Veterans’ Entitlements (Weekly Payments – Class of Persons) Specification 2011

Administered by Department of Veterans' Affairs

Legislation au F2011L00240 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Veterans’ Entitlements (Weekly Payments – Class of Persons) Specification 2011

 

Summary

 

The Veterans’ Entitlements (Weekly Payments – Class of Persons) Specification 2011

(the Specification) is made by the Repatriation Commission (Commission) under subsections 58A(3C) and 121(5C) of the Veterans’ Entitlements Act 1986 (the Act).

 

The purpose of the Specification is to specify a class of persons to whom a payment otherwise required by the Act to be paid fortnightly (fortnightly payment), may be paid weekly.  The Commission will then determine whether a particular person who is within that class of persons should be paid their fortnightly payment in two weekly payments.

 

Background

 

As part of the strategy for reducing homelessness, the Australian Government’s White Paper, The Road Home: a National Approach to Reducing Homelessness, stated that weekly payments would be available to Centrelink’s most vulnerable customers including people who are homeless.  The Department of Veterans’ Affairs (DVA) also makes payments to people who may be in vulnerable circumstances and so the strategy is also relevant to DVA. The intention is for weekly payments to be specifically targeted to those veterans’ entitlements recipients who are financially vulnerable and who have additional support needs due to difficulties in managing their payment under a fortnightly payment system.

 

Currently, in most cases, veterans’ entitlements payments are paid fortnightly in arrears.  However, this Specification sets out the classes of persons who may be paid weekly, in arrears.

 

Explanation of provisions

 

Section 1 provides that the name of the Specification is the Veterans’ Entitlements (Weekly Payments – Class of Persons) Specification 2011.

 

Section 2 provides that the Specification commences on the day after the day it is registered on the Federal Register of Legislative Instruments.

 

Section 3 provides definitions of terms used in the Specification.  In particular it defines the payments under the Act that are made fortnightly.

 

Section 4 specifies the class of persons for the purpose of making weekly payments, being persons who meet each of the following requirements:

 

(a)   the person is an Australian resident and living in Australia;

(b)   the person is receiving one of the payments listed in subsection 4(2);

(c)   the person would benefit from having their veterans’ entitlements fortnightly payment paid weekly; and

 

the person has voluntarily agreed to be paid the total amount of their veterans’ entitlements fortnightly payment in respect of a fortnightly payment period in two weekly payments as provided by subsection 58A(3A) or subsection 121(5A) of the Act and has not revoked or withdrawn that agreement.

 

Subsection 4(2) provides that, for the purposes of paragraph 4(1)(b), the person must be receiving one of the payments listed.

 

Subsection 4(3) sets out non-exclusively, circumstances under which a person is taken to benefit from having their veterans’ entitlements fortnightly payment paid weekly.  Those circumstances are that the person does not have access to safe, secure and adequate housing, or is using emergency accommodation or a refuge; or the person is financially vulnerable and significantly disadvantaged.

 

Subsection 4(4) sets out, non-exclusively, circumstances under which a person is taken not to have access to safe, secure and adequate housing.  This definition is derived from the Supported Accommodation Assistance Act 1994, and is intended to encompass the particular characteristics or incidents of a person’s accommodation that may adversely affect them or place them at risk.  This definition encompasses people who would be considered homeless under the definitions of primary, secondary and tertiary homelessness currently used by the Australian Bureau of Statistics but is preferred for the purpose of the instrument because it defines homelessness by its impacts on individuals and provides consistency with other instruments made under social security law which also use this definition.

 

Whether a person is financially vulnerable and significantly disadvantaged is not defined in the Specification, as it is intended to be a broad and flexible concept examining many aspects of a person’s circumstances.  It is intended that guidance be given to decision-makers through administrative guidance material such as that on the Consolidated Library of Information and Knowledge (an internal DVA information-resource).

 

Examples of matters that decision-makers would be expected to consider include whether:

(a)   the person has suffered a recent traumatic relationship breakdown, particularly if domestic or family violence was involved;

(b)   the person or their partner or a family member has a diagnosed mental illness, acquired brain injury or acute cognitive impairment;

(c)   the person or their partner or a family member has a gambling, substance or alcohol dependence that is severe enough to impede the person from managing their finances on a fortnightly basis;

(d)   the person has ongoing budgeting difficulties with his or her fortnightly payment arrangements;

(e)   the person has suffered an unforeseen event that has substantially reduced his or her income or requires significant additional expenditure; or

(f)    the person has previously been offered other services and referrals which have failed to stabilise the person’s financial circumstances.

 

This Specification is beneficial in nature and intended to assist a broad class of persons.  In addition, the person must consent to be paid weekly before the Commission can determine that a person is to receive their veterans’ entitlements fortnightly payment on a weekly basis.

 

Consultation

 

Consultation was undertaken with the Department of Families and Housing, Community Services and Indigenous Affairs (FaHCSIA) which has prepared a similar instrument. In respect of its instrument, FaHCSIA consulted Centrelink and the Department of Education, Employment and Workplace Relations.  A similar instrument has also been made by the Minister for Employment and Workplace Relations to specify the class of persons receiving social security payments for which that Minister has responsibility.

 

Retrospective

 

No.

 

Regulatory Impact on Business

 

None.

 

Statutory Pre-conditions

 

Apart from requirements relating to all legislative instruments (e.g. under the Legislative Instruments Act 2003), no statutory preconditions needed to be satisfied prior to the making of the attached instrument.

 

Overview

The Veterans’ Entitlements (Weekly Payments – Class of Persons) Specification 2011 was enacted to address the need for a more flexible payment system for veterans’ entitlements recipients, particularly those who are financially vulnerable and have additional support needs. Made by the Repatriation Commission under subsections 58A(3C) and 121(5C) of the Veterans’ Entitlements Act 1986, the Specification aims to specify a class of persons eligible for weekly payments instead of the standard fortnightly payments. This measure aligns with the Australian Government's strategy to reduce homelessness, as outlined in the White Paper, The Road Home: a National Approach to Reducing Homelessness. The Specification ensures that weekly payments are targeted to those veterans who would benefit most from this change, provided they meet the criteria of being Australian residents receiving specified payments, having voluntarily agreed to the weekly payment arrangement, and demonstrating circumstances that indicate a benefit from weekly payments due to financial vulnerability or lack of adequate housing. The enacting body for this legislation is the Repatriation Commission, with the policy objective being to provide a more supportive payment structure for veterans facing financial challenges. The Specification is designed to be beneficial and is contingent on the consent of the veteran to be paid weekly. This approach ensures that the flexibility of payment options directly addresses the needs of vulnerable individuals, supporting them in managing their entitlements more effectively.

Scope and Application

The Veterans' Entitlements (Weekly Payments – Class of Persons) Specification 2011 applies to Australian residents receiving specific veterans' entitlements payments, such as those listed in subsection 4(2), who meet the criteria outlined in section 4. These individuals must voluntarily agree to receive their fortnightly payments in two weekly installments, as stipulated by subsections 58A(3A) and 121(5A) of the Veterans’ Entitlements Act 1986. The Specification is designed to benefit those who are financially vulnerable or significantly disadvantaged, particularly if they lack access to safe and secure housing or have additional support needs. This legislation falls under the Commonwealth jurisdiction and is applicable nationally. However, the Specification does not explicitly define financial vulnerability, leaving it to administrative guidance for interpretation. There are no exclusions, exemptions, or thresholds specified in the text, and no subordinate instruments are mentioned that extend or restrict its application.

Key Provisions

The Veterans’ Entitlements (Weekly Payments – Class of Persons) Specification 2011 (Specification) is a legislative instrument made under the Veterans’ Entitlements Act 1986 (Act). The Specification provides for the identification of a class of veterans’ entitlement recipients who may be eligible to receive their fortnightly payments on a weekly basis, rather than the standard fortnightly payment (Section 1). The Specification specifies the class of persons who are eligible for this arrangement (Section 4), and it comes into effect on the day after it is registered on the Federal Register of Legislative Instruments (Section 2). The Specification sets out the criteria for eligibility for weekly payments for veterans’ entitlement recipients, who must be Australian residents living in Australia, receiving one of the specified payments under the Act, and meeting certain financial vulnerability or housing circumstances (Section 4). To qualify for weekly payments, the person must also agree to receive the total amount of their fortnightly payment in two weekly payments and must not have revoked or withdrawn that agreement (Section 4(1)(d)). The Specification further outlines the circumstances that may indicate financial vulnerability and lack of access to safe, secure, and adequate housing (Sections 4(3) and 4(4)). The Specification aims to assist those veterans’ entitlement recipients who are most vulnerable financially and have additional support needs due to difficulties in managing their payment under a fortnightly payment system. The Specification imposes obligations on the Repatriation Commission to determine whether a particular person within the specified class should receive their fortnightly payment in two weekly payments. The Commission must consider the person’s circumstances, including their housing situation and financial vulnerability, and whether the person has agreed to receive the payment weekly. The Repatriation Commission must also ensure that the weekly payment arrangement is in line with the person’s needs and does not negatively impact their overall financial situation. Breach of the Specification’s requirements may have civil or criminal consequences, although specific offences, penalties, or consequences are not outlined in the text. However, it is important to note that the Specification is intended to assist vulnerable veterans’ entitlement recipients and to provide a more suitable payment arrangement for those who need it. Any failure to comply with the Specification’s provisions could potentially lead to legal consequences, depending on the specific circumstances and the relevant legislation. The maximum penalties for breaches of the Veterans’ Entitlements Act 1986 may apply, as outlined in the Act, and can include fines and/or imprisonment.

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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.