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Vets Bill 1996

Contents

1............ Short title............................................................................................

2............ Commencement..................................................................................

3............ Schedule(s).........................................................................................

Schedule 1—Amendment of the Veterans’ Entitlements Act 1986            

Part 1—Amendments relating to the transfer of carer service pension recipients and carer income support supplement recipients                                                                                    

Part 2—Amendments relating to appropriations                                                 

Part 3—Amendments relating to rent assistance for single persons sharing accommodation             

Schedule 2—Consequential amendments relating to the change of name from carer pension to carer payment                                                                                                        

Veterans’ Entitlements Act 1986                                                                            

Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986                   

Schedule 3—Amendments relating to certain saved fringe benefits       

Veterans’ Affairs Legislation Amendment Act 1992                                           

Veterans’ Entitlements Act 1986                                                                            

Veterans’ Entitlements (Rewrite) Transition Act 1991                                      

Schedule 4—Amendments of the Social Security Act 1991 relating to the payment of certain pensions     

Schedule 5—Amendment of the Veterans’ Entitlements Act 1986 to remove the means test exemption for superannuation assets in certain cases                                      

Schedule 6—Amendment of the Veterans’ Entitlements Act 1986 in relation to rehabilitation                        

Schedule 7—Amendment of the National Health Act 1953 in relation to the abolition of the modified income test                                                                                                  

Schedule 8—Saving provisions                                                                                     

Part 1—Amendment of the Veterans’ Entitlements Act 1986 commencing on 26 June 1997          

Part 2—Amendment of the Veterans’ Entitlements Act 1986 commencing on 1 July 1997              

Schedule 9—Other technical amendments                                                             

Part 1—Amendment of the Veterans’ Affairs Legislation Amendment Act 1987         

Part 2—Amendment of the Veterans’ Affairs (1994-95 Budget Measures) Legislation Amendment Act (No. 2) 1994                                                                                                                   

Part 3—Amendment of the Veterans’ Affairs Legislation Amendment and Repeal Act 1995          

Part 4—Amendment of the Veterans’ Affairs (1995-96 Budget Measures) Legislation Amendment Act 1995                                                                                                                             

Part 5—Amendment of the Veterans’ Affairs Legislation Amendment (1995-96 Budget Measures) Act (No. 2) 1995                                                                                                                   

Part 6—Amendment of the Social Security and Veterans’ Affairs Legislation Amendment Act 1995                   

Part 7—Amendment of the Veterans’ Entitlements Act 1986                      

Part 8—Amendment of the Veterans’ Entitlements Act 1986                



This Bill originated in the House of Representatives; and, having this day passed, is now ready for presentation to the Senate for its concurrence.

                         L.M. BARLIN

           Clerk of the House of Representatives

House of Representatives

27 February 1997

 

A Bill for an Act to amend the law relating to veterans and the families of veterans, and for related purposes

The Parliament of Australia enacts:

1   Short title

                   This Act may be cited as the Veterans’ Affairs Legislation Amendment (1996-97 Budget and Other Measures) Act 1997 .

2   Commencement

             (1)  Subject to subsections (2), (3), (4), (5), (6), (7), (8), (9), (10) and (11), this Act commences on the day on which it receives the Royal Assent.

             (2)  Parts 1 and 3 of Schedule 1 and Schedules 2, 3, 4, 6 and 7, and Part  2 of Schedule 8 commence, or are taken to have commenced, on 1 July 1997.

             (3)  Schedule 5 commences on 20 September 1997.

             (4)  Part 1 of Schedule 9 is taken to have commenced on 2 July 1987, immediately after subsection 49(2) of the Veterans’ Affairs Legislation Amendment Act 1987 .

             (5)  Part 2 of Schedule 9 is taken to have commenced on 20 March 1995, immediately after Division 3 of Part 2 of the Veterans’ Affairs (1994-95 Budget Measures) Legislation Amendment Act (No. 2) 1994.

             (6)  Part 3 of Schedule 9 is taken to have commenced on 17 October 1995, immediately after section 1 of the Veterans’ Affairs Legislation Amendment and Repeal Act 1995 .

             (7)  Part 4 of Schedule 9 is taken to have commenced on 1 October 1995, immediately after Schedule 4 to the Veterans’ Affairs (1995-96 Budget Measures) Legislation Amendment Act 1995 .

             (8)  Part 5 of Schedule 9 is taken to have commenced on 20 March 1996, immediately after Schedule 6 to the Veterans’ Affairs Legislation Amendment (1995-96 Budget Measures) Act (No. 2) 1995 .

             (9)  Part 6 of Schedule 9 is taken to have commenced on 10 July 1996, immediately after Schedule 17 to the Social Security and Veterans’ Affairs Legislation Amendment Act 1995 .

           (10)  Part 1 of Schedule 8 commences, or is taken to have commenced, on 26 June 1997.

           (11)  Part 8 of Schedule 9 commences, or is taken to have commenced, on 26 June 1997, immediately before Part 1 of Schedule 8.

3   Schedule(s )

                   Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.



 

1  Section 5 (index)

Omit:

                         care receiver                                                                               5Q(1)

2  Subsection 5NB(1) (paragraph (c) of the definition of compensation affected pension )

Repeal the paragraph.

3  Subsection 5Q(1) (definition of care receiver )

Repeal the definition.

4  Subsection 5Q(1) (paragraph (c) of the definition of service pension )

Omit “; or”, substitute “.”.

5  Subsection 5Q(1) (paragraph (d) of the definition of service pension )

Repeal the paragraph.

6  Paragraph 35(1)(b)

Repeal the paragraph, substitute:

                     (b)  Divisions 3, 4 and 5 deal with the 3 kinds of service pension (age, invalidity and partner service pension respectively); and

7  Subsection 35(2)

Omit “Divisions 3, 4, 5 and 6”, substitute “Divisions 3, 4 and 5”.

8  Division 6 of Part III

Repeal the Division.

9  Paragraph 41(1)(c)

Omit “and”.

10  Paragraph 41(1)(d)

Repeal the paragraph.

Note:       The heading to section 41 is replaced by the heading “ Rate of age, invalidity and partner service pension (no dependent children) ”.

11  Subsection 41(2)

Omit “invalidity, partner or carer”, substitute “invalidity or partner”.

12  Subsection 41(4)

Omit “age, invalidity or carer”, substitute “age or invalidity”.

13  Paragraph 42(1)(c)

Omit “and”

14  Paragraph 42(1)(d)

Repeal the paragraph.

Note:       The heading to section 42 is replaced by the heading “ Rate of age, invalidity and partner service pension (dependent child or children) ”.

15  Subsection 42(3)

Omit “age, invalidity or carer”, substitute “age or invalidity”.

16  Point 42-C2 (table C-1, column 6)

Repeal the column.

17  Point 42-C2 (table C-1, item 5)

Repeal the item.

18  Point 42-C2 (key)

Omit “Service carer = carer service pension”.

19  Point 43-C2 (table C-1, column 6)

Repeal the column.

20  Point 43-C2 (table C-1, item 5)

Repeal the item.

21  Point 43-C2 (key)

Omit “Service carer = carer service pension”.

22  Subparagraph 45(1)(b)(ii)

Omit “or”.

23  Subparagraph 45(1)(b)(iii)

Repeal the subparagraph.

Note:       The heading to section 45 is replaced by the heading “ Rate of age and invalidity service pension (war widow or war widower) ”.

24  Subparagraph 45(2)(b)(ii)

Omit “or”.

25  Subparagraph 45(2)(b)(iii)

Repeal the subparagraph.

26  Section 45AB

Repeal the section.

27  Paragraph 45D(1)(ba)

Repeal the paragraph.

28  Point 45Y-G2 (table G-1, column 8)

Repeal the column.

29  Point 45Y-G2 (table G-1, item 6)

Repeal the item.

30  Point 45Y-G2 (key)

Omit “Service care = carer service pension”.

31  Paragraph 50A(2)(c)

Repeal the paragraph, substitute:

                     (c)  an instalment of partner service pension in respect of the person is payable to the person’s partner during a pension period;

32  Subparagraph 50A(3)(c)(ii)

Omit “or”.

33  Subparagraph 50A(3)(c)(iii)

Repeal the subparagraph.

34  Subsection 52(1)

Omit “52ZA, 52ZCA, 53AJ and 53AL”, substitute “52ZA and 52ZCA”.

35  Subsection 52A(1)

Omit “52G, 52H, 53AJ and 53AL”, substitute “52G and 52H”.

36  Section 52K

Repeal the section.

37  Paragraph 52Q(3)(e)

Omit “sections 52G and 53AJ”, substitute “section 52G”.

38  Paragraph 52R(3)(e)

Omit “sections 52H and 53AL”, substitute “section 52H”.

39  Paragraph 52S(3)(e)

Omit “sections 52H and 53AL”, substitute “section 52H”.

40  Paragraph 52S(5)(eb)

Omit “sections 52H and 53AL”, substitute “section 52H”.

41  Paragraph 52T(3)(cb)

Omit “sections 52H and 53AL”, substitute “section 52H”.

42  Paragraph 52U(4)(e)

Omit “52G, 52H and 53AL”, substitute “52G and 52H”.

43  Section 52ZAA

Repeal the section.

44  Section 52ZN

Repeal the section.

45  Division 11A of Part IIIB

Repeal the Division.

46  Section 53J (note 2)

Repeal the note.

47  Subdivision E of Division 12A of Part IIIB

Repeal the Subdivision.

48  Division 12B of Part IIIB

Repeal the Division.

49  Division 13A of Part IIIB

Repeal the Division.

50  Sections 56BB and 56BC

Repeal the sections.

51  Section 56GAA

Repeal the section.

52  Subsection 56H(3)

Omit “subsections (4), (5), (6), (7), (8), (9), (10) and (11)”, substitute “subsections (4), (5), (6), (7) and (8)”.

53  Subsections 56H(9), (10) and (11)

Repeal the subsections.

54  Section 56HA

Repeal the section.

55  Subsection 56J(1)

Omit “invalidity service pension, partner service pension or carer service pension”, substitute “invalidity service pension or partner service pension”.

56  Subsection 56J(1) (note)

Omit “Similarly, if a person has been receiving carer service pension because of caring for the veteran, that carer service pension will also be terminated.”.

57  Section 56K

Omit “, carer service pension”.

58  Section 56K (note 2)

Omit “Similarly, if a person has been receiving carer service pension because of caring for the veteran, that carer service pension will also be cancelled or suspended.”.

59  Section 57AA

Repeal the section.

60  Subsection 57A(1A)

Repeal the subsection.

61  Subsection 57A(2)

Omit “or (1A)”.

62  Section 57CA

Repeal the section.

63  Subsection 58K(1) (paragraph (ab) of the note)

Omit “(4);”, substitute “(4).”.

64  Subsection 58K(1) (paragraph (b) of the note)

Repeal the note.

65  Section 58KA

Repeal the section.

66  Sections 59GC, 59GD and 59GE

Repeal the sections.

67  Paragraph 59M(1)(e)

Repeal the paragraph.

68  Subsection 59M(6)

Repeal the subsection.

69  Section 59W (example 1)

Omit “carer” (wherever occurring), substitute “partner”.

70  Paragraph 85(7)(b)

Omit “(other than a carer service pension)”.

71  Subsection 98(4A)

Repeal the subsection.

72  Subparagraph 118AA(a)(ii)

Repeal the subparagraph.

73  Subsection 205(1)

Omit “Subject to subsection (1AA), this”, substitute “This”.

74  Subsection 205(1AA)

Repeal the subsection.



 

75  Paragraph 199(b)

Repeal the paragraph, substitute:

               and (b)  medical and other treatment services provided under Part V; and



 

76  Section 5 (index)

Insert:

                         single person sharing accommodation                                  5MD

77  After section 5MC

Insert:

5MD   Single person sharing accommodation

             (1)  For the purposes of this Act, a person is to be treated as a single person sharing accommodation if the Commission determines in writing that the person is a single person sharing accommodation.

             (2)  In making a determination under subsection (1) the Commission is to have regard to:

                     (a)  whether the person shares accommodation with another person or other persons and as a result incurs living expenses that are, or are likely to be, less than they would have been if the person were living alone; and

                     (b)  any other circumstances that the Commission considers relevant.

             (3)  The Commission is not to make a determination under subsection (1) if a person:

                     (a)  is a member of a couple; or

                     (b)  has dependent children; or

                     (c)  pays, or is liable to pay, amounts for the person’s board and lodging; or

                     (d)  is residing in a nursing home or is in residential care.

Note 1:       For residing in a nursing home see subsection 5N(8).

Note 2:       For residential care see subsection 5NAA(2).

             (4)  The Commission is not to make a determination under subsection (1) if a person:

                     (a)  receives an invalidity service pension under section 37; or

                     (b)  receives income support supplement under subparagraph 45A(1)(b)(iii).

             (5)  The Commission is not to make a determination under subsection (1) only because a person shares accommodation with one or more recipient children of the person.

             (6)  In this section:

recipient child means a child who receives any of the following but who does not receive any amount by way of rent assistance:

                     (a)  a social security payment;

                     (b)  an AUSTUDY allowance;

                     (c)  a payment under the ABSTUDY Schooling scheme or the ABSTUDY Tertiary scheme;

                     (d)  a payment under the Veterans’ Children Education Scheme;

                     (e)  a youth training allowance.

78  After paragraph 41-C4(b)

Insert:

                     (c)  whether or not the person is a single person sharing accommodation; and

79  Point 41-C6

Omit “The rate of rent assistance is whichever is the lesser of rate A and rate B applicable to the person in accordance with Table C-1.”, substitute:

The rate of rent assistance is:

                     (a)  if the person is not a single person sharing accommodation—whichever is the lesser of rate A and rate B applicable to the person in accordance with Table C-1; or

                     (b)  if the person is a single person sharing accommodation—whichever is the lesser of rate A applicable to the person in accordance with Table C-1 and two-thirds of rate B applicable to the person in accordance with Table C-1.

80  Point 41-C6 (after note 2)

Insert:

Note 2A:    For single person sharing accommodation see section 5MD.

81  At the end of point 45X-D5

Add:

             ; and (c)  whether or not the person is a single person sharing accommodation.

82  Point 45X-D7

Omit “The rate of rent assistance is whichever is the lesser of rate A and rate B applicable to the person in accordance with Table D-1.”, substitute:

The rate of rent assistance is:

                     (a)  if the person is not a single person sharing accommodation—whichever is the lesser of rate A and rate B applicable to the person in accordance with Table D-1; or

                     (b)  if the person is a single person sharing accommodation—whichever is the lesser of rate A applicable to the person in accordance with Table D-1 and two-thirds of rate B applicable to the person in accordance with Table D-1.

83  Point 45X-D7 (after note 2)

Insert:

Note 2A:    For single person sharing accommodation see section 5MD.



 

Veterans’ Entitlements Act 1986

1  Sections 5F, 5H, 5Q, 36H, 37H, 38H, 45G, 45H and 98

Omit “carer pension” (wherever occurring), substitute “carer payment”.

Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986

2  Paragraph 10(4)(a)

Omit “carer pension”, substitute “carer payment”.



 

Veterans’ Affairs Legislation Amendment Act 1992

1  Paragraph 83(a)

Repeal the paragraph, substitute:

                     (a)  a veteran was eligible for fringe benefits because of subsection 17(1) or (2) of the Veterans’ Entitlements (Rewrite) Transition Act 1991 as in force immediately before 1 July 1997; and

Note:       The heading to section 83 is altered by omitting “ are ” and substituting “ were ”.

Veterans’ Entitlements Act 1986

2  Section 53A (notes 1 and 2)

Repeal the notes.

3  Subsection 53D(1) (note 4)

Omit “is” (first occurring), substitute “was”.

4  Subsection 53D(1) (note 4)

After “ Veterans’ Entitlements (Rewrite) Transition Act 1991 ”, insert “as in force immediately before 1 July 1997”.

5  Subsection 118Q(1) (note 2)

Repeal the note.

6  Subsection 118S(2) (note)

Repeal the note.

Veterans’ Entitlements (Rewrite) Transition Act 1991

7  Section 17

Repeal the section.



 

1  Subsection 57(1)

After “Subject to”, insert “subsections (2) and (3) and”.

2  At the end of section 57

Add:

             (3)  If:

                     (a)  an age pension is payable to a person; and

                     (b)  the person receives a veteran’s disability pension or the person’s partner receives an age pension and a veteran’s disability pension; and

                     (c)  the Secretary makes a determination for the purposes of this subsection in relation to the person that specifies pension paydays for the person; and

                     (d)  the determination referred to in paragraph (c) has not been revoked;

the instalments referred to in subsection (1) are to be paid to the person on such pension paydays.

             (4)  In this section:

veteran’s disability pension has the same meaning for the purposes of this section as paragraph (a), (b) or (c) of the definition of disability pension has in section 5Q of the Veterans’ Entitlements Act 1986.

3  After section 59

Insert:

59A   Calculation of amount of a half instalment

             (1)  Despite any other provision of this Act, this section applies if:

                     (a)  the Secretary determines pension paydays under subsection 57(3); and

                     (b)  the first pension payday specified in the determination (the first pension payday ) is 7 days after the pension payday that applies under subsection 57(1).

             (2)  Subject to subsection (4), the rate at which age pension is payable to the person on the first pension payday in accordance with the determination is to be worked out using the following formula:

where:

normal age pension instalment means the amount of age pension the person would have received if the first pension payday were a pension payday under subsection 57(1).

             (3)  The rate at which age pension is payable to the person on the first pension payday after the determination is revoked is to be worked out using the following formula:

where:

normal age pension instalment means the amount of age pension the person would have received on the pension payday under subsection 57(1) apart from this section.

             (4)  If the Secretary determines pension paydays under subsection 57(3) in relation to a person before the person receives an instalment of age pension where:

                     (a)  the age pension has been granted to the person for the first time under this Act; or

                     (b)  the age pension has been granted to the person under this Act after the person’s age pension has been cancelled;

subsection (2) does not apply to the person.

4  Subsection 161(1)

After “Subject to”, insert “subsections (2) and (3) and”.

5  At the end of section 161

Add:

             (3)  If:

                     (a)  a person receives a wife pension; and

                     (b)  the person’s partner receives:

                              (i)  an age pension; and

                             (ii)  a veteran’s disability pension; and

                     (c)  the Secretary makes a determination for the purposes of this subsection in relation to the person that specifies pension paydays for the person; and

                     (d)  the determination referred to in paragraph (c) has not been revoked;

the instalments referred to in subsection (1) are to be paid to the person on such pension paydays.

             (4)  In this section:

veteran’s disability pension has the same meaning for the purposes of this section as paragraph (a), (b) or (c) of the definition of disability pension has in section 5Q of the Veterans’ Entitlements Act 1986.

6  After section 163

Insert:

163A   Calculation of amount of a half instalment

             (1)  Despite any other provision of this Act, this section applies if

                     (a)  the Secretary determines pension paydays under subsection 161(3); and

                     (b)  the first pension payday specified in the determination (the first pension payday ) is 7 days after the pension payday that applies under subsection 161(1).

             (2)  The rate at which wife pension is payable to the person on the first pension payday in accordance with the determination is to be worked out using the following formula:

where:

normal wife pension instalment means the amount of wife pension the person would have received if the first pension payday were the next pension payday under subsection 161(1) apart from this section.

             (3)  The rate at which wife pension is payable to the person on the first pension payday after the determination is revoked is to be worked out using the following formula:

where:

normal wife pension instalment means the amount of wife pension the person would have received on the pension payday under subsection 161(1) apart from this section.



 

1  Section 5 (index)

Insert:

                         prescribed pre-pension age person                                        5Q(1)

2  Subsection 5H(1) (definition of income )

After “(5)”, insert “, (7A)”.

3  After subsection 5H(7)

Insert:

Excluded amounts—superannuation investment returns

          (7A)  Subject to subsection (7B), a return on a person’s investment in a superannuation fund, an approved deposit fund or a deferred annuity is not income for the purposes of this Act if the person has not:

                     (a)  reached pension age; or

                     (b)  started to receive a pension or an annuity out of the fund.

Note 1:       For pension age see subsection 5Q(1).

Note 2:       For superannuation fund , approved deposit fund and deferred annuity see subsection 5J(1).

          (7B)  Subsection (7A) does not exclude a return on a person’s investment if the person is a prescribed pre-pension age person.

Note:          For prescribed pre-pension age person see subsection 5Q(1).

4  Paragraph 5H(8)(i)

Repeal the paragraph and the notes.

5  Paragraph 5J(1B)(d) (note)

Omit “before pension age is reached”, substitute “by persons who are neither prescribed pre-pension age persons nor persons who have reached pension age”.

6  Paragraph 5J(1B)(e) (note)

Omit “before pension age is reached”, substitute “by persons who are neither prescribed pre-pension age persons nor persons who have reached pension age”.

7  Paragraph 5J(1B)(f) (note)

Omit “before pension age is reached”, substitute “by persons who are neither prescribed pre-pension age persons nor persons who have reached pension age”.

8  Paragraph 5J(1C)(a)

After “investor”, insert “is not a prescribed pre-pension age person and”.

9  Paragraph 5J(1C)(b)

After “investor”, insert “is not a prescribed pre-pension age person and”.

10  Paragraph 5J(1C)(c)

After “investor”, insert “is not a prescribed pre-pension age person and”.

11  Subsection 5J(1C) (note 1)

Repeal the note, substitute:

Note 1:       For pension age and prescribed pre-pension age person see subsection 5Q(1).

12  Subsection 5Q(1)

Insert:

prescribed pre-pension age person means a person who, whether before, on or after 20 September 1997:

                     (a)  reaches, or has reached, 55; and

                     (b)  has received, since reaching 55, any, or any combination, of the following for a single continuous period of 39 weeks, or for separate periods that add up to a period of 39 weeks:

                              (i)  a social security pension;

                             (ii)  a social security benefit;

                            (iii)  a service pension;

                            (iv)  income support supplement.

13  Section 46Q

Repeal the section.

14  Paragraph 46R(a)

Omit “before the person reaches pension age”.

15  After paragraph 46R(a)

Insert:

                    (aa)  when the investment is realised, the person is not a prescribed pre-pension age person and has not reached pension age; and

16  Section 46R (note)

Repeal the note, substitute:

Note 1:       For assessable growth component see subsection 5J(1).

Note 2:       For pension age and prescribed pre-pension age person see subsection 5Q(1).

17  Paragraph 52(1)(f)

Repeal the paragraph.

18  After section 52

Insert:

52AA  Value of certain superannuation investments to be disregarded

             (1)  Subject to subsections (2) and (3), the value of a person’s investment in a superannuation fund, an approved deposit fund or a deferred annuity is to be disregarded in calculating the value of the person’s assets for the purposes of this Act if the person has not:

                     (a)  reached pension age; or

                     (b)  started to receive a pension or an annuity out of the fund.

             (2)  Subsection (1) does not apply to the calculation of the value of a person’s assets for the purposes of sections 52G and 52H.

             (3)  Subsection (1) does not exclude the value of a person’s investment if the person is a prescribed pre-pension age person.

Note:          For pension age and prescribed pre-pension age person see subsection 5Q(1).



 

1  At the end of subsection 5H(8)

Add:

                  ; (zn)  an amount worked out under section 115G.

2  Subsection 23(4)

Omit “The”, substitute “Subject to subsection (5), the”.

3  At the end of section 23

Add:

             (5)  If section 115D applies to a veteran, the rate at which pension is payable to the veteran is the amount specified in subsection (4) less the pension reduction amount worked out under that section.

4  Subsection 24(4)

Omit “The”, substitute “Subject to subsection (5), the”.

5  At the end of section 24

Add:

             (5)  If section 115D applies to a veteran, the rate at which pension is payable to the veteran is the amount specified in subsection (4) less the pension reduction amount worked out under that section.

6  Section 24A

Omit “Where”, substitute “Subject to subsection (2), if”.

7  At the end of section 24A

Add:

             (2)  Paragraphs (b) and (c) do not apply to a veteran if the veteran is undertaking a rehabilitation scheme under the Veterans’ Vocational Rehabilitation Scheme or section 115D applies to the veteran.

8  After subsection 37(2)

Insert:

          (2A)  Paragraph (2)(a) does not apply to a person who is a veteran if the veteran is undertaking a rehabilitation scheme under the Veterans’ Vocational Rehabilitation Scheme or section 115G applies to the veteran.

9  After Part VI

Insert:

Division 1—Preliminary

115A  Definitions

                   In this Part, unless the contrary intention appears:

CPI payday means the first pension payday that occurs on or after the beginning of each relevant period within the meaning of that term in section 198.

member of the Forces has the same meaning as in subsection 68(1).

member of a Peacekeeping Force has the same meaning as in subsection 68(1).

unaffected pension rate means the rate of pension that a veteran would have received if the veteran had not undertaken a vocational rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme.

unemployment includes:

                     (a)  retirement from remunerative work; and

                     (b)  undertaking less than 16 hours of remunerative work in a pension period;

but does not include any period of paid leave.

veteran means:

                     (a)  a person:

                              (i)  who is, because of section 7, taken to have rendered eligible war service; or

                             (ii)  in respect of whom a pension is payable under subsection 13(6); or

                            (iii)  who satisfies subsection 37(3); or

                     (b)  a member of the Forces; or

                     (c)  a member of a Peacekeeping Force.

Veterans’ Vocational Rehabilitation Scheme means a scheme made under subsection 115B(1).

work and pension income rate means the rate equal to the sum of:

                     (a)  the veteran’s salary, wages or earnings per fortnight from remunerative work; and

                     (b)  the fortnightly rate of pension paid to the veteran under Part II or IV.

115B  Making of the Scheme

             (1)  The Commission may, from time to time, by instrument in writing, make a scheme, to be called the Veterans’ Vocational Rehabilitation Scheme, to assist specified classes of veterans to find employment and to continue in employment.

             (2)  The Commission may, from time to time, by instrument in writing, vary or revoke the scheme.

             (3)  A scheme made by the Commission under subsection (1), and an instrument varying or revoking such a scheme, have no force or effect unless approved by the Minister.

             (4)  If a scheme has been made by the Commission under subsection (1), or an instrument under subsection (2), the scheme or the instrument is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

             (5)  Without limiting the powers of the Commission under subsection (1), the Scheme may make provision for and in relation to:

                     (a)  the provision of rehabilitation programs, under the Scheme, to specified veterans; and

                     (b)  the provision of vocational guidance and assistance, under the Scheme, to specified veterans; and

                     (c)  the payment of financial assistance, under the Scheme, to specified veterans in respect of education or training that is being undertaken under the Scheme by the veterans; and

                     (d)  the provision of services in relation to the assessment of veterans for participation in rehabilitation programs; and

                     (e)  the payment of financial assistance, under the Scheme, to specified veterans in respect of transport costs arising from the veterans’ participation in the Scheme; and

                      (f)  the payment of financial assistance, under the Scheme, to specified veterans in respect of aids that enable the veterans to participate in, or assist veterans to participate in, the Scheme; and

                     (g)  the provision for review of determinations under section 115F.

             (6)  Before making a scheme, or varying or revoking the scheme, the Commission must consult such organisations and associations, representing the interests of the veteran community, as the Commission thinks appropriate.

Division 2—Provisions relating to the income of veterans who participate in vocational rehabilitation programs

115C  Rate of pension while on program

             (1)  Subject to sections 115D and 115G, this section applies while a veteran is undertaking a vocational rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme.

             (2)  If this section applies to a veteran on a pension payday, the rate of pension payable to the veteran is equal to the amount the veteran would receive if the veteran were not undertaking the program.

115D  Pension reduction amount—pensions under Parts II and IV

             (1)  Subject to subsections (4) and (5) and section 115F, the pension reduction amount in respect of a veteran for a pension payday that occurs within the period (the initial period ) that begins on the day after the veteran first commenced remunerative work as a result of undertaking the vocational rehabilitation program (the commencement day ) and ends immediately before the first CPI payday that occurs more than 2 years after the beginning of that period is to be worked out using the following formula:

             (2)  Subject to subsections (4) and (5) and section 115F, the pension reduction amount in respect of a veteran for a pension payday that occurs within the period (the second period ) that begins immediately after the initial period and ends 5 years after the commencement day is to be worked out using the following formula:

             (3)  Subject to subsections (4) and (5) and section 115F, the pension reduction amount in respect of a veteran for a pension payday that occurs more than 5 years after the end of the initial period is to be worked out using the formula:

             (4)  If a veteran is unemployed for a continuous period of at least 2 weeks, the pension reduction amount for each pension payday within that period is nil.

             (5)  If a veteran is in receipt of pension at the special rate because of subsection 24(3), the pension reduction amount for each pension payday is nil.

             (6)  In this section:

general rate means the general rate of pension.

no. of paydays means the number of CPI paydays that have occurred in the period.

pension rate on commencement means the rate of pension under this Act that was payable to the veteran on the day on which the veteran commenced his or her vocational rehabilitation program.

115E  Application for reduction of the pension reduction amount

             (1)  This section applies if, because of the application of the pension reduction amount to the rate of pension payable to a veteran, the work and pension income rate of the veteran in relation to a pension period is or would be less than the unaffected pension rate for the veteran in relation to that period.

             (2)  A veteran to whom this section applies may apply to the Commission to have the pension reduction amount reduced.

             (3)  An application must be:

                     (a)  in writing; and

                     (b)  in accordance with a form approved by the Commission; and

                     (c)  accompanied by any relevant documentary evidence in relation to salary, wages and other earnings from remunerative work for the period to which the application relates; and

                     (d)  lodged at an office of the Department in Australia.

115F  Determination by the Commission

             (1)  This section applies if, after considering an application under section 115E, the Commission is satisfied that the rate at which a pension has been, is being or is to be paid, to a veteran resulted, or would result in, a work and pension income rate for the applicant in relation to a pension period that is less or would be less than the unaffected pension rate in relation to that period.

             (2)  If this section applies, the Commission may determine in writing that the pension reduction amount in relation to the veteran for a past, present or future pension payday is to be reduced by such amount as the Commission is satisfied would result in the work and pension income rate being equal to the unaffected pension rate.

             (3)  A determination takes effect on the day on which the determination is made.

115G  Excluded income amount—invalidity service pensions

             (1)  The excluded income amount in respect of a veteran for a pension payday that occurs within the period (the initial period ) that begins the day after the veteran first commenced remunerative work as a result of undertaking the vocational rehabilitation program and ends immediately before the first CPI payday that is more than 2 years after the beginning of the initial period is 1 / 2 of the earnings of the veteran in the pension period that relates to the pension payday.

             (2)  The excluded income reduction amount in respect of a veteran for a pension payday that occurs within each consecutive 6 month period during the 5 years that begins immediately after the initial period is worked out using the following formula:

where:

no. of 6 month periods means the number of consecutive 6 month periods that have begun in the 5 year period.

earnings means salary, wages or earnings from remunerative work in the pension period that relates to the pension payday.

Division 3—Recovery of cost of rehabilitation

115H  Recovery of cost of rehabilitation

             (1)  In this section, compensation , in relation to a person who is undertaking, or has undertaken, a rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme, means an amount that is by way of compensation or damages, or is, in the opinion of the Commission, in the nature of compensation or damages, in respect of the disease, disability or condition because of which the rehabilitation program is being, or has been, undertaken.

             (2)  This section applies if a veteran who is undertaking, or has undertaken, a rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme:

                     (a)  has made a claim against another person for compensation, or may be, or may become, entitled to be paid compensation by another person, in relation to the disease, disability or condition because of which the rehabilitation program is being, or has been, undertaken; or

                     (b)  is entitled, whether because of an order of a court, a settlement of a claim for compensation or otherwise, to be paid compensation by another person; or

                     (c)  has been paid compensation by another person, whether because of an order of a court, a settlement of a claim for compensation or otherwise.

             (3)  A reference in subsection (2) to another person includes a reference to the Commonwealth, a State, a Territory or an authority of the Commonwealth, a State or a Territory.

             (4)  If this section applies, the Commission may give to the veteran a written notice requiring the veteran to pay for:

                     (a)  a rehabilitation program or any part of such a program that has been undertaken by the veteran under the Veterans’ Vocational Rehabilitation Scheme before the day on which the notice was given to the veteran; and

                     (b)  a rehabilitation program or any part of such a program undertaken at any time on or after the day on which the notice was given to the veteran;

in relation to the disease, disability or condition.

             (5)  On being given the notice, the veteran becomes, by force of this section, liable to pay to the Commonwealth an amount equal to the cost, or amounts equal to the sum of the costs, as determined by the Commission, of and incidental to:

                     (a)  a rehabilitation program or any part of such a program that has been undertaken by the veteran under the Veterans’ Vocational Rehabilitation Scheme before the day on which the notice was given to the veteran; and

                     (b)  a rehabilitation program or any part of such a program undertaken at any time on or after the day on which the notice was given to the veteran.

             (6)  If the veteran is, under subsection (2), liable to make payment to the Commonwealth for a rehabilitation program provided by the Commission, the Commission may, by written notice given to a person who:

                     (a)  may be, or may become, liable; or

                     (b)  is liable;

to pay compensation to, or for the benefit of, the veteran in respect of the disease, disability or condition, inform the person that the veteran is liable to make payment to the Commonwealth for a rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme, whether undertaken before or after the giving of the notice.

             (7)  A reference in subsection (6) to a person includes a reference to an insurer who, under a contract of insurance, is liable to indemnify the person or is liable to pay compensation to, or for the benefit of, the veteran against that liability.

115J  Where a person receives a notice under subsection 115H(5)

             (1)  This section applies to a person if the person has been given a notice under subsection 115H(5).

             (2)  The person:

                     (a)  is, on being given the notice, liable to pay compensation to, or for the benefit of, the veteran to whom the notice relates in respect of the disease, disability or condition to which the notice relates; or

                     (b)  becomes, after receiving the notice, so liable to pay compensation; or

the person becomes liable, because of this subsection, to pay to the Commonwealth:

                     (c)  an amount equal to the cost of the rehabilitation program that the veteran is liable, or may become liable, under subsection 115H, to pay; or

                     (d)  an amount equal to the amount of compensation that the person is liable, or becomes liable, so to pay;

whichever is the less.

             (3)  If, before the notice was given to the person, the person paid to, or for the benefit of, the veteran the whole of the compensation that the person was liable to pay in respect of the disease, disability or condition to which the notice relates, the notice has no effect.

             (4)  If a person is liable, or becomes liable, to pay an amount to the Commonwealth under subsection (2), the person must not, without the permission of the Commission, pay the compensation, or any part of the compensation, to, or for the benefit of, the veteran.

             (5)  Payment to the Commonwealth of an amount under subsection (2) operates, to the extent of the payment:

                     (a)  as a discharge to the person of his or her liability to pay compensation to the veteran entitled to receive the compensation; and

                     (b)  as a discharge of the veteran’s liability under subsection 115H(3).

115K  Recovery of amount by the Commonwealth

                   The Commonwealth may recover in a court of competent jurisdiction an amount that a person is liable to pay to the Commonwealth under subsection 115H(5) or 115J(2).

115L  Determination of amount of costs of rehabilitation programs

             (1)  This section applies if the Commission determines, in writing, the amount of the cost of, or incidental to, a rehabilitation program under a Veterans’ Vocational Rehabilitation Scheme for a veteran during a specified period in respect of a disease, disability or condition in relation to which a notice has been given under subsection 115H(4).

             (2)  The Commission may give a notice to the veteran containing a copy of that determination, or notices to the veteran and the person referred to in subsection 115H(6) containing copies of that determination.

             (3)  If the Commission gives a copy of a determination to a veteran or a person under subsection (2), the copy is, for all purposes, prima facie evidence:

                     (a)  that the copy of that determination set out in the notice is a true copy of the determination of which it purports to be a copy; and

                     (b)  that the determination was duly made by the Commission; and

                     (c)  that the amount specified in the determination is the amount which the veteran is liable, by force of subsection 115H(5), to pay to the Commonwealth as the cost of and incidental to the rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme during the period so specified for and in relation to that disease, disability or condition.

             (4)  The giving of a notice, or notices, under subsection (2) does not prevent the making of a further determination or determinations, and the giving by the Commission of a further notice or further notices under that subsection.



 

1  Subsection 84(1) (paragraphs (ba) and (bb) of the definition of concessional beneficiary )

Repeal the paragraphs.

 



 

1  At the end of Schedule 5

Add:

7A  Transitional provisions: amendments relating to the transfer of carer service pensioners

             (1)  This clause applies to a person if:

                     (a)  the person was receiving a carer service pension immediately before 26 June 1997; and

                     (b)  subclause 8(1) or (3) would not apply to the person if that clause commenced on the same day as this clause.

             (2)  If this clause applies to a person and the person was receiving a carer service pension immediately before 26 June 1997, an instalment of carer service pension is payable to the person on 26 June 1997 at the rate worked out using the following formula:

where:

reduced annual rate means the rate last determined by the Commission under this Act excluding any pharmaceutical allowance payable to a person under this Act.

pharmaceutical allowance means the amount of pharmaceutical allowance that would have been included in the person’s carer service pension if the payment was an instalment under section 58A.



 

2  At the end of Schedule 5

Add:

8   Saving provisions: amendments relating to the transfer of carer service pension recipients and carer income support supplement recipients

             (1)  Subject to subclause (4), if:

                     (a)  a person was receiving a carer service pension (the carer ) immediately before 1 July 1997; and

                     (b)  the veteran partner who is being cared for by the carer is receiving an age service pension or an invalidity service pension; and

                     (c)  the carer would, apart from subsection 38(1B), be eligible for a partner service pension;

then, despite the amendments made by Part 1 of Schedule 1 to the amending Act, this Act, as in force immediately before 1 July 1997, continues to apply to the person in relation to carer service pension.

             (2)  Subject to subclause (4), if:

                     (a)  a person was receiving income support supplement immediately before 1 July 1997; and

                     (b)  subsection 45AB(1) applied to the person; and

                     (c)  the person would, apart from paragraph 45A(1)(b) and section 45AB, be eligible for income support supplement;

then, despite the amendments made by Part 1 of Schedule 1 to the amending Act, this Act, as in force immediately before 1 July 1997, continues to apply to the person in relation to income support supplement.

             (3)  Subject to subclause (4), if:

                     (a)  a person is receiving a carer service pension (the carer ) immediately before 1 July 1997; and

                     (b)  the veteran who is being cared for by the carer is not receiving an age service pension or an invalidity service pension but passes the income test under section 53AA and either passes the assets test under section 53AD or is the subject of a decision in force under section 53AN that the assets test does not apply to the veteran;

then, despite the amendments made by Part 1 of Schedule 1 to the amending Act, this Act, as in force immediately before 1 July 1997, continues to apply to the person in relation to carer service pension.

             (4)  If carer service pension or income support supplement is not payable to the person after the commencement of this clause, then subclause (1), (2) or (3), as the case requires, ceases to apply to the person.

             (5)  In this clause:

amending Act means the Veterans’ Affairs Legislation Amendment (1996-97 Budget and Other Measures) Act 1997 .



 

1  Schedule 1 (paragraph (a) of the amendment of Schedule 2 (item 8))

Repeal the paragraph, substitute:

                     (a)  Omit “161 kilometres” (in column 1, wherever occurring), substitute “185.2 kilometres”.



 

2  Paragraph 18(g)

Repeal the paragraph, substitute:

                     (g)  by omitting subsections (2) and (3) and substituting the following subsections:

             (2)  If:

                     (a)  the rate of income support supplement applicable to a person who is not permanently blind is worked out by using the Income Support Supplement Rate Calculator Where There Are No Dependent Children at the end of section 45X; and

                     (b)  the maximum rate applicable to the person is increased by an amount worked out under the rent assistance Module of the Rate Calculator; and

                     (c)  an amount of that income support supplement is to be reduced under section 59T (compensation recovery);

the reduction is to be applied:

                     (d)  first—to that part of the amount that does not include the increase under the rent assistance Module; and

                     (e)  then—to the amount of the increase under the rent assistance Module.

             (3)  If:

                     (a)  the rate of income support supplement applicable to a person who is permanently blind is worked out by using the Income Support Supplement Rate Calculator Where There Are No Dependent Children at the end of section 45X; and

                     (b)  the person would be eligible to have rent assistance added to his or her maximum basic rate under point 45X-D2 if the person were not blind (i.e. if the rate of the person’s income support supplement were calculated using the Method statement set out in point 45X-B1 instead of that set out in point 45X-B2);

the person’s ceiling rate or adjusted ceiling rate (as the case may be) is taken to include an amount for rent assistance worked out under Module D of the Rate Calculator.



 

3  Item 4 of Schedule 1

Repeal the item, substitute:

4  Subsection 43(4) (definition of PA )

Omit “in Point 43-A1”.

4  Item 107 of Schedule 1

Repeal the item, substitute:

107  Point 42-E2

Omit “the couple’s ordinary incomes (on a yearly basis)”, substitute “the annual rates of the couple’s ordinary incomes”.



 

5  Item 8 of Schedule 4

Repeal the item, substitute:

8  After subparagraph 38(1)(c)(i)

Insert:

                     (ia)  whose partner or non-illness separated spouse, immediately before his or her death, was receiving an age service pension or an invalidity service pension, or would have been receiving such a pension if not for the operation of one or more disqualifying provisions; and



 

6  Item 11 of Schedule 6

Repeal the item, substitute:

11  Paragraph 52S(5)(eb)

Omit “section 52H”, substitute “sections 52H and 53AL”.

7  Item 12 of Schedule 6

Repeal the item, substitute:

12   Paragraph 52T(3)(cb)

Omit “section 52H”, substitute “sections 52H and 53AL”.



 

8  Item 13 of Schedule 17

Repeal the item, substitute:

13  Subsection 52(1)

After “52H,”, insert “52ZA, 52ZCA,”.



 

9  Paragraph 5H(8)(zb)

Repeal the paragraph, substitute:

                    (zb)  a payment to a veteran that is a bereavement payment under section 98A; or

10  Paragraph 5H(8)(zl) (last occurring)

Renumber as (zm).

11  Paragraph 5L(10A)(b)

Repeal the paragraph, substitute:

                 or (b)  income support supplement; or

                     (c)  a social security pension;

12  Subsection 5L(12)

After “service pension”, insert “or an income support supplement”.

13  Subparagraph 36H(2)(a)(iii)

Repeal the subparagraph, substitute:

                            (iii)  income support supplement; or

                            (iv)  a social security pension; and

14  At the end of subsection 36H(2)

Add:

Note:          For social security pension see subsection 5Q(1).

15  Subparagraph 37H(2)(a)(iii)

Repeal the subparagraph, substitute:

                            (iii)  income support supplement; or

                            (iv)  a social security pension; and

16  At the end of subsection 37H(2)

Add:

Note:          For social security pension see subsection 5Q(1).

17  Paragraph 52FA(1)(a)

Omit “or a social security pension”, substitute “, an income support supplement or a social security pension”.

18  Paragraph 52GA(1)(b)

Omit “or a social security pension”, substitute “, an income support supplement or a social security pension”.

19  Subparagraph 52GA(1)(c)(ii)

Omit “or a social security pension”, substitute “, an income support supplement or a social security pension”.

20  Subsection 93B(4)

Omit “21”, substitute “15B”.

21  Paragraph 118E(2)(a)

Omit “paragraph 118JA(c)”, substitute “paragraph 118A(1)(c)”.

22  Paragraph 118E(2)(b)

Omit “paragraph 118JA(a) or (b)”, substitute “paragraph 118A(1)(a) or (b)”.

23  Subsection 128(6)

After “States,”, insert “of the Australian Capital Territory,”.



 

24  Schedule 5

Renumber the items in the Schedule 1 to 7.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(213/96)