be consolidated under the MRCA from 1 July 2026.
By transferring the decoration allowance and the prisoner of war recognition supplement to the MRCA, veterans with eligible service awards or decorations can continue to receive the decoration allowance under the MRCA, and prisoner of war recognition supplement will continue to be paid under the MRCA, despite the repeal of the relevant provisions under the Act from 1 July 2026. Further, the consolidation of education assistance under the MRCA from 1 July 2026, removes the different education arrangements under multiple schemes, supporting common claim processes for eligible young persons of veterans.
The repealed instrument was required to be remade to remove references to the decoration allowance, VCES and the prisoner of war recognition supplement, however the remainder of the instrument and the policy enabled by it is unchanged. As such, it was determined that no specific consultation on the instrument was required.
Human rights implications
This instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment A.
Making the instrument
The instrument is made by the Repatriation Commission.
Approved by
Repatriation Commission
Rule-maker
Attachment A
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Veterans’ Entitlements (Weekly Payments—Class of Persons) Instrument 2026
This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (the recognised rights).
Overview of the Disallowable Legislative Instrument
The Veterans’ Entitlements (Weekly Payments—Class of Persons) Instrument 2026 (the instrument) replaces the Veterans’ Entitlements (Weekly Payments—Class of Persons) Instrument 2021 (the repealed instrument).
The instrument specifies the class of persons that, under section 58A and 121 of the Act, a person may voluntarily agree to receive payments under the Act weekly instead of fortnightly. The instrument prescribes Australian residents living in Australia receiving an approved payment who have voluntarily agreed to be paid their payment weekly, and who have identified themselves as:
- not having access to safe and secure housing
- using emergency accommodation
- a refugee, or
- financially vulnerable and significantly disadvantaged.
Human rights implications
The instrument engages and promotes the following human rights:
- The right to social security under article 9 of the International Covenant on Economic Social and Cultural Rights (ICESCR).
- The right to an adequate standard of living under article 11(1) of the ICESCR.
The right to social security requires that a country must, within its maximum available resources, ensure access to a social security scheme that provides a minimum essential level of benefits to all individuals and families that will enable them to acquire at least essential health care, basic shelter and housing, water, sanitation, foodstuffs, and the most basic forms of education. The UN Committee has stated that special attention should be given to groups who may face difficulties in exercising the right to social security, including women, the unemployed, sick or injured workers, people with disabilities, older persons, children and adult dependents, and minority groups.
The instrument promotes the right to social security and the right to adequate standard of living by allowing financially vulnerable and significantly disadvantaged people to voluntarily choose to receive approved payments weekly instead of fortnightly. Providing the option to receive payments weekly assists people in maintaining an adequate standard of living and ensures that people who may otherwise face difficulties in exercising the right to social security can continually meet their immediate and urgent needs and can better manage their financial affairs.
Conclusion
The instrument is compatible with human rights because, where it engages the right to social security and the right to an adequate standard of living, it assists people to manage their financial affairs, by allowing vulnerable and significantly disadvantaged people to voluntarily choose to receive payments under the Act weekly rather than fortnightly.
Repatriation Commission
Rule-Maker