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Veterans' Entitlements Legislation Amendment (2007 Election Commitments) Bill 2008

Schedule 3 Extension of disability pension bereavement payments

   

Income Tax Assessment Act 1997

1  Section 52-65 (after table item 14.1)

Insert:

14.2

Section 98AA Bereavement payment

Not applicable

Exempt

2  Section 52-75 (after table item 14)

Insert:

14A

Section 98AA Bereavement payment

Not applicable

Section 98AA

Veterans’ Entitlements Act 1986

3  After section 98A

Insert:

98AA   Bereavement payments in respect of certain single, disabled veterans

             (1)  The Commission must pay an amount ( bereavement payment ), worked out in accordance with subsection (2), to the estate of a deceased veteran if:

                     (a)  immediately before the veteran died, he or she was not a member of a couple; and

                     (b)  immediately before the veteran died, he or she was being paid a pension under Part II as a veteran to whom subsection 22(4) or section 24 applied; and

                     (c)  the veteran died in indigent circumstances; and

                     (d)  an application for the bereavement payment is made in accordance with sections 111 and 112.

             (2)  The amount of the bereavement payment is 6 times the amount of the pension that would have been payable to the veteran, if he or she had not died, on the first pension pay day after he or she died.

Note:       The heading to section 98A is altered by inserting “ partnered, ” before “ disabled veterans ”.

4  Subsection 111(1)

After “allowances”, insert “, payments”.

5  After paragraph 111(1)(b)

Insert:

                    (ba)  bereavement payment under section 98AA;

6  Before subsection 112(1)

Insert:

          (1A)  An application for bereavement payment under section 98AA in respect of a deceased veteran must be made within 12 months after the death of the veteran.

7  Before paragraph 112(4)(a)

Insert:

                    (aa)  bereavement payment under section 98AA; or

8  At the end of paragraph 112(4)(a)

Add “or”.

9  Subsection 112(4)

After “subsection”, insert “(1A),”.

10  At the end of paragraph 115(1)(a)

Add “or”.

11  After paragraph 115(1)(a)

Insert:

                    (aa)  bereavement payment under section 98AA; or

12  At the end of paragraphs 115(1)(b), (c), (d) and (e)

Add “or”.

13  Paragraph 119(1)(ee)

After “allowance”, insert “, payment”.

14  Subsection 119(2) (paragraph (d) of the definition of application )

After “allowance”, insert “, payment”.

15  Subsection 175(4)

After “allowance”, insert “, payment”.

16  Application

(1)        The amendments of the Income Tax Assessment Act 1997 made by this Schedule apply in relation to bereavement payments received during the 2008-09 income year and later income years.

(2)        The amendments of the Veterans’ Entitlements Act 1986 made by this Schedule apply in relation to deaths of veterans occurring on or after 1 July 2008.

 

 

 

[ Minister’s second reading speech made in—

House of Representatives on 13 March 2008

Senate on 15 May 2008 ]

(49/08)