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A Bill for an Act to amend the law relating to veterans and the families of veterans, and for related purposes
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Introduced HR 11 Dec 1996

Veterans' Affairs Legislation Amendment (1996-97 Budget and Other Measures) Bill 1996
First Reading

1996

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Veterans' Affairs Legislation Amendment (1996-97 Budget and Other Measures) Bill 1996

No. , 1996

(Veterans' Affairs)

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

9621320--1,225/10.12.1996--(213/96) Cat. No. 96 5701 0 ISBN 0644 483776Contents

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 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--Saving provisions       

Schedule 6--Other technical amendments       

Veterans' Affairs Legislation Amendment (1995-96 Budget Measures) Act (No. 2) 1995       

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 1996.

2 Commencement

       (1) Subject to subsections (2) and (3), 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 and 5 commence on 1 July 1997.

       (3) Schedule 6 is taken to have commenced on 20 March 1996, immediately after the commencement of Schedule 6 to the Veterans' Affairs Legislation Amendment (1995-96 Budget Measures) Act (No. 2) 1995.

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.

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 recipients

1 Section 5 (index)


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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;


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32 Subparagraph 50A(3)(c)(ii)

Omit "or".

33 Subparagraph 50A(3)(c)(iii)

Repeal the subparagraph.

34 Subsection 52(1)

Omit "52G, 52H, 53AJ and 53AL", substitute "52G and 52H".

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.


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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.

Part 2--Amendments relating to appropriations

75 Paragraph 199(b)

Repeal the paragraph, substitute:

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

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

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) only because a person shares accommodation with one or more recipient children of the person.

       (5) 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

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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.

Schedule 2--Consequential amendments relating to the change of name from carer pension to carer payment
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".

Schedule 3--Amendments relating to certain saved fringe benefits
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.

Schedule 4--Amendments of the Social Security Act 1991 relating to the payment of certain pensions
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 or the person's partner receives 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


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       (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 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) 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:

A graphic exists here.

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 last pension payday before the determination is revoked is to be worked out using the following formula:

A graphic exists here.

where:

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

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 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:

A graphic exists here.

where:

normal wife pension instalment means the amount of wife pension the person would have received if the first pension payday were the next

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pension payday under subsection 161(1) apart from this section.

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

A graphic exists here.

where:

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

Schedule 5--Saving provisions
1 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 1996.

Schedule 6--Other technical amendments
Veterans' Affairs Legislation Amendment (1995-96 Budget Measures) Act (No. 2) 1995

1 Item 11 of Schedule 6

Repeal the item, substitute:

11 Paragraph 52S(5)(eb)

Omit "section 52H", substitute "sections 52H and 53AL".

2 Item 12 of Schedule 6

Repeal the item, substitute:

12 Paragraph 52T(3)(cb)

Omit "section 52H", substitute "sections 52H and 53AL".