Skip to main
Help and resources
Register
for My Account
Sign in
to My Account
Search
Australian Government
Federal Register of Legislation
Site navigation
Constitution
Acts
Legislative instruments
Notifiable instruments
Gazettes
Administrative Arrangements
Prerogative instruments
Norfolk Island
Home
Acts
In force
Text
Details
Authorises
Downloads
All versions
Interactions
Veterans' Entitlements Act 1986
In force
Administered by
Department of Veterans' Affairs
Superseded version
Click for more info
View latest version
View as made version
Order print copy
Save this title to My Account
Set up an alert
C2016C00333 C129
20 March 2016
-
05 May 2016
Legislation text
View document
Select value
Act
Filter active
Table of contents
Enter text to search the table of contents
Collapse
Volume 1
Collapse
Part I—Preliminary
1 Short title
2 Commencement
3 Repeal
4 Extension of Act to external Territories
4A Application of the Criminal Code
5 Definitions—simplified outline
5A Repatriation Commission definitions
5AB Repatriation Medical Authority and Specialist Medical Review Council definitions
5B War and operational area related definitions
5C Eligibility related definitions
5D Injury/disease definitions
5E Family relationships definitions—couples
5F Family relationships definitions—children
5G Australian residence definitions
5GA Pension supplement rate definitions
5H Income test definitions
5I Special Rate Disability Pension reduction amount
5J Financial assets and income streams definitions
5JA Meaning of asset test exempt income stream—lifetime income streams
5JB Meaning of asset test exempt income stream—life expectancy income streams
5JBA Meaning of asset test exempt income stream—market linked income streams
5JC Family law affected income streams
5JD Asset tested status of secondary FLA income streams
5K Maintenance income definitions
5L Assets test definitions
5LA Principal home definition for the purpose of the assets test
5M Retirement village definitions
5MA Granny flat definitions
5MB Sale leaseback definitions
5MC Special residence and resident definitions
5N Rent definitions
5NA Indexation and rate adjustment definitions
5NB Compensation recovery definitions
5NC In care definitions
5P Retirement assistance for farmers definitions
5PAA Retirement assistance for sugarcane farmers definitions
5PB Seniors health card definitions
5PC Exempt funeral investments
5Q Dictionary
5QAA Equal amounts
5QA Pension age for veterans
5QB Pension age for persons other than veterans
5R Determinations having interpretative effect
5T Lodgment of claims, applications, requests and documents
5U Notes
6 Operational service—general outline
6A Operational service—world wars
6B Operational service—Australian mariners
6C Operational service—post World War 2 service in operational areas
6D Operational service—other post World War 2 service
6DA Operational service—minesweeping and bomb/mine clearance service
6DB Operational service—service on submarine special operations from 1978 to 1992
6E Operational service—Korean demilitarised zone and Vietnam
6F Operational service—warlike and non warlike service
7 Eligible war service
7A Qualifying service
8 War caused death
9 War caused injuries or diseases
9A Most war caused injuries, diseases and deaths no longer covered by this Act
10 Child of a veteran or other person
10A Parent of a person
11 Dependants
11AA Reinstated pensioner
11A De facto relationships
11B Domicile
Collapse
Part II—Pensions, other than service pensions, for veterans and their dependants
Collapse
Division 1—Interpretation
12 Interpretation
Division 2—Eligibility for pension
13 Eligibility for pension
Division 2A—Verification determinations for reinstated pensioners
13AA Application for verification determination
13AB Who may apply
13AC Application for verification determination
13AE Investigation by the Secretary
13AF Duties of Commission in relation to application for verification determination
13AG Verification determination
Division 3—Claims for pensions and applications for increases in pensions
13A Certain dependants to be automatically paid pension
13B Reinstated pensioners to be automatically paid pension
14 Claim for pension
15 Application for increase in pension
16 Who may make claim or application
17 Investigation by the Secretary
18 Duties of Commission in relation to pensions
19 Determination of claims and applications
19A Refusal to undergo medical examination etc. may delay consideration of claim or application
20 Dates of effect that may be specified in respect of grant of claim for pension
21 Dates of effect that may be specified in respect of grant of applications under section 15
Division 4—Rates of pensions payable to veterans
21A Determination of degree of incapacity
22 General rate of pension and extreme disablement adjustment
23 Intermediate rate of pension
24 Special rate of pension
24A Continuation of rates of certain pensions
25 Temporary payment at special rate
25A Offsetting certain SRCA payments
26 Reduction in rate of pension in certain cases
27 Increased rates of pension in certain cases
27A Calculation of arrears of pension
27B Certain decisions under section 27A reviewable under the Social Security Act
28 Capacity to undertake remunerative work
29 Guide to the assessment of rates of veterans’ pensions
Division 5—Rates of pensions payable to dependants of deceased veteran
30 Rates at which pensions are payable to dependants
Division 5A—Effect of certain compensation payments on rates of pension
30A This Division does not apply to certain payments
30B Interpretation
30C Lump sum compensation payment
30D Periodic payment of compensation
30E Proceedings against third party
30F Failure to comply with Commission’s request made under section 30E
30G Payment of damages by third party to Commonwealth
30H Payment of damages by third party where agreement, or an award against the person, to pay damages has been made
30I Debt due to the Commonwealth
30J Discharge of liability
30K Discharge of liability of Commonwealth to pay damages
30L Other payments of compensation
30M Commission may require a statutory declaration
30N Failure to comply with statutory declaration requirement
30P Overpayments of pension
Division 6—Reviews of pensions by Commission
31 Review by Commission
Division 7—Procedural
32 Commission may take evidence
33 Withdrawal of claim or application
34 Reasons for decisions to be given
Collapse
Part III—Service pensions
Collapse
Division 1—General features
35 Order and structure of Divisions
35A Eligibility for and payability of service pension
Collapse
Division 2—Claim for qualifying service
Collapse
Subdivision A—Claim
35B Need for a claim
35C Who can claim?
35D Making a claim
35F Claim may be withdrawn
35FB Oral withdrawal of a claim
35FC Acknowledgment of oral withdrawal of a claim
35FD Reactivating the withdrawn claim
Subdivision B—Investigation of claim
35G Secretary to investigate claim and submit it to Commission
Subdivision C—Consideration and determination of claim
35H Duties of Commission in relation to claim
35J Determination of qualifying service to be proof of qualifying service
Division 3—Age service pension
Collapse
Subdivision A—Eligibility for and payability of age service pension
36 Eligibility for age service pension
36A Age service pension may not be payable in some circumstances
36B Age service pension generally not payable before claim
36C Restrictions on dual pensions
36CA Exclusion of certain participants in ABSTUDY Scheme
Collapse
Subdivision B—Claim for age service pension
36D Need for a claim
36E Who can claim?
36F Making a claim
36H Claimant must be Australian resident and in Australia
36J Claim may be withdrawn
36JB Oral withdrawal of a claim
36JC Acknowledgment of oral withdrawal of a claim
36JD Reactivating the withdrawn claim
36JE Secretary may require claimant or claimant’s partner to take action to obtain a comparable foreign pension
Collapse
Subdivision C—Investigation of claim
36K Secretary to investigate claim and submit it to Commission
Collapse
Subdivision D—Consideration and determination of claim
36L Duties of Commission in relation to claim
36M Date of effect of determination
Collapse
Subdivision E—Rate of age service pension
36N How to work out the rate of a veteran’s age service pension
Division 4—Invalidity service pension
Collapse
Subdivision A—Eligibility for and payability of invalidity service pension
37 Eligibility for invalidity service pension
37AA Commission must determine circumstances in which persons are permanently incapacitated for work
37AAA Continued eligibility for invalidity service pension if person undertaking a rehabilitation program etc.
37A Invalidity service pension may not be payable in some circumstances
37B Invalidity service pension generally not payable before claim
37C Restrictions on dual pensions
37CA Exclusion of certain participants in ABSTUDY Scheme
Collapse
Subdivision B—Claim for invalidity service pension
37D Need for a claim
37E Who can claim?
37F Making a claim
37H Claimant must be Australian resident and in Australia
37J Claim may be withdrawn
37JB Oral withdrawal of a claim
37JC Acknowledgment of oral withdrawal of a claim
37JD Reactivating the withdrawn claim
37JE Secretary may require claimant or claimant’s partner to take action to obtain a comparable foreign pension
Collapse
Subdivision C—Investigation of claim
37K Secretary to investigate claim and submit it to Commission
Collapse
Subdivision D—Consideration and determination of claim
37L Duties of Commission in relation to claim
37M Date of effect of determination
Collapse
Subdivision E—Rate of invalidity service pension
37N How to work out the rate of a veteran’s invalidity service pension
Division 5—Partner service pension
Collapse
Subdivision A—Eligibility for and payability of partner service pension
38 Eligibility for partner service pension
38AA Disclosure or use of personal information relevant to partner service pension eligibility
38A Partner service pension may not be payable in some circumstances
38B Partner service pension generally not payable before claim
38C Restrictions on dual pensions
38CA Exclusion of certain participants in ABSTUDY Scheme
Collapse
Subdivision B—Claim for partner service pension
38D Need for a claim
38E Who can claim?
38F Making a claim
38H Claimant must be Australian resident and in Australia
38J Claim may be withdrawn
38JB Oral withdrawal of a claim
38JC Acknowledgment of oral withdrawal of a claim
38JD Reactivating the withdrawn claim
38JE Secretary may require claimant or claimant’s partner to take action to obtain a comparable foreign pension
Collapse
Subdivision C—Investigation of claim
38K Secretary to investigate claim and submit it to Commission
Collapse
Subdivision D—Consideration and determination of claim
38L Duties of Commission in relation to claim
38M Date of effect of determination
Collapse
Subdivision E—Rate of partner service pension
38N How to work out the rate of a person’s partner service pension
Collapse
Part IIIA—Income support supplement
Collapse
Division 1—Eligibility for and payability of income support supplement
45A Eligibility for income support supplement
45B Income support supplement may not be payable in some circumstances
45C Income support supplement generally not payable before claim
45D Restrictions on dual pensions
45DA Exclusion of certain participants in ABSTUDY Scheme
45E Election to continue to receive social security pension
45F Claim for social security pension by war widower or war widow pending at commencement of Part
45G Review of decision rejecting a claim by war widower or war widow for social security pension pending at commencement of Part
45H Review of decision concerning rate of social security pension paid to war widower or war widow pending at commencement of Part
Collapse
Division 2—Claim for income support supplement
45I Need for a proper claim
45J Who can claim?
45K Making a claim
45M Claimant must be Australian resident and in Australia
45N Not necessary to make a claim in certain circumstances
45NA Claim may be withdrawn
45NC Oral withdrawal of a claim
45ND Acknowledgment of oral withdrawal of a claim
45NE Reactivating the withdrawn claim
45NF Secretary may require claimant or claimant’s partner to take action to obtain a comparable foreign pension
Collapse
Division 3—Investigation of claim
45P Secretary to investigate claim and submit it to Commission
Collapse
Division 4—Consideration and determination of claim
45Q Duties of Commission in relation to claim
45QA Commission must determine circumstances in which persons are permanently incapacitated for work
45R Date of effect of determination
Collapse
Division 5—Rate of income support supplement
45S How to work out the rate of income support supplement
Collapse
Part IIIAB—Pension bonus
Collapse
Division 1—Introduction
45T Simplified outline
45TA Definitions
45TB Special date of eligibility for a designated pension
Collapse
Division 2—Qualification for pension bonus
45TC Qualification for pension bonus
Collapse
Division 3—Registration as a member of the pension bonus scheme
Collapse
Subdivision A—Membership of the pension bonus scheme
45TD Application for registration
45TE Making an application
45TF Relevant information
45TH Timing of application and registration
45TI Registration
45TJ Duration of membership
45TK Cancellation of membership
45TL Application for registration is not to be treated as a claim
Collapse
Subdivision B—Classification of membership of the pension bonus scheme
45TM Accruing membership
45TN Non accruing membership—preclusion periods
45TO Non accruing membership—Commission’s discretion
45TP Continuity of accruing membership is not broken by a period of non accruing membership
45TQ Post 70/75 membership
Collapse
Division 4—Accrual of bonus periods
45TR Accrual of bonus periods
Collapse
Division 5—Passing the work test
Collapse
Subdivision A—The work test
45TS Work test—full year period
45TT Work test—part year period
45TU Commission’s discretion to treat gainful work outside Australia as gainful work in Australia
Collapse
Subdivision B—Gainful work
45TV Gainful work—basic rule
45TW Commission’s discretion to treat activity as gainful work
45TX Irregular, infrequent and minor absences from a workplace count as gainful work
45TY Management of family financial investments does not count as gainful work
45TZ Domestic duties in relation to a person’s place of residence do not count as gainful work
45U Evidentiary certificate
Collapse
Subdivision C—Record keeping requirements
45UA Record keeping requirements
Collapse
Division 6—Amount of pension bonus
45UB How to calculate the amount of pension bonus
45UC Qualifying bonus periods
45UD Overall qualifying period
45UE Pension multiple
45UF Annual pension rate
45UG Amount of pension bonus
45UH Annual notional single pension rate
45UI Annual notional partnered pension rate
45UIA Apportioned amount
45UIB Top up of pension bonus for increased rate of designated pension
45UIC Top up of pension bonus in specified circumstances
Collapse
Division 7—Claim for pension bonus
45UJ Need for a claim
45UK Proper claim
45UL Lodgment period for claim
45UM Withdrawal of claim
Collapse
Division 8—Determination of claim
45UN Secretary to investigate claim and submit it to Commission
45UO Commission to determine claim
45UP Grant of claim
Collapse
Division 9—Payment of pension bonus
45UQ Payment of pension bonus
45UR Payment of bonus after death
Collapse
Division 10—Protection of pension bonus
45US Pension bonus to be absolutely inalienable
Collapse
Division 11—Preclusion periods
45UT Disposal preclusion period—dispositions before 1 July 2002
45UTA Disposal preclusion period—dispositions on or after 1 July 2002
45UU Carer preclusion period
Collapse
Division 11A—Pension bonus bereavement payment
45UUA Qualification for pension bonus bereavement payment
45UUB Amount of pension bonus bereavement payment
45UUC Definition of PBBP employment income
45UUD Need for a claim for pension bonus bereavement payment
45UUE Proper claim
45UUF Lodgment period for claim
45UUG Withdrawal of claim
45UUH Secretary to investigate claim and submit it to Commission
45UUI Commission to determine claim
45UUJ Grant of claim
45UUK Payment of pension bonus bereavement payment
45UUL Payment of pension bonus bereavement payment after death
Collapse
Division 12—Modification of this Part in relation to certain persons previously qualified for age pension under social security law
45UV Persons to whom this Division applies
45UW Commission may request the provision of information
45UX Commission may determine whether periods occurring before becoming a war widow/war widower—pensioner are bonus periods under the social security law
45UY Modification of provisions of this Part in respect of persons to whom this Division applies
Collapse
Volume 2
Collapse
Part IIIB—Provisions applicable to service pensions and income support supplement
Division 1—Ordinary income concept
46 General meaning of ordinary income
46A Certain amounts taken to be received over 12 months
Division 1A—Work bonus
46AA Income concession
46AB Meaning of employment income
46AC Unused concession balance
46AD No double income reductions under sections 46AA and 115G
Division 2—Business income
46B Ordinary income from a business—treatment of trading stock
46C Permissible reductions of business income
Division 3—Income from financial assets (including income streams (short term) and certain income streams (long term))
46D Deemed income from financial assets—persons other than members of couples
46E Deemed income from financial assets—members of a couple
46H Deeming threshold
46J Below threshold rate, above threshold rate
46K Actual return on financial assets not treated as ordinary income
46L Certain money and financial investments not taken into account
46M Valuation and revaluation of certain financial investments
Division 4—Income from income streams not covered by Division 3
Subdivision B—Income streams that are not family law affected income streams
46SA Scope of Subdivision
46T Income from asset test exempt income stream
46U Income—income stream not a defined benefit income stream
46V Income—income stream is a defined benefit income stream
46VA Income from market linked asset test exempt income stream
46W Income from asset tested income stream (long term)
46X Income—income stream not a defined benefit income stream
46Y Income—income stream is a defined benefit income stream
46YA Income from certain low payment asset tested income streams
Subdivision C—Family law affected income streams
46Z Scope of Subdivision
46ZA Income from asset test exempt income streams
46ZB Income from asset tested income stream (long term)
46ZC Decision making principles
Division 6—Income tests—conversion of foreign currency amounts
47 Application of Division
47A Conversion of foreign currency amounts
47B Base exchange rate
47C Re assessed exchange rate
47D Applicability of re assessed exchange rate
47E Rounding off exchange rates
Division 7—Income tests—disposal of ordinary income
48 Disposal of ordinary income
48A Amount of disposition
48B Disposal of ordinary income—not a member of a couple
48C Disposal of ordinary income—members of couples
48E Dispositions more than 5 years old to be disregarded
Division 8—Retirement assistance for farmers
Subdivision 1—General
49 Purpose of Division
49AA Applicable cut off date
49AB Pre assessment request
49A Division to apply to certain transfers of estates in farms etc.
49B How to assess the value of farms etc. subject to a transfer
Subdivision 2—Modification of provisions relating to assets test
49C Transfer of estate in farm etc. not disposal of an asset
Subdivision 3—Claims for service pension or income support supplement
49D Provisional commencement day
Subdivision 4—Requests for increase in rate of service pension or income support supplement
49E Application
49F Request for increase
49G Making a request
49H Determination of request
Subdivision 5—Farmers’ income test
49J Does a person satisfy the farmers’ income test?
Subdivision 6—Transitional: ex gratia payments
49K Ex gratia payments
Division 8A—Retirement assistance for sugarcane farmers
Subdivision A—General
49L Purpose of Division
49M RASF commencement and closing days
49N Applicable cut off date
49P Pre assessment request
49Q Division to apply to certain transfers of estates in sugarcane farms etc.
49R How to assess the total net value of sugarcane farms etc. subject to a transfer
Subdivision B—Modification of provisions relating to assets test
49S Transfer of estate in sugarcane farm etc. not disposal of an asset
Subdivision C—Claims for service pension or income support supplement
49T Provisional commencement day
Subdivision D—Requests for increase in rate of service pension or income support supplement
49U Application
49V Request for increase
49W Making a request
49X Determination of request
Subdivision E—Sugarcane farmers’ income test
49Y Does a person satisfy the sugarcane farmers’ income test?
Division 9—New Enterprise Incentive Scheme
50 General effect of Division
50A Reduction in rate of payments under this Part if recipient or partner also receiving payments under NEIS
50B Rate reduction under this Division
Division 11—General provisions relating to the assets test
Subdivision A—Value of person’s assets
52 Certain assets to be disregarded in calculating the value of a person’s assets
52AA Value of superannuation investments determined by Minister to be disregarded
52A Value of asset tested income streams that are not defined benefit income streams
52B Value of asset tested income streams that are defined benefit income streams
52BA Value of asset tested FLA income streams
52BB Value of partially asset test exempt income streams
52BC Value of superannuation reserves for superannuation funds of 4 members or less
52C Effect of charge or encumbrance on value of assets
52CA Effect of certain liabilities on value of assets used in primary production
52D Loans
Subdivision B—Dispositions of assets (general provisions)
52E Disposal of assets
52F Amount of disposition
52FAAA Application of asset deprivation rules to cease in respect of certain assets
Subdivision BA—Dispositions of assets before 1 July 2002
52FAA Application
52FA Disposal of assets in pre pension years—not a member of a couple
52G Disposal of assets in pension years—not a member of a couple
52GA Disposal of assets in pre pension years—members of couples
52H Disposal of assets in pension years—members of couples
52J Dispositions more than 5 years old to be disregarded
Subdivision BB—Dispositions of assets on or after 1 July 2002
52JA Disposition of assets in tax year—individuals
52JB Dispositions of assets in 5 year period—individuals
52JC Disposition of assets in tax year—members of couples
52JD Disposition of assets in 5 year period—members of couples
52JE Certain dispositions to be disregarded
Subdivision C—Provisions relating to special residences and special residents
52KA Application of Subdivision to granny flat residents
52L Basis for different treatment
52M Entry contribution
52N Extra allowable amount
52P Renegotiation of retirement village agreement
52Q Residents who are not members of a couple
52R Members of couples
52S Members of illness separated couple (both in special residences)
52T Members of illness separated couple (partner not in special residence and partner property owner)
52U Members of illness separated couple (partner not in special residence and partner not property owner)
52V Members of ordinary couple with different principal homes (both in special residences)
52W Members of ordinary couple with different principal homes (partner not in special residence and partner property owner)
52X Members of ordinary couple with different principal homes (partner not in special residence and partner not property owner)
Subdivision D—Financial hardship
52Y Access to financial hardship rules
52Z Application of financial hardship rules
Subdivision E—Pension loans scheme
52ZAAA Pension loans scheme definitions
52ZA Eligibility for participation in pension loans scheme
52ZB Effect of participation in pension loans scheme—pension rate
52ZC Effect of participation in pension loans scheme—creation of debt
52ZCA Effect of participation in pension loans scheme—maximum loan available
52ZD Need for a request to participate
52ZE Need for a request to later nominate or change guaranteed amount or rate of pension
52ZF Existence of debt results in charge over real assets
52ZG Debt not to be recovered until after death
52ZH Enforcement of charge
52ZJ Person ceases to participate in pension loans scheme if debt exceeds maximum loan available
52ZK Person withdraws from pension loans scheme
52ZKA Repayment or recovery of debt after pension loans scheme ceases to operate because debt exceeds maximum loan available or person withdraws
52ZL Registration of charge
52ZM Manner of enforcement of charge
Subdivision F—Commutation of asset test exempt income stream
52ZMA Debt resulting from commutation of asset test exempt income stream contrary to subsection 5JA(2), 5JB(2) or 5JBA(2)
Division 11A—Means test treatment of private companies and private trusts
Subdivision A—Introduction
52ZN Simplified outline
52ZO Definitions
52ZP Relatives
52ZQ Associates
52ZR When a company is sufficiently influenced by an entity
52ZS Majority voting interest in a company
52ZT Entitled to acquire
52ZU Transfer of property or services
52ZV Constructive transfers of property or services to an entity
52ZW Active involvement with a primary production enterprise
52ZX Power to veto decisions of a trustee
52ZY Extra territorial operation
52ZZ Application to things happening before commencement
Subdivision B—Designated private companies
52ZZA Designated private companies
Subdivision C—Designated private trusts
52ZZB Designated private trusts
Subdivision D—Controlled private companies
52ZZC Controlled private companies
52ZZD Direct voting interest in a company
52ZZE Voting power
52ZZF Direct control interest in a company
52ZZG Interest in a share
Subdivision E—Controlled private trusts
52ZZH Controlled private trusts
52ZZI Interest in a trust
Subdivision F—Attributable stakeholders and attribution percentages
52ZZJ Attributable stakeholder, asset attribution percentage and income attribution percentage
Subdivision G—Attribution of income of controlled private companies and controlled private trusts
52ZZK Attribution of income
52ZZL No double counting of attributed income
52ZZM Ordinary income of a company or trust
52ZZN Ordinary income from a business—treatment of trading stock
52ZZO Permissible reductions of business and investment income
52ZZP Derivation periods
52ZZQ Attribution periods
Subdivision H—Attribution of assets of controlled private companies and controlled private trusts
52ZZR Attribution of assets
52ZZS When attributed asset is unrealisable
52ZZT Effect of charge or encumbrance on value of assets
52ZZU Effect of unsecured loan on value of assets
52ZZV Value of company’s or trust’s assets etc.
Subdivision I—Modification of asset deprivation rules
52ZZW Individual disposes of asset to company or trust
52ZZX Disposal of asset by company or trust
52ZZY Individual ceases to be an attributable stakeholder of a company or trust
52ZZZ Individual disposes of asset to company or trust before 1 January 2002—individual is attributable stakeholder
52ZZZA Individual disposes of asset to company or trust before 1 January 2002—individual’s spouse is attributable stakeholder
Subdivision J—Modification of income deprivation rules
52ZZZB Individual disposes of ordinary income to company or trust
52ZZZC Disposal of income by company or trust
52ZZZD Individual disposes of income to company or trust before 1 January 2002—individual is attributable stakeholder
52ZZZE Individual disposes of income to company or trust before 1 January 2002—individual’s spouse is attributable stakeholder
Subdivision K—Concessional primary production trusts
52ZZZF Concessional primary production trusts
52ZZZG Individual ceases to be an attributable stakeholder of a trust—receipt of remuneration or other benefits from trust during asset deprivation period
52ZZZH Net value of asset
52ZZZI Value of entity’s assets
52ZZZJ When asset is controlled by an individual
52ZZZK Adjusted net value of asset
52ZZZL Adjusted net primary production income
52ZZZM Net income of a primary production enterprise
52ZZZN Net income from a primary production enterprise—treatment of trading stock
52ZZZO Permissible reductions of income from carrying on a primary production enterprise
Subdivision L—Anti avoidance
52ZZZP Anti avoidance
Subdivision M—Decision making principles
52ZZZQ Decision making principles
Subdivision N—Information management
52ZZZR Transitional period
52ZZZS Information gathering powers
52ZZZT Commission may obtain tax information
52ZZZU Disclosure of tax information
52ZZZV Disclosure of tax file number information
Division 11B—Private financial provision for certain people with disabilities
Subdivision A—Special disability trusts
52ZZZW What is a special disability trust?
52ZZZWA Beneficiary requirements
52ZZZWB Trust purpose requirements
52ZZZWC Trust deed requirements
52ZZZWD Trustee requirements
52ZZZWE Trust property requirements
52ZZZWEA Trust expenditure requirements
52ZZZWF Reporting requirements
52ZZZWG Audit requirements
52ZZZWH Waiver of contravention of this Division
Subdivision B—Income of special disability trusts
52ZZZWI Attribution of income
52ZZZWJ Income amounts from special disability trusts
Subdivision C—Assets of special disability trusts
52ZZZWK Attribution of assets
Subdivision D—Transfers to special disability trusts
52ZZZWL Effect of certain transfers to special disability trusts
52ZZZWM The effect of exceeding the $500,000 limit
52ZZZWN Transfers by the immediate family members prior to reaching pension age etc.
52ZZZWO Transfers by principal beneficiaries or partners
52ZZZWP Cessation of special disability trusts
52ZZZWQ Effect of this Subdivision
Division 12—Service pensioner and income support supplement recipient benefits
Subdivision A—Introduction
53 Fringe benefits and treatment at Departmental expense for certain service pensioners
Subdivision B—Fringe benefits
53A Fringe benefits
53B Commission must determine continued fringe benefits eligibility circumstances
Subdivision C—Treatment at Departmental expense
53D Eligibility for treatment at Departmental expense
53E Veterans to satisfy certain conditions
Division 12A—Payments after bereavement
Subdivision A—Bereavement period
53H Definition
Subdivision B—Death of pensioner’s partner (where partner was receiving a pension or a social security pension)
53J Application
53K What happens if pensioner’s reassessed rate equals or exceeds combined pensioner couple rate
53L What happens if pensioner’s reassessed rate is less than combined pensioner couple rate
53M Determination of amount of pension and social security pension
53N Transfer to another pension
53NA No liability of financial institution for certain payments to pensioner
Subdivision C—Death of pensioner
53P Application
53Q Payment of one instalment
Subdivision D—Death of dependent child
53R Application
53S When reassessed pension rate in respect of pensioner comes into effect
53T Bereavement payment
Division 13—Recipient obligations
54 Secretary may require notification of an event or change of circumstances
54A Secretary may require recipient to give particular information relevant to the payment of pension
54AA Secretary may require recipient to give information, produce documents or appear before an officer
54B Document served with a section 54 notice
54BA Secretary may require a person to whom a service pension or income support supplement is being paid or the person’s partner to take action to obtain a comparable foreign pension
54C Interpretation
Division 14—Pensioners in certain institutions
55 Pension may be suspended or forfeited when pensioner in gaol or in psychiatric confinement following criminal charge
55A Instalments may be redirected to partner or child
Division 15—Variation and termination
56 Automatic termination or rate reduction—recipient complying with section 54 notification obligations
56A Automatic termination—recipient not complying with section 54 notification obligations
56B Automatic rate reduction—recipient not complying with section 54 notification obligations
56C Rate increase determination
56D Rate reduction determination
56DA No rate increase or reduction for small amounts
56E Cancellation or suspension determination—general
56EA Cancellation or suspension determination for failure to comply with section 54A notice
56EB Cancellation or suspension for failure to take action to obtain a comparable foreign pension
56EC Cancellation determination where pension not payable
56F Resumption of a payment after suspension
56G Date of effect of favourable determination
56GA Date of effect of determination under section 56C—dependent child
56H Date of effect of adverse determination
56J Pension may be cancelled at pensioner’s request
56K Pension may be suspended if instalments not drawn
56L Commission may end suspension
56M Effect of cancellation or suspension
56N Changes to payments by computer
Division 16—Review of decisions
57 Claimants and service pensioners may seek review of certain decisions
57A Application for review
57B Commission’s powers where request for review
57C Date of effect of certain review decisions
57D Commission must make written record of review decision and reasons
57E Person who requested review to be notified of decision
57F Powers of Commission to gather evidence
57G Withdrawal of request for review
57H Commission may reimburse certain expenses
Division 17—Administration of pension payments
Subdivision A—General administration of pension payments
58 Application of Subdivision
58A Payment by instalments
58C Manner of payment
58D Agents
58E Pension payday falling on public holiday etc.
58F Payment into bank account etc.
58J Payments to Commissioner of Taxation or Child Support Registrar
Subdivision B—Payment of pension outside Australia
58K Age, invalidity and partner service pensions and income support supplement generally portable
58L Payment of pension outside Australia
58M No portability if claim based on short term residence
58N Transfer to portable pension
Division 18—Indexation
Subdivision A—Preliminary
59 Analysis of Division
59A Indexed and adjusted amounts
Subdivision B—CPI indexation
59B CPI Indexation Table
59C Indexation of amounts
59D Indexation factor
59E Rounding off indexed amounts
59EAA Indexation using Pensioner and Beneficiary Living Cost Index
59EAB Living cost indexation factor
59EAC Rounding off amounts
59EA Certain indexed amounts to be increased in line with increases in Male Total Average Weekly Earnings
Subdivision C—Adjustment of other rates
59G Adjustment of single pension rate MBR amount
59GA Adjustment of rent free area
59GB Adjustment of adjusted income free area
59H Adjustment of pension “single” non property owner AVL
59J Adjustment of special illness separated special resident AVL
59LA Adjustment of ceiling rate
Collapse
Part IIIC—Compensation recovery
Collapse
Division 1—General
59M General effect of Part
59N Certain lump sums to be treated as though they were received as periodic payments
59O Effect of certain State and Territory laws
Collapse
Division 2—Enforcement of compensation rights
59P Commission may require person to take action to obtain compensation
Collapse
Division 3—Receipt of compensation
59Q Pension etc. not payable during lump sum preclusion period
59QA Deemed lump sum payments arising from separate payments
59R Person may have to repay amount where both lump sum and pension have been received
59S Lump sum compensation not counted as ordinary income
59T Effect of periodic compensation payments on rate of person’s compensation affected pension
59TA Effect of periodic compensation payments on rate of partner’s compensation affected pension
59U Claim for compensation affected pension granted to person qualified for compensation affected payment under Social Security Act
59V Rate reduction under both income/assets test and this Part
59W Person may have to repay amount where both periodic compensation payments and pension have been received
59X Periodic compensation payments not counted as ordinary income
Collapse
Division 4—Compensation payers
59Y Commission may send preliminary notice to potential compensation payer
59Z Potential compensation payer must notify Department of liability
59ZA Commission may send recovery notice to compensation payer
59ZB Preliminary notice or recovery notice suspends liability to pay compensation
59ZC Compensation payer’s payment to Commonwealth discharges liability to compensation recipient
59ZD Offence to make compensation payment after receiving preliminary notice or recovery notice
Collapse
Division 5—Insurers
59ZE Commission may send preliminary notice to insurer
59ZF Insurer must notify Department of liability
59ZG Commission may send recovery notice to insurer
59ZH Preliminary notice or recovery notice to insurer suspends both insurer’s and compensation payer’s liability
59ZI Insurer’s payment to Commonwealth discharges liability
59ZJ Offence to make compensation payment after receiving preliminary notice or recovery notice
Collapse
Division 6—Miscellaneous
59ZK Commission may give recovery notice either to compensation payer or to insurer but not to both
59ZL Commission may disregard some payments
59ZM Part to bind Crown
Collapse
Part IIID—Quarterly pension supplement
60 When this Part applies
60A Quarterly pension supplement
60B Rate of quarterly pension supplement
60C Payment of quarterly pension supplement
Collapse
Part IIIE—Clean energy payments
Collapse
Division 1—Clean energy advances
Collapse
Subdivision A—Eligibility for clean energy advances
61A Persons receiving clean energy underlying payments
61B One advance for each clean energy underlying payment
Collapse
Subdivision B—Amount of a clean energy advance
61C Amount of a clean energy advance
61D Clean energy advance daily rate
61E Number of advance days
Collapse
Subdivision C—Top up payments of clean energy advance
61F Top up payments of clean energy advance
Collapse
Subdivision D—Payment of clean energy advance
61G Payment of clean energy advance
Collapse
Subdivision E—Debts
61H Debts relating to clean energy advances
Collapse
Division 2—Energy supplements
Collapse
Subdivision A—Energy supplements for pensions under Parts II and IV
62A Energy supplement for disability pension
62B Energy supplement for war widow/war widower pension
62C Disregard nil rate in certain circumstances
62D Electing for quarterly payment of energy supplement for pension under Part II or IV
Collapse
Subdivision B—Quarterly energy supplement for service pension
62E Quarterly energy supplement for service pension
Collapse
Division 3—Essential medical equipment payment
Collapse
Subdivision A—Definitions
63A Definitions
Collapse
Subdivision B—Eligibility for essential medical equipment payment
63B Eligibility for essential medical equipment payment
63C The medical needs requirement
63D The concession card requirement
63E The energy account requirement
63F Availability of payments
63G Amount of payment
63H Debts arising in respect of essential medical equipment payments
Collapse
Subdivision C—Claim for essential medical equipment payment
63J Need for a claim
63K Special requirements regarding claims for essential medical equipment payment
63L Who can claim?
63M Making a claim
63N Claimant must be an Australian resident
63P Claim may be withdrawn
Collapse
Subdivision D—Investigation of claim
63Q Secretary to investigate claim and submit it to Commission
Collapse
Subdivision E—Consideration and determination of claim
63R Duties of Commission in relation to claim
63S Entitlement determination
63T Date of effect of determination
Collapse
Division 4—Review of decisions
64A Review of certain decisions
64B Application for review
64C Commission’s powers where request for review
64D Date of effect of certain review decisions
64E Commission must make written record of review decision and reasons
64F Person who requested review to be notified of decision
64G Powers of Commission to gather evidence
64H Withdrawal of request for review
Collapse
Division 5—Multiple entitlement exclusions
65A Multiple entitlement exclusions
Collapse
Part IV—Pensions for members of Defence Force or Peacekeeping Force and their dependants
Collapse
Division 1—Interpretation
68 Interpretation
69 Application of Part to members of the Forces
69A Application of Part to members of the Forces who render hazardous service
69B Application of Part to persons who rendered British nuclear test defence service
Collapse
Division 2—Eligibility for pension
70 Eligibility for pension under this Part
70A Most defence caused injuries, diseases and deaths of members of the Defence Force no longer covered by this Act
71 Application of certain provisions of Part II
72 Dual entitlement to pension
Collapse
Division 3—Rates of pension
73 Application of Divisions 4 and 5 of Part II
Collapse
Division 4—Pension and other compensation
73A This Division does not apply to certain payments
74 Payments by way of compensation or damages
75 Proceedings against third party
76 Payment of damages to Commonwealth
77 Discharge of liability of Commonwealth to pay damages
78 Other payments of compensation
79 Overpayments of pension
Collapse
Part IVA—Advance payments of pension and income support supplement
Collapse
Division 1—General
79A Definition
Collapse
Division 2—Eligibility for advance payment
79B Eligibility for advance payment
Collapse
Division 3—Applying for advance payment
79C Application
79D Who can apply
79E Making an application
79G Applicant must be Australian resident and in Australia
79H Application may be withdrawn
Collapse
Division 4—Determination of application and payment of advance payment
79I Commission to determine application
79J Payment of advance payment
Collapse
Division 5—Amount of advance payment
79K Amount of advance payment
Collapse
Division 6—Advance payment deductions
79L Advance payment deduction
79M Amount of advance payment deduction—basic calculation
79N Person may request larger advance payment deduction
79O Reduction of advance payment deduction in cases of severe financial hardship
79P The final advance payment deduction
79Q Payment rate insufficient to cover advance payment deduction
79R Rounding of amounts
79S Unrepaid advance payments to deceased partner to be disregarded
Collapse
Division 7—Review by Commission
79T Request for review
79U Commission’s powers
79V Commission must make written record of review decision and reasons
79W Person who requested review to be notified of decision
79X Powers of Commission to gather evidence
79Y Withdrawal of request for review
Collapse
Part V—Medical and other treatment
80 Interpretation
81 Application of Part V
84 Provision of treatment
85 Veterans eligible to be provided with treatment
85A Treatment under section 279 or 280 of the MRCA for aggravated injuries or diseases
85B Treatment under section 279 or 280 of the MRCA if a person is entitled to treatment under the VEA for a separate injury or disease
86 Dependants eligible to be provided with treatment
88A Commission may determine specified veterans and others are eligible to be provided with specified treatment
89 Treatment at hospitals and other institutions
90 Guide to the provision of treatment
90A Determination etc. of Repatriation Private Patient Principles
90B Application of Repatriation Private Patient Principles
91 Pharmaceutical benefits
92 Counselling services and psychiatric assessment
93 Recovery of cost of treatment
93A Charges payable to Commonwealth
93B False statements relating to treatment
93C Knowingly making false statements relating to treatment
93D Bribery etc.
93E Prohibited practices in relation to the rendering of pathology services
93F Offences against 2 or more provisions
93G Statements inadmissible in evidence
93H Recovery of amounts paid because of false statements
93J Prosecution of offences
Collapse
Part VA—Extension of Repatriation Pharmaceutical Benefits Scheme
Collapse
Division 1—Definitions
93K Definitions
Collapse
Division 2—Pharmaceutical benefits may be obtained
93L Certain veterans and mariners may obtain pharmaceutical benefits
Collapse
Division 3—Eligibility for, and entitlement to, pharmaceutical benefits card
Collapse
Subdivision A—Eligibility
93M Who is eligible?
Collapse
Subdivision B—Entitlement
93N Entitlement to a pharmaceutical benefits card under this Part
Collapse
Division 4—Claim for pharmaceutical benefits card under this Part
93P Need for a claim
93Q Who can claim?
93R Making a claim
93T Claimant must be an Australian resident and in Australia
93U Claim may be withdrawn
Collapse
Division 5—Investigation of claim
93V Secretary to investigate claim and submit it to Commission
Collapse
Division 6—Consideration and determination of claim
93W Duties of Commission in relation to claim
93X Entitlement determination
93Y Date of effect of determination
Collapse
Division 7—Review of decisions
93Z Review of certain decisions
93ZA Application for review
93ZB Commission’s powers where request for review
93ZC Date of effect of certain review decisions
93ZD Commission must make written record of review decision and reasons
93ZE Person who requested review to be notified of decision
93ZF Powers of Commission to gather evidence
93ZG Withdrawal of request for review
Collapse
Volume 3
Collapse
Part VI—Allowances and other benefits
Division 1—Preliminary
94 Interpretation
96 Application
Division 2—Eligibility for allowances and other benefits
97 Clothing allowance
98 Attendant allowance
98A Bereavement payment in respect of partnered disabled veterans
98AA Bereavement payments in respect of certain single, disabled veterans
98B Funeral benefits—automatic grant to estate of certain deceased veterans
99 Further funeral benefits—veterans
100 Funeral benefits—dependants of deceased veterans
102 Decoration allowance
103 Victoria Cross allowance
104 Recreation transport allowance
105 Vehicle assistance scheme
106 Special assistance
108 Loss of earnings allowance
109 Advances on account of loss of earnings allowance
110 Travelling expenses
Division 3—Procedural
111 Application
112 Time for applying for certain benefits
113 Time for applying for funeral benefit
114 Commencement of payment of certain allowances
115 Review of decision etc.
Collapse
Part VIA—Rehabilitation
Collapse
Division 1—Preliminary
115A Definitions
115B Making of the Scheme
Collapse
Division 2—Provisions relating to the income of veterans who participate in vocational rehabilitation programs
115C Rate of pension while on program
115D Reduced daily pension amount—pensions under Parts II and IV
115E Application for increase in reduced daily pension amount
115F Determination by the Commission
115G Excluded income amount—invalidity service pensions
Collapse
Division 3—Recovery of cost of rehabilitation
115H Recovery of cost of rehabilitation
115J Where a person receives a notice under subsection 115H(6)
115K Recovery of amount by the Commonwealth
115L Determination of amount of costs of rehabilitation programs
Collapse
Part VIB—Prisoner of war recognition supplement
Collapse
Division 1—Eligibility for prisoner of war recognition supplement
115M Eligibility for prisoner of war recognition supplement
115N When prisoner of war recognition supplement is payable
Collapse
Division 2—Rate of prisoner of war recognition supplement
115P Rate of prisoner of war recognition supplement
Collapse
Division 3—Claims for prisoner of war recognition supplement
115Q Making of claims
115R Determination of claims
Collapse
Part VII—Veterans’ Children Education Scheme
116 Interpretation
116A Determination of class of persons for the purposes of paragraph (e) of the definition of eligible child in subsection 116(1)
116B Person may apply for determination under subsection 116C(2)
116C Commission may determine that a person is a member of a class determined under section 116A
116D Review of Commission’s decision under subsection 116C(1)
117 Preparation of the Scheme
118 Commission may provide benefits under Scheme
Collapse
Part VIIAA—Education entry payment
118AA Eligibility
118AAB Need for a claim
118AAC Entitlement to and amount of payment
118AAD Payment to be refunded
Collapse
Part VIIA—Veterans supplement
Collapse
Division 1—Eligibility for veterans supplement
118A Veterans supplement for dependants of deceased veterans or for persons eligible for pharmaceutical benefits
118B Veterans supplement for certain Part II and Part IV pensioners or for World War 1 veterans
Collapse
Division 2—Rate of veterans supplement
118C Rate of veterans supplement—section 118A
118D Rate of veterans supplement—section 118B
Collapse
Part VIIAB—Defence Force Income Support Allowance and related payments
Collapse
Division 1—Introduction
118N Simplified outline
118NA Definitions
Collapse
Division 2—Defence Force Income Support Allowance
Collapse
Subdivision A—Payment of Defence Force Income Support Allowance
118NB Payment of Defence Force Income Support Allowance
Subdivision B—Rate of Defence Force Income Support Allowance
118NC Rate of Defence Force Income Support Allowance
Subdivision C—Special rules for the Social Security Act
118ND Bereavement payments under the Social Security Act
118NE Remote Area Allowance under the Social Security Act
Division 3—DFISA bonus
Collapse
Subdivision A—Payment of DFISA bonus
118NF Payment of DFISA bonus
118NG When DFISA bonus is to be paid
118NH Payment of bonus after death
Collapse
Subdivision B—Amount of DFISA bonus
118NI Amount of DFISA bonus
118NIA Top up of DFISA bonus for social security top up
Collapse
Subdivision C—DFISA bonus bereavement payment
118NIB Qualification for DFISA bonus bereavement payment
118NIC Amount of DFISA bonus bereavement payment
118NID Payment of DFISA bonus bereavement payment
118NIE Payment of DFISA bonus bereavement payment after death
Division 4—DFISA like payments etc. under regulations
118NJ DFISA like payments etc. under regulations
Collapse
Part VIIAD—Energy supplement
Collapse
Division 1—Eligibility
118P Eligibility for energy supplement
118PA When energy supplement is payable
Collapse
Division 2—Rate of energy supplement
118PB Rate of energy supplement
Collapse
Division 3—Payment of energy supplement
118PC Payment of energy supplement
Collapse
Part VIIC—Seniors health card
Collapse
Division 1—Eligibility for and entitlement to a seniors health card
Collapse
Subdivision A—Eligibility
118V Eligibility for seniors health card
Collapse
Subdivision B—Entitlement
118W Entitlement to a seniors health card
118X Social Security cardholder not entitled
Collapse
Division 2—Claim for seniors health card
118Y Need for a claim
118Z Who can claim?
118ZA Making a claim
118ZC Claimant must be an Australian resident and in Australia
118ZD Claim may be withdrawn
Collapse
Division 3—Investigation of claim
118ZE Secretary to investigate claim and submit it to Commission
Collapse
Division 4—Consideration and determination of claim
118ZF Duties of Commission in relation to claim
118ZG Entitlement determination
118ZH Date of effect of determination
Collapse
Division 5—Cardholder’s obligations
118ZI Secretary may require notice of the happening of event or a change in circumstances
118ZJ Secretary may require particular information relevant to eligibility for seniors health card
118ZJA When copy of notice of assessment of taxable income to be given to Department
Collapse
Division 6—Continuation, variation and termination
118ZK Continuing effect of determination
118ZL Person ceases to be entitled to card automatically—recipient complying with section 118ZI notification obligations
118ZM Person ceases to be entitled to card automatically—recipient not complying with section 118ZI notification obligations
118ZN Determination that a person ceases to be entitled to a seniors health card
118ZO Person may cease to be entitled to a seniors health card for failure to comply with section 118ZJ notice
118ZP Resumption of entitlement
118ZQ Date of effect of favourable determination
118ZR Date of effect of adverse determination
Collapse
Division 7—Review of decisions
118ZS Review of certain decisions
118ZT Application for review
118ZU Commission’s powers where request for review
118ZV Date of effect of certain review decisions
118ZW Commission must make written record of review decision and reasons
118ZX Person who requested review to be notified of decision
118ZY Powers of Commission to gather evidence
118ZZ Withdrawal of request for review
Collapse
Division 8—Seniors Health Card Income Test Calculator
118ZZA Seniors Health Card Income Test Calculator
Collapse
Part VIID—2006 one off payment to older Australians
118ZZB 2006 one off payment to older Australians
118ZZC Amount of the one off payment
118ZZD Claim not required for 2006 one off payment to older Australians
118ZZE Payment of 2006 one off payment to older Australians
118ZZF Debts arising in respect of 2006 one off payment to older Australians
Collapse
Part VIIE—2007 one off payment to older Australians
118ZZG 2007 one off payment to older Australians
118ZZH Amount of the one off payment
118ZZI Claim not required for 2007 one off payment to older Australians
118ZZJ Payment of 2007 one off payment to older Australians
118ZZK Debts arising in respect of 2007 one off payment to older Australians
Collapse
Part VIIF—2008 one off payment to older Australians
118ZZL 2008 one off payment to older Australians
118ZZM Amount of the one off payment
118ZZN Claim not required for 2008 one off payment to older Australians
118ZZO Payment of 2008 one off payment to older Australians
118ZZP Debts arising in respect of 2008 one off payment to older Australians
Collapse
Part VIIG—Economic security strategy payment
118ZZQ Eligibility for economic security strategy payment
118ZZR Amount of economic security strategy payment
118ZZS Claim not required for economic security strategy payment
118ZZT Payment of economic security strategy payment
118ZZU Debts arising in respect of economic security strategy payment
Collapse
Part VIIH—ETR payment
Collapse
Division 1—Eligibility in respect of eligible children
118ZZVA Eligibility for ETR payment in respect of a child
118ZZVB Children in respect of whom ETR payment is payable
118ZZVC Amount of ETR payment
Collapse
Division 2—Other eligibility for ETR payment
118ZZVD Eligibility for ETR payment
118ZZVE Amount of ETR payment
Collapse
Division 3—General
118ZZVF General rules
118ZZVG Claim not required for ETR payment
118ZZVH Payment of ETR payment
118ZZVI Debts arising in respect of ETR payment
Collapse
Part VIII—General provisions applicable to pensions etc.
119 Commission not bound by technicalities
120 Standard of proof
120A Reasonableness of hypothesis to be assessed by reference to Statement of Principles
120B Reasonable satisfaction to be assessed in certain cases by reference to Statement of Principles
121 Instalments of pension
122 Payment of pension
122A Pension or supplement may be paid to bank etc.
122AA Use and disclosure of account details
122B Direct deductions at person’s request
122C Payment of pension or allowance outside Australia
122D Deductions of DFISA, DFISA bonus and DFISA bonus bereavement payment paid to Commissioner of Taxation
122E Deductions of DFISA paid to Child Support Registrar
123 Interpretation
123A Payment of pension etc. on death of person
123B Distribution where deceased leaves valid will
123C Intestacy
123D Statutory order of distribution
123E Non distributable amounts
124 Termination of pension
125 Pensions etc. absolutely inalienable
126 Death of claimant
126A Death of a person who has not made a formal claim etc.
127 Power to obtain information
128 Secretary may obtain information etc.
128A Provision of tax file numbers
129 Self incrimination
129A Manner of giving notice or other document
130 Furnishing of information
131 Interpretation
132 Payment of travelling expenses in certain cases
132A Advance of travelling expenses
Collapse
Part IX—Veterans’ Review Board
Collapse
Division 1—Preliminary
133 Interpretation
133A Board’s objective
Collapse
Division 2—Continuance of Veterans’ Review Board
134 Continuance of Veterans’ Review Board
Collapse
Division 3—Review by the Board of decisions
135 Review of decisions in respect of pensions and attendant allowances
136 Application for review
137 Secretary to prepare report
138 Board not bound by technicalities etc.
138A Board may remit matters to Commission for further consideration
139 Decision of Board
140 Board to give notice of decision and reasons to parties
140A Correction of errors in decisions or statements of reasons
Collapse
Division 4—Organization of the Board
141 Constitution of Board for exercise of powers
141A Management of administrative affairs of Board
142 Arrangement of business of Board
143 Members to constitute Board
144 Member ceasing to be member etc.
Collapse
Division 4A—Alternative dispute resolution processes
145A Referral of review for alternative dispute resolution process
145B Directions by Principal Member
145C Agreement about the terms of a decision etc.
145D Evidence not admissible
145E Eligibility of person conducting alternative dispute resolution process to sit as a member of the Board
145F Participation by telephone etc.
145G Engagement of persons to conduct alternative dispute resolution processes
Collapse
Division 5—Proceedings before the Board
146 Principal Member or Senior Member to preside at hearing
147 Parties to review before Board
148 Procedure of Board
149 Questions to be decided by majority of Board
150 Hearing to be in private except in special circumstances
151 Powers of Board
152 Request to Secretary for documents etc.
153 Information may be made available to parties
154 Period of operation of certain decisions of Board
155 Dismissal of applications
155A Review by Administrative Appeals Tribunal
Collapse
Division 6—Date of operation of decisions of Board
156 Date of operation of decision by Board
157 Dates that may be specified
Collapse
Division 7—Membership of the Board
158 Appointment of members of Board
159 Terms of appointment
160 Remuneration and allowances of members
161 Acting members
162 Leave of absence
163 Resignation
164 Removal from office
165 Disclosure of interests
Collapse
Division 8—Miscellaneous
166 Delegation
167 Immunity
168 Failure of witness to attend
169 Refusal to be sworn or to answer questions etc.
170 Contempt of Board
170A Medical expenses
170B Travelling expenses for obtaining medical evidence
170C Advance of travelling expenses
171 Fees for witnesses
172 Staff to assist Board
173 Oath or affirmation of office
Collapse
Part X—Review of decisions by Administrative Appeals Tribunal
174 Interpretation
175 Applications for review
176 Application of Administrative Appeals Tribunal Act
177 Effective dates of certain determinations relating to payment of pension or seniors health card
178 Period of operation of certain decisions of Administrative Appeals Tribunal
Collapse
Part XI—The Repatriation Commission
Collapse
Division 1—Establishment, functions and powers
179 Continuance of Commission
179A Application of the Public Governance, Performance and Accountability Act 2013 to the Commission
180 Functions of Commission
180A Determination by Commission
181 Powers of Commission
Collapse
Division 2—Constitution and meetings of Commission
182 Membership of the Commission
183 President and Deputy President
184 Appointment of Secretary as a Commissioner and President
185 Remuneration and allowances
186 Leave of absence
187 Resignation
188 Termination of appointment
189 Commissioner to disclose any interest in claims for pensions etc.
191 Acting commissioners
192 Acting President or Deputy President
193 Appointment to act as President and also Secretary
194 Appointments
195 Meetings
Collapse
Division 3—Staff
196 Staff
Collapse
Part XIA—The Repatriation Medical Authority
Collapse
Division 1—Establishment, functions and powers
196A Establishment of Authority
196AA Application of the Public Governance, Performance and Accountability Act 2013 to the Authority
196B Functions of Authority
196C Powers of Authority with respect to investigations
196CA Authority not required to investigate certain requests
196CB Authority may consolidate requests
196E Request for an investigation, review etc.
196F Submissions to the Authority
196G Notice of investigation
196H Copyright in submissions
196I Access to information
196J Notice of decision not to make etc. Statement of Principles
196K Repatriation Medical Authority to send information to Review Council
196KA Definitions for the purposes of the MRCA
Collapse
Division 2—Constitution and meetings
196L Membership
196M Qualifications
196N Tenure of office
196O Resignation
196P Termination of appointment
196Q Acting Chairperson
196R Meetings
196S Remuneration and allowances
Collapse
Division 3—Staff and consultants
196T Staff
196U Consultants
Collapse
Part XIB—The Specialist Medical Review Council
Collapse
Division 1—Establishment and functions
196V Establishment of Council
196VA Application of the Public Governance, Performance and Accountability Act 2013 to the Council
196W Functions of Review Council
196X Notification of decision of Review Council to be notified in Gazette
196Y Request for review of contents of Statement of Principles etc.
196Z Request for review of decision of Repatriation Medical Authority not to carry out an investigation
196ZA Submissions to Review Council
196ZB Notice of investigation
196ZC Copyright in submissions
196ZD Access to information
Collapse
Division 2—Constitution and meetings
196ZE Membership
196ZF Qualifications
196ZG Tenure of office
196ZH Resignation
196ZI Termination of appointment
196ZJ Acting Convener
196ZK Conduct of reviews
196ZL Remuneration and allowances
Collapse
Division 3—Staff
196ZM Staff
Collapse
Division 4—Payment of medical and travelling expenses
196ZN Medical expenses
196ZO Travelling expenses for obtaining medical evidence
196ZP Advance of travelling expenses
Collapse
Part XII—Miscellaneous
197A Saving and transitional provisions
197 Pensions etc. not for certain members of the Defence Force
198 Variation of rates of certain pensions
198A Variation of rates of orphan’s pension
198D Variation of rates of certain allowances etc.
198E Variation of amount of essential medical equipment payment
198F Indexation of veterans supplement
198FA Indexation of Victoria Cross allowance
198FAA Indexation of seniors health card income limit
198FB Rates for service pension and income support supplement increased on 20 September 2009
198G 1 July 2000 increase in certain amounts
198GA 1 July 2000 increase in rent assistance amounts
198H Adjustment of amounts following 1 July 2000 increase
198J 1 July 2000 increase in income test free area
198K 1 July 2000 increase in assets test free area
198L 1 July 2000 increase in income/assets reduction limit
198M Rounding off provisional replacement amounts
198MA Adjustment of indexation factor under section 59D for limited time on and after 20 March 2013 for certain purposes
198MB Adjustment of living cost indexation factor for limited time on and after 20 March 2013 for certain purposes
198N Cancellation of entitlement to pension
199 Appropriation
200 Commission may accept contributions
201 Commission may administer trusts
202 Trustees for pensioners
202A Commission or public servant acting as trustee
202B Other person acting as trustee
203 Arrangements with Governments of other countries
204 Debt recovery relating to payment of comparable foreign pension
205 Recovery of overpayments
205AAA Notices in respect of debt
205AAB Interest on debt
205AAC Determination that interest not to be payable
205AAD Administrative charge
205AAE Penalty interest rate
205AA Recovery of overpayment by deduction from other pension, benefit or allowance
205AB Recovery of certain amounts from financial institutions
205A Commission may take action in relation to money owing to pensioners
205B Certain decisions of Commission reviewable under Social Security Act etc.
206 Waiver etc. of debts
208 Offences
209 Multiple offences
210 Judicial notice to be taken of certain matters
210A Evidence
211 Order for repayment of pension etc.
212 Delegation by Minister
213 Delegation by Commission
214 Delegation by Secretary
214A Telephone access to offices at cheap rate
215 Annual report
216 Regulations
Collapse
Volume 4
Collapse
Schedule 1—Repealed Acts
Part I—Repatriation Acts
Part II—Repatriation (Far East Strategic Reserve) Acts
Part III—Interim Forces Benefits Acts
Part IV—Repatriation (Special Overseas Service) Acts
Part V—Repatriation (Torres Strait Islanders) Act
Part VI—Amendments of certain Acts
Schedule 2—Operational areas
Schedule 2A—Classes of permanent visas
Schedule 3—Peacekeeping forces
Schedule 4—Oath and affirmation
Collapse
Schedule 5—Savings and transitional provisions
Collapse
Part 1—General
1 Service pensions—changes introduced on 1 October 1995
3 Rent assistance—boarders and lodgers (changes introduced on 12 June 1989)
4 Rent assistance—retirement village residents (changes introduced on 12 June 1989)
5 Rent assistance (changes introduced on 20 March 1993)
6 Saving: Determinations under repealed sections 46Z and 46ZF
7 Transitional and saving provisions applicable to the amendments relating to the pension loans scheme
8 Transitional and saving provisions: amendments relating to the transfer of carers
9 Transitional provisions applicable to the amendments relating to amounts in respect of children
10 Saving provisions applicable to the amendments relating to amounts in respect of children
11 Saving provisions applicable to certain people who cease to be service pensioners on 1 January 1998
11A Amendments relating to treatment of income streams
11B Transitional definition of deductible amount (commencing 1 July 2007)
Part 2—Aged care accommodation bonds: certain transactions before 6 November 1997
12 Overview of Part
13 Scope of Part
14 Person’s ordinary income reduced using financial asset rules
15 Value of person’s assets reduced
16 Meaning of exempt bond amount
Part 2A—Charge exempt residents under the Aged Care (Transitional Provisions) Act 1997
17 Meaning of charge exempt resident
17A Persons who became charge exempt residents before commencement
17B Refunds of accommodation charge
17C Person’s ordinary income reduced using financial asset rules
17D Value of person’s assets reduced
17E Application of Part
Part 3—Transitional provisions: changes made by the Social Security and Veterans’ Affairs Legislation Amendment (Payment Processing) Act 1998
18 Definitions
19 Payability and payment of pension during transition period
20 Continued operation of Act in relation to cancellation etc. of pensions
21 First pension period
22 Continued operation of certain notices given before 13 July 1999
23 Consequences of occurrence of certain events etc.
24 Transitional regulations
Part 4—Transitional provisions: changes made by Schedule 5 to the Veterans’ Affairs Legislation Amendment (Budget Measures) Act 2000
25 Definitions
26 Payability and payment of pension during transition period
27 Continued operation of Act in relation to cancellation etc. of pensions
28 First pension period
29 Transitional regulations
Part 5—Transitional provisions: changes on 20 September 2009
30 Transitional rates of service pension and income support supplement on and after 20 September 2009
31 Amounts affecting transitional rate of service pension
32 Amounts affecting transitional rate of income support supplement
33 Rate of payments to partners of persons affected by clause 30
34 Payment and income tax consequences of receiving service pension or income support supplement at rate affected by clause 30
35 Special rules for indexation of rates payable under clause 30
Collapse
Schedule 6—Calculation of rates of service pension and income support supplement
Collapse
Part 1—Preliminary
1 Steps in rate calculation
2 Standard categories of family situations
3 Explanation of Rate Calculator
4 Application for income tax purposes of reductions in respect of service pension or income support supplement
5 Commencing rates
Collapse
Part 2—Rate Calculator
Module A—Overall rate calculation process
Module B—Maximum basic rate
Module BA—Pension supplement
Module BB—Energy supplement
Module C—Rent assistance
Module E—Ordinary/adjusted income test
Module F—Assets test
Module G—Remote area allowance
Collapse
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Miscellaneous
