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Veterans' Affairs Legislation Amendment (2001 Budget Measures) Bill 2001
Schedule 3 Reinstatement of certain pensions and benefits

   

Veterans’ Entitlements Act 1986

1  Section 5 (index of definitions)

Insert the following entry in its appropriate alphabetical position, determined on a letter-by-letter basis:

reinstated pensioner

11AA

2  After paragraph 11(1)(c) (definition of dependant )

Insert:

                    (ca)  a reinstated pensioner; or

3  Subsection 11(1) (note)

Repeal the note, substitute:

Note 1:       A veteran may have more than one dependant of the kind referred to in paragraphs (a) to (d) at the same time.

Note 2:       For the meaning of reinstated pensioner see section 11AA.

Note 3:       Subsection (4) affects the meaning of widow in paragraph (c).

4  At the end of section 11

Add:

             (4)  In paragraph (1)(c), widow does not include a reinstated pensioner.

Note:          For the meaning of reinstated pensioner see section 11AA.

11AA   Reinstated pensioner

                   In this Act, unless the contrary intention appears:

reinstated pensioner means a person who the Commission has determined under section 13AG to be a reinstated pensioner.

5  After subsection 13(7)

Insert:

          (7A)  The Commonwealth is liable to pay a pension to a reinstated pensioner.

6  Subsection 13(8)

After “being”, insert “ a reinstated pensioner or”.

7  At the end of subsection 13(8)

Add:

Note:          For the meaning of reinstated pensioner see section 11AA.

8  Subsection 13(8A)

After “being”, insert “ a reinstated pensioner or”.

9  At the end of subsection 13(8A)

Add:

Note:          For the meaning of reinstated pensioner see section 11AA.

10  Subsection 13(11)

Omit “subsections”, substitute “subsections (7A),”.

11  After Division 2

Insert:

Division 2A Verification determinations for reinstated pensioners

13AA   Application for verification determination

                   A person who wants to be determined by the Commission to be a reinstated pensioner (a verification determination ) must make a proper application.

13AB   Who may apply

             (1)  An application for a verification determination may be made:

                     (a)  by the person (the applicant ) who wants to be determined to be a reinstated pensioner; or

                     (b)  with the approval of the applicant, by another person on behalf of the applicant.

             (2)  If the applicant is unable, by reason of physical or mental incapacity, to approve a person to make the application on his or her behalf, the Commission may approve another person to make the application.

13AC   Application for verification determination

                   An application for a verification determination:

                     (a)  must be in writing and in accordance with a form approved by the Commission; and

                     (b)  must be accompanied by such evidence available to the applicant as the applicant considers may be relevant to the application; and

                     (c)  must be made by forwarding to, or delivering at, an office of the Department in Australia the application and the evidence referred to in paragraph (b).

13AD   Lodgment of application

             (1)  To be a proper application, an application must be lodged:

                     (a)  at an office of the Department in Australia; or

                     (b)  at a place approved for this purpose by the Commission; or

                     (c)  with a person approved for this purpose by the Commission.

             (2)  A place or person approved under subsection (1) must be a place or person in Australia.

             (3)  An application is taken to have been lodged on the day it is received:

                     (a)  at an office of the Department in Australia; or

                     (b)  at a place approved under subsection (1); or

                     (c)  by a person approved under subsection (1).

13AE   Investigation by the Secretary

             (1)  If an application is made for a verification determination, the Secretary must investigate the matters to which the application relates.

             (2)  When the investigation is completed, the Secretary must submit the application to the Commission for its consideration and determination.

             (3)  When an application is submitted to the Commission it must be accompanied by:

                     (a)  any evidence supplied by the applicant in connection with the application; and

                     (b)  any documents or other evidence obtained by the Department in the course of the investigation that are relevant to the application; and

                     (c)  any other documents or other evidence under the control of the Department that are relevant to the application.

13AF   Duties of Commission in relation to application for verification determination

             (1)  If an application is submitted to the Commission in accordance with subsection 13AE(2), the Commission must:

                     (a)  consider all matters that, in the Commission’s opinion, are relevant to the application; and

                     (b)  determine all matters relevant to the determination of the application.

             (2)  Without limiting paragraph (1)(a), the matters that the Commission must consider include:

                     (a)  the evidence and documents that were submitted with the application; and

                     (b)  any further evidence subsequently submitted to the Commission in relation to the application.

13AG   Verification determination

             (1)  The Commission must determine that a person is a reinstated pensioner if the Commission is satisfied that:

                     (a)  the person was eligible for and receiving a pension, on or before 28 May 1984, under one of the repealed Acts as a widow of a deceased member of the Forces or a widow of an Australian Mariner; and

                     (b)  the person remarried on or before that date; and

                     (c)  the pension was cancelled under the repealed Act only because the person married or remarried.

             (2)  A determination under this section:

                     (a)  must be in writing; and

                     (b)  takes effect from the day, under section 13B, that pension becomes liable to be paid to the reinstated pensioner.

             (3)  In subsection (1):

Australian Mariner has the meaning it had in the Seamen’s War Pensions and Allowances Act 1940 .

pension means:

                     (a)  in relation to a repealed Act set out in paragraph (a) of the definition of repealed Act— pension (other than service pension) payable to a widow under that repealed Act in respect of the death of a member of the Forces; and

                     (b)  in relation to the Seamen’s War Pensions and Allowances Act 1940 —pension payable to a widow under that Act in respect of the death of an Australian Mariner.

repealed Act means:

                     (a)  an Act specified in Part I, II, III, IV or V of Schedule 1; or

                     (b)  the Seamen’s War Pensions and Allowances Act 1940 .

             (4)  A reference in subsection (1) to a member of the Forces is a reference to:

                     (a)  a member of the Forces within the meaning of:

                              (i)  Divisions 1, 6 and 8 of Part III of the Repatriation Act 1920 ; or

                             (ii)  the Repatriation (Far East Strategic Reserve) Act 1956 ; or

                            (iii)  the Repatriation (Special Overseas Service) Act 1962 ; and

                     (b)  a member of the Forces, or a member of a Peacekeeping Force, as defined by subsection 68(1) of this Act; and

                     (c)  a member of the Interim Forces within the meaning of the Interim Forces Benefits Act 1947 ; and

                     (d)  a person the incapacity or death of whom was taken, by section 7A of the Repatriation (Special Overseas Service) Act 1962 , to have resulted from an occurrence that happened during a period of special service of the person as a member of the Forces.

12  After section 13A

Insert:

13B   Reinstated pensioners to be automatically paid pension

             (1)  If the Commission makes a determination under section 13AG that a person is a reinstated pensioner, the pension payable to the reinstated pensioner under subsection 30(1) is payable:

                     (a)  without the reinstated pensioner having to make a claim for the pension under section 14; and

                     (b)  without the Commission having to make a determination under section 19.

             (2)  The Commonwealth is liable to pay the pension from the later of the following dates:

                     (a)  1 January 2002; or

                     (b)  the date that an application for the determination in respect of the reinstated pensioner was lodged under section 13AD.

13  Subsection 14(1)

After “veteran” (second occurring), insert “other than a reinstated pensioner”.

14  Subsection 30(1)

After “veteran” (second occurring), insert “or a reinstated pensioner in relation to the veteran”.

15  After subsection 70(10A)

Insert:

     (10AB)  The Commonwealth is liable to pay a pension to a reinstated pensioner.

16  Subsection 70(11)

After “being”, insert “a reinstated pensioner or”.

17  At the end of subsection 70(11)

Add:

Note:          For the meaning of reinstated pensioner see section 11AA.

18  Subsections 71(1), (2) and (4)

Before “3”, insert “2A,”.

19  After subsection 86(2)

Insert:

          (2A)  A reinstated pensioner is eligible to be provided with treatment under this Part for any injury suffered or disease contracted by the pensioner whether before or after the commencement of this Act. The pensioner is eligible from and including the date as from which a pension under Part II:

                     (a)  became payable to the pensioner; or

                     (b)  would have become payable except for:

                              (i)  the operation of subsection 30(3); or

                             (ii)  the pensioner being in receipt of a pension under the Social Security Act.

20  Subsection 100(1)

Repeal the subsection, substitute:

             (1)  If:

                     (a)  a dependant (other than a reinstated pensioner) of a deceased veteran, being:

                              (i)  a veteran whose death was war-caused; or

                             (ii)  a veteran who, immediately before his or her death, was being paid pension under Part II as a veteran to whom section 24 applied; or

                            (iii)  a veteran who, immediately before his or her death, was being paid pension under Part II at a rate that had been increased under section 27 by reason that the veteran was incapacitated from a war-caused injury or a war-caused disease of a kind described in item 1, 2, 3, 4, 5, 6, 7 or 8 in the table in subsection 27(1); or

                     (b)  a reinstated pensioner;

has died in indigent circumstances, the Commission may grant a benefit, called funeral benefit, towards the funeral expenses incurred in respect of the funeral of the dependant.

Note:          See sections 111 and 133 for the making of an application for a funeral benefit under this subsection.

21  After subsection 175(1)

Insert:

          (1A)  If the Commission under section 13AG makes a decision that a verification determination should not be made in respect of a person, the person may apply to the Administrative Appeals Tribunal for a review of the decision.

22  Subsection 175(2A)

Before “(2)”, insert “(1A),”.