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Veterans' Entitlements Act 1986

Authoritative Version
  • - C2020C00394
  • In force - Superseded Version
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Act No. 27 of 1986 as amended, taking into account amendments up to Veterans’ Affairs Legislation Amendment (Supporting the Wellbeing of Veterans and Their Families) Act 2020
An Act to provide for the payment of pensions and other benefits to, and to provide medical and other treatment for, veterans and certain other persons, and for other purposes
Administered by: Veterans' Affairs
Registered 16 Dec 2020
Start Date 07 Dec 2020
End Date 16 Dec 2020
Table of contents.

Commonwealth Coat of Arms of Australia

Veterans’ Entitlements Act 1986

No. 27, 1986

Compilation No. 167

Compilation date:                              7 December 2020

Includes amendments up to:            Act No. 108, 2020

Registered:                                         16 December 2020

This compilation is in 4 volumes

Volume 1:       sections 1–45UY

Volume 2:       sections 46–93ZG

Volume 3:       sections 94–216

Volume 4:       Schedules

                        Endnotes

Each volume has its own contents

This compilation includes commenced amendments made by Act No. 17, 2020

About this compilation

This compilation

This is a compilation of the Veterans’ Entitlements Act 1986 that shows the text of the law as amended and in force on 7 December 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part VI—Allowances and other benefits                                                                 1

Division 1—Preliminary                                                                                              1

94.......................... Interpretation....................................................................... 1

96.......................... Application......................................................................... 1

Division 2—Eligibility for allowances and other benefits                         3

97.......................... Clothing allowance............................................................. 3

98.......................... Attendant allowance............................................................ 4

98A....................... Bereavement payment in respect of partnered disabled veterans              6

98AA.................... Bereavement payments in respect of certain single, disabled veterans      9

98B........................ Funeral benefits—automatic grant to estate of certain deceased veterans 9

99.......................... Further funeral benefits—veterans.................................... 10

100........................ Funeral benefits—dependants of deceased veterans......... 13

102........................ Decoration allowance........................................................ 14

103........................ Victoria Cross allowance.................................................. 15

104........................ Recreation transport allowance......................................... 16

105........................ Vehicle Assistance Scheme.............................................. 18

106........................ Special assistance.............................................................. 20

108........................ Loss of earnings allowance............................................... 20

109........................ Advances on account of loss of earnings allowance......... 26

110........................ Travelling expenses.......................................................... 26

Division 3—Procedural                                                                                             29

111........................ Application....................................................................... 29

112........................ Time for applying for certain benefits............................... 31

113........................ Time for applying for funeral benefit................................ 31

114........................ Commencement of payment of certain allowances............ 33

115........................ Review of decision etc...................................................... 33

Part VIA—Rehabilitation                                                                                               36

Division 1—Preliminary                                                                                            36

115A..................... Definitions........................................................................ 36

115B...................... Veterans’ Vocational Rehabilitation Scheme.................... 37

Division 2—Provisions relating to the income of veterans who participate in vocational rehabilitation programs                                                                                                 40

115C...................... Rate of pension while on program.................................... 40

115D..................... Reduced daily pension amount—pensions under Parts II and IV            40

115E...................... Application for increase in reduced daily pension amount 43

115F...................... Determination by the Commission.................................... 44

115G..................... Excluded income amount—invalidity service pensions.... 45

Division 3—Recovery of cost of rehabilitation                                             46

115H..................... Recovery of cost of rehabilitation..................................... 46

115J....................... Where a person receives a notice under subsection 115H(6) 48

115K...................... Recovery of amount by the Commonwealth..................... 49

115L...................... Determination of amount of costs of rehabilitation programs.. 49

Part VIB—Prisoner of war recognition supplement                                      50

Division 1—Eligibility for prisoner of war recognition supplement  50

115M..................... Eligibility for prisoner of war recognition supplement...... 50

115N..................... When prisoner of war recognition supplement is payable. 51

Division 2—Rate of prisoner of war recognition supplement               53

115P...................... Rate of prisoner of war recognition supplement............... 53

Division 3—Claims for prisoner of war recognition supplement        54

115Q..................... Making of claims.............................................................. 54

115R...................... Determination of claims.................................................... 54

Part VII—Veterans’ Children Education Scheme                                          55

116........................ Interpretation..................................................................... 55

116A..................... Determination of class of persons for the purposes of paragraph (e) of the definition of eligible child in subsection 116(1)............................................................. 58

116B...................... Eligible child of a veteran—person may apply for determination under subsection 116C(2)   58

116C...................... Eligible child of a veteran—Commission may determine that a person is a member of a class under section 116A..................................................................... 59

116CA................... Determination of class of persons for the purposes of the definition of eligible grandchild of a Vietnam veteran in subsection 116(1)............................................. 60

116CB................... Eligible grandchild of a Vietnam veteran—person may apply for determination under subsection 116CC(2).......................................................................................... 60

116CC................... Eligible grandchild of a Vietnam veteran—Commission may determine that a person is a member of a class under section 116CA........................................................ 61

116D..................... Review of Commission’s decisions.................................. 61

117........................ Veterans’ Children Education Scheme.............................. 63

118........................ Commission may provide benefits under Veterans’ Children Education Scheme    64

Part VIIAA—Education entry payment                                                               65

118AA.................. Eligibility.......................................................................... 65

118AAB................ Need for a claim................................................................ 65

118AAC................ Entitlement to and amount of payment.............................. 66

118AAD............... Payment to be refunded.................................................... 66

Part VIIA—Veterans supplement                                                                             67

Division 1—Eligibility for veterans supplement                                           67

118A..................... Veterans supplement for dependants of deceased veterans or for persons eligible for pharmaceutical benefits.......................................................................................... 67

118B...................... Veterans supplement for certain Part II and Part IV pensioners or for World War 1 veterans 68

Division 2—Rate of veterans supplement                                                        70

118C...................... Rate of veterans supplement—section 118A.................... 70

118D..................... Rate of veterans supplement—section 118B..................... 70

Part VIIAB—Defence Force Income Support Allowance and related payments              71

Division 1—Introduction                                                                                          71

118N..................... Simplified outline.............................................................. 71

118NA.................. Definitions........................................................................ 72

Division 2—Defence Force Income Support Allowance                          74

Subdivision A—Payment of Defence Force Income Support Allowance   74

118NB................... Payment of Defence Force Income Support Allowance... 74

Subdivision B—Rate of Defence Force Income Support Allowance           75

118NC................... Rate of Defence Force Income Support Allowance.......... 75

Subdivision C—Special rules for the Social Security Act                              78

118ND.................. Bereavement payments under the Social Security Act...... 78

118NE................... Remote Area Allowance under the Social Security Act.... 81

Division 3—DFISA bonus                                                                                         83

Subdivision A—Payment of DFISA bonus                                                         83

118NF................... Payment of DFISA bonus................................................ 83

118NG.................. When DFISA bonus is to be paid..................................... 83

118NH.................. Payment of bonus after death............................................ 83

Subdivision B—Amount of DFISA bonus                                                           85

118NI.................... Amount of DFISA bonus................................................. 85

118NIA................. Top up of DFISA bonus for social security top up.......... 85

Subdivision C—DFISA bonus bereavement payment                                     86

118NIB................. Qualification for DFISA bonus bereavement payment..... 86

118NIC................. Amount of DFISA bonus bereavement payment.............. 86

118NID................. Payment of DFISA bonus bereavement payment............. 87

118NIE.................. Payment of DFISA bonus bereavement payment after death 87

Division 4—DFISA‑like payments etc. under regulations                       88

118NJ.................... DFISA‑like payments etc. under regulations.................... 88

Part VIIAD—Energy supplement                                                                             90

Division 1—Eligibility                                                                                                 90

118P...................... Eligibility for energy supplement...................................... 90

118PA................... When energy supplement is payable................................. 94

Division 2—Rate of energy supplement                                                            96

118PB................... Rate of energy supplement................................................ 96

Division 3—Payment of energy supplement                                                   97

118PC................... Payment of energy supplement......................................... 97

Part VIIC—Seniors health card                                                                                 98

Division 1—Eligibility for and entitlement to a seniors health card  98

Subdivision A—Eligibility                                                                                     98

118V..................... Eligibility for seniors health card...................................... 98

Subdivision B—Entitlement                                                                                101

118W..................... Entitlement to a seniors health card................................. 101

118X..................... Social Security cardholder not entitled............................ 101

Subdivision C—Modifications of provisions in this Division                     101

118XA.................. Modifications if person’s rate of service pension or income support supplement is nil on 1 January 2017........................................................................................ 101

118XB................... Other modifications because of social security law......... 102

Division 2—Claim for seniors health card                                                    103

118Y..................... Need for a claim.............................................................. 103

118Z...................... Who can claim?............................................................... 103

118ZA................... Making a claim............................................................... 103

118ZC................... Claimant must be an Australian resident and in Australia 104

118ZD................... Claim may be withdrawn................................................ 104

Division 3—Investigation of claim                                                                     106

118ZE.................... Secretary to investigate claim and submit it to Commission 106

Division 4—Consideration and determination of claim                         107

118ZF.................... Duties of Commission in relation to claim...................... 107

118ZG................... Entitlement determination................................................ 108

118ZH................... Date of effect of determination........................................ 108

Division 5—Cardholder’s obligations                                                              109

118ZI..................... Secretary may require notice of the happening of event or a change in circumstances             109

118ZJ.................... Secretary may require particular information relevant to eligibility for seniors health card       111

118ZJA................. When copy of notice of assessment of taxable income to be given to Department   112

Division 6—Continuation, variation and termination                             114

118ZK................... Continuing effect of determination.................................. 114

118ZL.................... Person ceases to be entitled to card automatically—recipient complying with section 118ZI notification obligations...................................................................... 114

118ZM.................. Person ceases to be entitled to card automatically—recipient not complying with section 118ZI notification obligations...................................................................... 115

118ZN................... Determination that a person ceases to be entitled to a seniors health card 115

118ZO................... Person may cease to be entitled to a seniors health card for failure to comply with section 118ZJ notice........................................................................................ 116

118ZP.................... Resumption of entitlement.............................................. 116

118ZQ................... Date of effect of favourable determination...................... 117

118ZR................... Date of effect of adverse determination........................... 117

Division 7—Review of decisions                                                                         119

118ZS.................... Review of certain decisions............................................ 119

118ZT.................... Application for review.................................................... 119

118ZU................... Commission’s powers where request for review............ 119

118ZV................... Date of effect of certain review decisions....................... 120

118ZW.................. Commission must make written record of review decision and reasons  120

118ZX................... Person who requested review to be notified of decision. 121

118ZY................... Powers of Commission to gather evidence..................... 121

118ZZ.................... Withdrawal of request for review................................... 122

Division 8—Seniors Health Card Income Test Calculator                  124

118ZZA................. Seniors Health Card Income Test Calculator.................. 124

Part VIII—General provisions applicable to pensions etc.                       132

119........................ Commission not bound by technicalities......................... 132

120........................ Standard of proof............................................................ 134

120A..................... Reasonableness of hypothesis to be assessed by reference to Statement of Principles             136

120B...................... Reasonable satisfaction to be assessed in certain cases by reference to Statement of Principles               138

121........................ Instalments of pension.................................................... 139

122........................ Payment of pension........................................................ 142

122A..................... Pension or supplement may be paid to bank etc.............. 143

122AA.................. Use and disclosure of account details............................. 145

122B...................... Direct deductions at person’s request............................. 146

122C...................... Payment of pension or allowance outside Australia........ 147

122D..................... Deductions of DFISA, DFISA bonus and DFISA bonus bereavement payment paid to Commissioner of Taxation.......................................................................... 147

122E...................... Deductions of DFISA paid to Child Support Registrar.. 148

123........................ Interpretation................................................................... 148

123A..................... Payment of pension etc. on death of person.................... 150

123B...................... Distribution where deceased leaves valid will................. 151

123C...................... Intestacy.......................................................................... 152

123D..................... Statutory order of distribution......................................... 153

123E...................... Non‑distributable amounts.............................................. 154

124........................ Termination of pension................................................... 154

125........................ Pensions etc. absolutely inalienable................................ 155

126........................ Death of claimant etc....................................................... 156

126A..................... Death of a person who has not made a formal claim etc. 157

127........................ Power to obtain information........................................... 158

128........................ Secretary may obtain information etc.............................. 161

128A..................... Provision of tax file numbers.......................................... 163

129........................ Self‑incrimination........................................................... 167

129A..................... Manner of giving notice or other document.................... 167

130........................ Furnishing of information............................................... 168

131........................ Interpretation................................................................... 168

132........................ Payment of travelling expenses in certain cases.............. 168

132A..................... Advance of travelling expenses...................................... 172

Part IX—Veterans’ Review Board                                                                         174

Division 1—Preliminary                                                                                          174

133........................ Interpretation................................................................... 174

133A..................... Board’s objective............................................................ 175

Division 2—Continuance of Veterans’ Review Board                            177

134........................ Continuance of Veterans’ Review Board........................ 177

Division 3—Review by the Board of decisions                                            178

135........................ Review of decisions in respect of pensions and attendant allowances      178

136........................ Application for review.................................................... 181

137........................ Secretary to prepare report.............................................. 182

137A..................... Ongoing requirement for lodging material documents with Board           183

138........................ Board not bound by technicalities etc.............................. 184

138A..................... Board may remit matters to Commission for further consideration          185

139........................ Decision of Board........................................................... 186

140........................ Board to give notice of decision and reasons to parties... 186

140A..................... Correction of errors in decisions or statements of reasons 188

Division 4—Organization of the Board                                                          189

141........................ Constitution of Board for exercise of powers................. 189

141A..................... Management of administrative affairs of Board.............. 189

142........................ Arrangement of business of Board................................. 190

143........................ Members to constitute Board.......................................... 190

144........................ Member ceasing to be member etc.................................. 191

Division 4A—Alternative dispute resolution processes                          193

145A..................... Referral of review for alternative dispute resolution process 193

145B...................... Directions by Principal Member..................................... 194

145C...................... Agreement about the terms of a decision etc................... 194

145D..................... Evidence not admissible.................................................. 196

145E...................... Eligibility of person conducting alternative dispute resolution process to sit as a member of the Board  196

145F...................... Participation by telephone etc.......................................... 197

145G..................... Engagement of persons to conduct alternative dispute resolution processes            197

Division 5—Proceedings before the Board                                                   198

146........................ Principal Member or Senior Member to preside at hearing 198

147........................ Parties to review before Board........................................ 198

148........................ Procedure of Board......................................................... 199

149........................ Questions to be decided by majority of Board................ 202

150........................ Hearing to be in private except in special circumstances. 202

151........................ Powers of Board............................................................. 202

152........................ Request to Secretary for documents etc.......................... 204

153........................ Information may be made available to parties................. 204

154........................ Period of operation of certain decisions of Board........... 205

155........................ Dismissal of applications................................................ 205

155A..................... Review by Administrative Appeals Tribunal.................. 208

Division 6—Date of operation of decisions of Board                              209

156........................ Date of operation of decision by Board.......................... 209

157........................ Dates that may be specified............................................. 209

Division 7—Membership of the Board                                                            213

158........................ Appointment of members of Board................................ 213

159........................ Terms of appointment..................................................... 213

160........................ Remuneration and allowances of members..................... 213

161........................ Acting members.............................................................. 214

162........................ Leave of absence............................................................. 215

163........................ Resignation..................................................................... 216

164........................ Removal from office....................................................... 216

165........................ Disclosure of interests.................................................... 218

Division 8—Miscellaneous                                                                                     220

166........................ Delegation....................................................................... 220

167........................ Immunity........................................................................ 220

168........................ Failure of witness to attend............................................. 221

169........................ Refusal to be sworn or to answer questions etc.............. 222

170........................ Contempt of Board......................................................... 223

170A..................... Medical expenses............................................................ 224

170B...................... Travelling expenses for obtaining medical evidence....... 225

170C...................... Advance of travelling expenses...................................... 226

171........................ Fees for witnesses.......................................................... 227

172........................ Staff to assist Board........................................................ 227

173........................ Oath or affirmation of office........................................... 228

Part X—Review of decisions by Administrative Appeals Tribunal    229

174........................ Interpretation................................................................... 229

175........................ Applications for review.................................................. 229

176........................ Application of Administrative Appeals Tribunal Act...... 232

177........................ Effective dates of certain determinations relating to payment of pension or seniors health card               234

178........................ Period of operation of certain decisions of Administrative Appeals Tribunal          237

Part XI—The Repatriation Commission                                                             239

Division 1—Establishment, functions and powers                                     239

179........................ Continuance of Commission........................................... 239

179A..................... Application of the Public Governance, Performance and Accountability Act 2013 to the Commission   239

180........................ Functions of Commission............................................... 240

180A..................... Determination by Commission....................................... 240

181........................ Powers of Commission.................................................. 244

Division 2—Constitution and meetings of Commission                          245

182........................ Membership of the Commission..................................... 245

183........................ President and Deputy President...................................... 246

184........................ Appointment of Secretary as a Commissioner and President 246

185........................ Remuneration and allowances......................................... 247

186........................ Leave of absence............................................................. 247

187........................ Resignation..................................................................... 247

188........................ Termination of appointment............................................ 247

189........................ Commissioner to disclose any interest in claims for pensions etc.           250

191........................ Acting commissioners.................................................... 251

192........................ Acting President or Deputy President............................. 252

193........................ Appointment to act as President and also Secretary........ 255

194........................ Appointments................................................................. 257

195........................ Meetings......................................................................... 258

Division 3—Staff                                                                                                         260

196........................ Staff................................................................................ 260

Part XIA—The Repatriation Medical Authority                                           261

Division 1—Establishment, functions and powers                                     261

196A..................... Establishment of Authority............................................. 261

196AA.................. Application of the Public Governance, Performance and Accountability Act 2013 to the Authority       261

196B...................... Functions of Authority................................................... 262

196C...................... Powers of Authority with respect to investigations........ 269

196CA................... Authority not required to investigate certain requests..... 271

196CB................... Authority may consolidate requests................................ 271

196E...................... Request for an investigation, review etc.......................... 271

196F...................... Submissions to the Authority......................................... 272

196G..................... Notice of investigation.................................................... 273

196H..................... Copyright in submissions............................................... 274

196I....................... Access to information..................................................... 274

196J....................... Notice of decision not to make etc. Statement of Principles 275

196K...................... Repatriation Medical Authority to send information to Review Council  275

196KA................... Definitions for the purposes of the MRCA.................... 276

Division 2—Constitution and meetings                                                           277

196L...................... Membership.................................................................... 277

196M..................... Qualifications.................................................................. 277

196N..................... Tenure of office.............................................................. 277

196O..................... Resignation..................................................................... 277

196P...................... Termination of appointment............................................ 277

196Q..................... Acting Chairperson......................................................... 278

196R...................... Meetings......................................................................... 278

196S...................... Remuneration and allowances......................................... 278

Division 3—Staff and consultants                                                                      280

196T...................... Staff................................................................................ 280

196U..................... Consultants..................................................................... 280

Part XIB—The Specialist Medical Review Council                                      281

Division 1—Establishment and functions                                                       281

196V..................... Establishment of Specialist Medical Review Council..... 281

196VA.................. Application of the Public Governance, Performance and Accountability Act 2013 to the Review Council........................................................................................ 281

196W..................... Functions of Review Council......................................... 282

196X..................... Notification of decision of Review Council to be notified in Gazette       285

196Y..................... Request for review of contents of Statement of Principles etc. 285

196Z...................... Request for review of decision of Repatriation Medical Authority not to carry out an investigation        286

196ZA................... Submissions to Review Council..................................... 287

196ZB................... Notice of investigation.................................................... 288

196ZC................... Copyright in submissions............................................... 289

196ZD................... Access to information..................................................... 289

Division 2—Constitution and meetings                                                           290

196ZE.................... Membership.................................................................... 290

196ZF.................... Qualifications.................................................................. 290

196ZG................... Tenure of office.............................................................. 290

196ZH................... Resignation..................................................................... 291

196ZI..................... Termination of appointment............................................ 291

196ZJ.................... Acting Convener............................................................. 291

196ZK................... Conduct of reviews......................................................... 291

196ZL.................... Remuneration and allowances......................................... 292

Division 3—Staff                                                                                                         293

196ZM.................. Staff................................................................................ 293

Division 4—Payment of medical and travelling expenses                     294

196ZN................... Medical expenses............................................................ 294

196ZO................... Travelling expenses for obtaining medical evidence....... 294

196ZP.................... Advance of travelling expenses for obtaining medical evidence               295

196ZQ................... Travelling expenses for making oral submissions.......... 296

Division 5—Lodgement of requests and applications                              298

196ZR................... Lodgement of requests and applications......................... 298

Part XII—Miscellaneous                                                                                                299

197A..................... Saving and transitional provisions.................................. 299

197........................ Pensions etc. not for certain members of the Defence Force 299

198........................ Variation of rates of certain pensions.............................. 300

198A..................... Variation of rates of orphan’s pension............................ 304

198D..................... Variation of rates of certain allowances etc..................... 306

198E...................... Variation of amount of essential medical equipment payment  309

198F...................... Indexation of veterans supplement.................................. 309

198FA................... Indexation of Victoria Cross allowance.......................... 310

198FAA................ Indexation of seniors health card income limit................ 312

198FB................... Rates for service pension and income support supplement increased on 20 September 2009  313

198G..................... 1 July 2000 increase in certain amounts.......................... 314

198GA.................. 1 July 2000 increase in rent assistance amounts............. 316

198H..................... Adjustment of amounts following 1 July 2000 increase. 316

198J....................... 1 July 2000 increase in income test free area.................. 322

198K...................... 1 July 2000 increase in assets test free area.................... 323

198L...................... 1 July 2000 increase in income/assets reduction limit..... 323

198M..................... Rounding off provisional replacement amounts.............. 323

198MA.................. Adjustment of indexation factor under section 59D for limited time on and after 20 March 2013 for certain purposes......................................................................... 324

198MB.................. Adjustment of living cost indexation factor for limited time on and after 20 March 2013 for certain purposes........................................................................................ 326

198N..................... Cancellation of entitlement to pension............................. 328

199........................ Appropriation................................................................. 329

200........................ Commission may accept contributions............................ 329

201........................ Commission may administer trusts................................. 330

202........................ Appointment of trustees.................................................. 332

202A..................... Commission or public servant acting as trustee.............. 334

202B...................... Other person acting as trustee......................................... 335

203........................ International arrangements.............................................. 336

204........................ Debt recovery relating to payment of comparable foreign pension           337

205........................ Recovery of overpayments............................................. 338

205AAA............... Notices in respect of debt................................................ 342

205AAB................ Interest on debt............................................................... 344

205AAC................ Determination that interest not to be payable................... 345

205AAD............... Administrative charge..................................................... 346

205AAE................ Penalty interest rate......................................................... 347

205AA.................. Recovery of overpayment by deduction from other pension, benefit or allowance  347

205AB................... Recovery of certain amounts from financial institutions. 348

205A..................... Commission may take action in relation to money owing to pensioners  350

205B...................... Certain decisions of Commission reviewable under Social Security Act etc.           352

206........................ Waiver etc. of debts........................................................ 353

208........................ Offences......................................................................... 353

209........................ Multiple offences............................................................ 356

210........................ Judicial notice to be taken of certain matters................... 356

210A..................... Evidence......................................................................... 357

211........................ Order for repayment of pension etc................................ 357

212........................ Delegation by Minister................................................... 359

213........................ Delegation by Commission............................................. 360

214........................ Delegation by Secretary.................................................. 361

214A..................... Telephone access to offices at cheap rate........................ 361

215........................ Annual report.................................................................. 362

216........................ Regulations..................................................................... 363


Part VIAllowances and other benefits

Division 1Preliminary

94  Interpretation

                   In this Part, unless the contrary intention appears:

                     (a)  a reference to a hospital or other institution shall be read as including a reference to a home, a hostel, a medical centre, an out‑patient clinic and a rehabilitation or training establishment; and

                     (b)  treatment has the same meaning as it has in Part V.

96  Application

             (1)  Without prejudice to its effect apart from this section, this Part has effect in relation to a person who is, or has been:

                     (a)  a member of the Forces as defined by subsection 68(1); or

                     (b)  a member of a Peacekeeping Force as defined by subsection 68(1);

and in relation to a dependant of such a person who has died, in like manner as it has effect in relation to a veteran and a dependant of a deceased veteran, respectively.

             (2)  For the purpose only of applying this Part as provided in subsection (1):

                     (a)  a reference in this Part to a veteran shall be read as a reference to a member of the Forces, or a member of a Peacekeeping Force, as defined by subsection 68(1);

                     (b)  a reference in this Part to a war‑caused injury shall be read as a reference to a defence‑caused injury;

                     (c)  a reference in this Part to a war‑caused disease shall be read as a reference to a defence‑caused disease;

                     (d)  a reference in this Part to the death of a veteran that was war‑caused shall be read as a reference to the death of a member of the Forces, or a member of a Peacekeeping Force, as defined by subsection 68(1), that was defence‑caused;

                     (e)  a reference in this Part to a pension under Part II shall be read as a reference to a pension under Part IV;

                      (f)  the references in subparagraph 102(1)(b)(ii) and subsections 108(8) and (9) to section 26 shall be read as references to section 26 (in its application to pensions under Part IV) or subsection 74(8); and

                     (g)  a reference in this Part to a claim or application under Part II shall be read as a reference to a claim or application made under section 14 or 15, in its application to pensions under Part IV.

Division 2Eligibility for allowances and other benefits

97  Clothing allowance

             (1)  Where a veteran is being paid a pension under Part II in respect of incapacity from a war‑caused injury or a war‑caused disease of a kind described in column 1 of the following table, the Commission may grant to the veteran an allowance, called clothing allowance, at the rate specified in column 2 of that table opposite to the description of that kind of incapacity in column 1:

 

Column 1

Column 2

Kinds of incapacity

Rate per fortnight
$

1.    One leg and one arm amputated

7.20

2.    One leg or one arm amputated

3.30

3.    Both legs or both arms amputated

4.60

4.    One leg amputated, causing essential hip disarticulation

4.60

5.    Blinded in both eyes

3.30

             (2)  Where the Commission is satisfied that it is necessary for a veteran who is being paid a clothing allowance under subsection (1) by reason of a kind of incapacity described in item 2, 3 or 4 (in column 1) of the table in subsection (1) to use a crutch or crutches in addition to any artificial aid, that subsection has effect as if the rate specified in that item (in column 2) were an amount per fortnight equal to the amount specified in item 1 (in column 2) of that table.

             (3)  Where:

                     (a)  a veteran is being paid a pension under Part II in respect of incapacity from a war‑caused injury or a war‑caused disease of a kind other than a kind described in column 1 of the table in subsection (1); and

                     (b)  exceptional wear and tear, or exceptional damage, to the clothing of the veteran occurs by reason of the kind of incapacity from which the veteran is suffering;

the Commission may grant to the veteran a clothing allowance at such rate, not exceeding an amount per fortnight equal to the amount specified in item 2 (in column 2) of that table, as the Commission deems fit.

             (4)  Where a veteran is granted a clothing allowance under subsection (1) and is also granted a clothing allowance under subsection (3), clothing allowance shall be paid to the veteran at a rate per fortnight equal to the sum of:

                     (a)  the rate per fortnight at which the allowance was granted under subsection (1); and

                     (b)  the rate per fortnight at which the allowance was granted under subsection (3).

             (5)  For the purpose of this section:

                     (a)  amputation of a hand of a veteran shall be treated as amputation of an arm of the veteran; and

                     (b)  amputation of a foot of a veteran shall be treated as amputation of a leg of the veteran.

             (6)  Clothing allowance may be paid to a veteran by fortnightly instalments, or in such other manner as is determined by the Commission, but the amount, or sum of the amounts, of clothing allowance paid to a veteran in any period of 12 consecutive months shall not exceed an amount equal to the sum of 26 fortnightly instalments.

98  Attendant allowance

             (1)  Where a veteran is being paid a pension under Part II in respect of incapacity from a war‑caused injury or a war‑caused disease of a kind described in column 1 of the following table, the Commission may grant to the veteran an allowance, called attendant allowance, at the rate specified in column 2 of that table opposite to the description of that kind of incapacity in column 1, for or towards the cost of the services of an attendant to assist the veteran:

 

Column 1

Column 2

Kinds of incapacity

Rate per fortnight
$

1.   Blinded in both eyes

84.30

2.   Blinded in both eyes together with total loss of speech or total deafness

168.60

3.   Both arms amputated

168.60

4.   Both legs amputated and one arm amputated

84.30

5.   Both legs amputated at the hip or one leg amputated at the hip and the other leg amputated in the upper third

84.30

             (2)  Where:

                     (a)  a veteran is being paid a pension under Part II in respect of incapacity:

                              (i)  from a war‑caused injury or a war‑caused disease affecting the cerebro‑spinal system; or

                             (ii)  from a war‑caused injury or a war‑caused disease that has caused a condition similar in effect or severity to an injury or disease affecting the cerebro‑spinal system; and

                     (b)  the Commission is of the opinion that the veteran has a need for the services of an attendant to assist the veteran;

the Commission may grant to the veteran an allowance, called attendant allowance, at the rate of an amount per fortnight equal to the amount specified in item 1 (in column 2) of the table in subsection (1), for or towards the cost of the services of an attendant to assist the veteran.

             (3)  For the purposes of the application of the table in subsection (1) to and in relation to a veteran, a leg, foot, hand or arm that has been rendered permanently and wholly useless shall be treated as having been amputated.

             (4)  Where a veteran is cared for, at public expense, in a hospital or other institution, attendant allowance is not payable to the veteran in respect of the period commencing on the day of the first pension period occurring after the veteran commences to be so cared for and ending on the day on which the veteran ceases to be so cared for.

          (4B)  Attendant allowance is not payable to a veteran if carer payment under Part 2.5 of the Social Security Act:

                     (a)  is payable to a person because the person is caring for the veteran; or

                     (b)  would be payable to a person because the person is caring for the veteran, apart from:

                              (i)  the payment being suspended under the social security law; or

                             (ii)  the rate of the payment being nil because of action taken in relation to the payment under Chapter 5 of the Social Security Act 1991 (about overpayments and debt recovery).

             (5)  Where the Commission makes a decision with respect to an application for attendant allowance under this section, section 34 applies to and in relation to the decision in like manner as it applies to and in relation to a decision with respect to a claim for pension in accordance with section 14.

98A  Bereavement payment in respect of partnered disabled veterans

             (1)  This section applies where a veteran dies if the veteran was, immediately before his or her death:

                     (a)  a member of a couple; and

                     (b)  receiving a disability pension.

             (2)  The widow or widower of the deceased veteran is entitled, in respect of the period of 12 weeks after the deceased veteran’s death, to payments at:

                     (a)  if the deceased veteran was, immediately before his or her death, in receipt of the disability pension at a rate under subsection 22(4), 23(4), (5) or (6) or 24(4), (5), (5A) or (6)—the rate at which the disability pension would have been payable to him or her, if he or she had not died, on the first available pension pay day after the Commission becomes aware of the death; or

                     (b)  in any other case—the lower of the following:

                              (i)  the rate at which the disability pension would have been payable to the deceased veteran, if he or she had not died, on the first available pension pay day after the Commission becomes aware of the death;

                             (ii)  the general rate in force on that pension pay day.

             (3)  Where:

                     (a)  the widow or widower dies within 12 weeks after the death of the deceased veteran; and

                     (b)  the Commission has not become aware of the death of the deceased veteran before the death of the widow or widower;

there is payable, to such person as the Commission thinks appropriate, in respect of the deceased veteran, an amount worked out using the formula:

where:

deceased veteran’s amount means:

                     (a)  if the deceased veteran was, immediately before his or her death, in receipt of the disability pension at a rate under subsection 22(4), 23(4), (5) or (6) or 24(4), (5), (5A) or (6)—the amount of the disability pension that would have been payable to him or her, if he or she had not died, on the first available pension pay day after the death of the widow or the widower; or

                     (b)  in any other case—the lower of the following:

                              (i)  the amount of the disability pension that would have been payable to the deceased veteran, if he or she had not died, on the first available pension pay day after the death of the widow or the widower;

                             (ii)  the amount that would have been payable to the deceased veteran, if he or she had not died, on the first available pension pay day after the death of the widow or widower, at the general rate in force on that pension pay day.

             (4)  Subsection (2) does not apply:

                     (a)  if the Commission does not become aware of the veteran’s death until after the death of the widow or widower; or

                     (b)  in respect of any pension pay day after the death of the widow or widower.

             (5)  Where:

                     (a)  within the period of 12 weeks after the death of a veteran, an amount to which the veteran would have been entitled if he or she had not died has been paid by way of a disability pension into an account with a bank; and

                     (b)  this section applies in relation to the death of the veteran; and

                     (c)  the bank pays to the widow or widower of the deceased veteran, out of that account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (a);

then, in spite of anything in any other law, the bank is not liable to the Commonwealth, the personal representative of the deceased veteran, or anyone else, for any loss incurred because of the payment of that money to the widow or widower.

             (6)  In this section:

disability pension means a pension under Part II or IV, other than a pension payable to a person as a dependant of a deceased veteran.

first available pension pay day, in relation to the death of a veteran, means the first pension pay day after the Commission becomes aware of the death for which it is practicable to terminate or adjust the payments being made by way of disability pension in respect of the deceased veteran.

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.

98B  Funeral benefits—automatic grant to estate of certain deceased veterans

             (1)  The Commission is to grant a benefit (funeral benefit) to the estate of a deceased veteran if, immediately before the veteran died:

                     (a)  he or she was being paid a pension under Part II at the rate specified in subsection 22(4); or

                     (b)  he or she was being paid a pension under Part II as a veteran to whom section 24 applied; or

                     (c)  he or she was being paid a pension under Part II at a rate that had been increased under section 27 because the veteran was incapacitated from a war‑caused injury or a war‑caused disease of a kind described in any of items 1 to 8 of the Table in subsection 27(1); or

                     (d)  the Commission was satisfied that the veteran had, before the MRCA commencement date, been made a prisoner of war at a time when the veteran was rendering operational service.

             (2)  The amount of the funeral benefit is $2,000.

99  Further funeral benefits—veterans

             (1)  The Commission may grant a benefit, called a funeral benefit, towards the funeral expenses incurred in respect of the funeral of:

                     (a)  a veteran whose death was war‑caused;

                     (d)  a veteran who has died in indigent circumstances; or

                     (e)  subject to subsection (3), a veteran who has died:

                              (i)  in an institution;

                             (ii)  while travelling to or from an institution;

                            (iii)  after having been discharged from an institution in which the veteran was being treated for a terminal illness; or

                            (iv)  while being treated for a terminal illness at the veteran’s home instead of at an institution.

Note:          See sections 111 and 113 for the making of an application for a funeral benefit under this subsection.

             (2)  The Commission may grant a benefit (funeral benefit) towards the funeral expenses incurred in respect of the funeral of a veteran if, after the death of the veteran:

                     (a)  a pension is granted to the veteran that is determined to be payable, from a date before the veteran’s death:

                              (i)  at a rate that is worked out under subsection 22(4); or

                             (ii)  at a rate that is worked out under section 24; or

                            (iii)  at a rate that is worked out under section 27 because the veteran was suffering from incapacity from a war‑caused injury or a war‑caused disease of a kind described in any of items 1 to 8 of the Table in subsection 27(1); or

                     (b)  the rate of a pension that was payable to the veteran under Part II is increased, as from a date before the veteran’s death because:

                              (i)  subsection 22(4) or section 24 applied to the veteran as from that date; or

                             (ii)  section 27 applied to the veteran as from that date because of incapacity from a war‑caused injury or a war‑caused disease of a kind described in any of items 1 to 8 of the Table in subsection 27(1); or

                     (c)  information is received which satisfies the Commission that the veteran was, before the MRCA commencement date, made a prisoner of war at a time when the veteran was rendering operational service.

Note:          See sections 111 and 113 for the making of an application for a funeral benefit under this subsection.

             (3)  A funeral benefit must not to be granted under paragraph (1)(e) unless:

                     (a)  if subparagraph (1)(e)(i) or (ii) applies—treatment is or was provided in the institution; and

                     (b)  in any case—the treatment is or was arranged:

                              (i)  by the Commission under Part V of this Act; or

                             (ii)  by the Military Rehabilitation and Compensation Commission under Chapter 6 of the MRCA.

          (3A)  A funeral benefit is not to be granted under subsection (2) in respect of a veteran if a funeral benefit has been granted to his or her estate under section 98B.

             (4)  A funeral benefit under this section in respect of a deceased veteran consists of:

                     (a)  a sum of $2,000 or an amount equal to the amount paid or payable in respect of the funeral of the deceased veteran, whichever is less; and

                     (b)  subject to subsection (5), if:

                              (i)  the veteran died at a place other than the veteran’s ordinary place of residence; and

                             (ii)  the veteran was absent from the veteran’s ordinary place of residence for the purpose of obtaining medical treatment; and

                            (iii)  the Commission or the Military Rehabilitation and Compensation Commission arranged for the provision of the treatment; and

                            (iv)  a charge was made by the funeral director expressly for transporting the body of the deceased veteran from the place where the veteran died to the place where the veteran ordinarily resided immediately before the veteran died;

                            a sum equal to a reasonable charge for so transporting the body of the deceased veteran.

             (5)  Paragraph (4)(b) does not apply to a charge made by a funeral director for transporting the body of the deceased veteran:

                     (a)  outside Australia; or

                     (b)  from one place in the metropolitan area of a capital city to another place in the metropolitan area of that city.

             (6)  For the purposes of subparagraph (4)(b)(ii), but without limiting the generality thereof, a veteran shall be deemed to be absent from the veteran’s ordinary place of residence for the purpose of obtaining medical treatment:

                     (a)  if the veteran is travelling from his or her ordinary place of residence for the purpose of obtaining medical treatment;

                     (b)  if the veteran is returning to his or her ordinary place of residence after having obtained medical treatment;

                     (c)  if the veteran is being provided with medical treatment at a place other than his or her ordinary place of residence; or

                     (d)  if the veteran is away from his or her ordinary place of residence on the recommendation of his or her doctor by way of treatment for an injury or disease.

             (7)  In paragraph (4)(a), the amount paid or payable in respect of the funeral of a deceased veteran means, in a case where the deceased veteran was, immediately before his or her death, a member of a contributory funeral benefit fund, the amount by which the cost of the funeral exceeds the amount of the benefit payable from that fund in relation to the deceased veteran.

100  Funeral benefits—dependants of deceased veterans

             (1)  If:

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

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

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

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

                     (b)  a reinstated pensioner;

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

Note:          See sections 111 and 113 for the making of an application for a funeral benefit under this subsection.

          (1A)  The Commission may grant a benefit towards the funeral expenses incurred in respect of a person’s funeral if:

                     (a)  either:

                              (i)  the person was a wholly dependent partner of a deceased member; or

                             (ii)  the person was both an eligible young person, and a dependant of a deceased member, immediately before the member’s death; and

                     (b)  the person died in indigent circumstances; and

                     (c)  section 12 of the MRCA applies in respect of the member.

Note:          Expressions used in this subsection have the same meanings as they have in the MRCA (see subsection (4)).

             (2)  A funeral benefit under this section in respect of a deceased dependant of a deceased veteran is a sum of $2,000 or an amount equal to the amount paid or payable in respect of the funeral of the deceased dependant, whichever is less.

             (3)  In subsection (2), the amount paid or payable in respect of the funeral of a deceased dependant means, in a case where the dependant was, immediately before his or her death, a member of a contributory funeral benefit fund, the amount by which the cost of the funeral exceeds the amount of the benefit payable from that fund in relation to the deceased dependant.

             (4)  Expressions used in subsection (1A) have the same meanings as they have in the MRCA.

102  Decoration allowance

             (1)  Subject to this section, the Commission may grant an allowance, called decoration allowance, to a veteran who has been awarded an eligible decoration or eligible decorations if the veteran:

                     (a)  is in receipt of a pension under Part II; or

                     (b)  would be in receipt of a pension under Part II but for:

                              (i)  the cancellation, under subsection 124(1), of a pension that had been granted to the veteran under Part II; or

                             (ii)  section 26, 30C or 30D.

             (4)  Decoration allowance granted to a veteran under this section is payable at the rate of $2.10 per fortnight.

             (5)  In this section:

eligible decorations means:

                     (a)  the following decorations awarded for gallantry during a war to which this Act applies or during warlike operations:

                              (i)  the Victoria Cross;

                             (ii)  the Cross of Valour;

                            (iii)  the Star of Courage;

                            (iv)  the Distinguished Service Order;

                             (v)  the Distinguished Service Cross;

                            (vi)  the Military Cross;

                           (vii)  the Distinguished Flying Cross;

                          (viii)  the Distinguished Conduct Medal;

                            (ix)  the Conspicuous Gallantry Medal;

                             (x)  the Distinguished Service Medal;

                            (xi)  the Military Medal;

                           (xii)  the Distinguished Flying Medal;

                          (xiii)  the member of the Most Excellent Order of the British Empire (Military Division);

                          (xiv)  the Medal of the Most Excellent Order of the British Empire (Military Division) (1919‑1958);

                           (xv)  the Medal of the Most Excellent Order of the British Empire (Military Division) with Gallantry Emblem (1958‑1974);

                          (xvi)  the Victoria Cross for Australia;

                         (xvii)  the Star of Gallantry;

                        (xviii)  the Medal for Gallantry; and

                     (b)  the George Cross; and

                     (c)  the George Medal; and

                     (d)  such other decorations, awarded for gallantry during a war to which this Act applies or during warlike operations, as are prescribed.

103  Victoria Cross allowance

             (1)  Subject to this section, the Commission may grant an allowance, called Victoria Cross allowance, to a veteran who has been awarded the Victoria Cross or the Victoria Cross for Australia.

             (2)  Victoria Cross allowance granted to a veteran under this section is in addition to any decoration allowance that has been or may be granted to the veteran under section 102.

             (4)  Victoria Cross allowance granted to a veteran under this section is payable at the rate of $3,230 per year.

Note:          The amount fixed by this subsection is indexed annually in line with CPI increases. See section 198FA.

104  Recreation transport allowance

             (1)  Subject to this section, the Commission may grant an allowance, called recreation transport allowance, to a veteran who is suffering an incapacity from a war‑caused injury or a war‑caused disease of a kind described in column 1 of the following table:

 

Column 1

Column 2

Description of incapacity

Rate per fortnight
$

1.    Both legs amputated above the knees

44.80

2.    Negligible powers of locomotion so as to be capable of moving, with the aid of crutches or walking sticks, for short distances only

44.80

3.    Handicapped with regard to locomotion to a degree that, in the opinion of the Commission, is similar to the degree of handicap with regard to locomotion associated with a disability described in item 1 or 2

44.80

4.    Both arms amputated at or above the wrists

22.40

5.    Both legs amputated below the knees

22.40

6.    One leg amputated above the knee and the other below the knee

22.40

7.    One leg amputated above or below the knee and one arm amputated below the elbow

22.40

8.    Blinded in both eyes

22.40

9.    Incapacitated to an extent that, in the opinion of the Commission, is similar in effect or severity to the extent of incapacity associated with a disability described in item 4, 5, 6, 7 or 8

22.40

10.  Handicapped with regard to locomotion to a degree that, in the opinion of the Commission, is similar in degree to the handicap with regard to locomotion associated with a disability described in item 5, 6, 7 or 8

22.40

             (2)  For the purposes of subsection (1):

                     (a)  a leg that has been rendered permanently and wholly useless above the knee or below the knee shall be treated as if it had been amputated above the knee or below the knee, as the case may be; and

                     (b)  an arm that has been rendered permanently and wholly useless at or above the wrist or below the elbow, shall be treated as if it had been amputated at or above the wrist, or below the elbow, as the case may be.

             (3)  Recreation transport allowance is payable to a veteran, in respect of the costs incurred by the veteran in travelling for recreational purposes, at the rate specified in column 2 of the table in subsection (1) opposite to the kind of incapacity described in column 1 from which the veteran is suffering.

             (4)  Recreation transport allowance is not payable to a veteran under subsection (1):

                     (a)  in respect of any period during which the veteran is being cared for, at public expense, in a hospital or other institution; or

                     (b)  if the veteran has participated, or is participating, in the Vehicle Assistance Scheme:

                              (i)  during the period of 2 years commencing on, and including, the date on which the veteran was first provided with a vehicle under that Scheme;

                             (ii)  during the period of 2 years commencing on, and including, the date on which a replacement motor vehicle grant was or is made under that Scheme in respect of the veteran;

                            (iii)  during any period during which there is, under that Scheme, due and payable by the veteran to the Commission the whole or part of an amount equal to the cost to the Commission of providing the veteran with a motor vehicle under that Scheme; or

                            (iv)  during any other period during which the veteran is, under that Scheme, eligible to be paid an allowance as a contributor towards the running and maintenance of a vehicle provided for the veteran under that Scheme.

             (5)  For the purpose of the application of subsection (4), a vehicle provided for a veteran before 22 May 1986 under the scheme known as the “Gift Car Scheme” shall, after the commencement of this subsection, be deemed to have been provided under the Vehicle Assistance Scheme.

105  Vehicle Assistance Scheme

             (1)  The Commission may, in writing, determine a scheme for the provision of motor vehicles to veterans eligible under this section to participate in the scheme and for the payment of allowances towards the cost of running and maintaining vehicles so provided.

             (5)  A veteran is, subject to subsection (7), eligible to participate in the scheme if the veteran is incapacitated from war‑caused injury or war‑caused disease by reason of:

                     (a)  amputation of both legs above the knee;

                     (b)  amputation of one leg above the knee and, in addition:

                              (i)  amputation of the other leg at or above the ankle and amputation of one arm at or above the wrist; or

                             (ii)  amputation of both arms at or above the wrists;

                     (c)  complete paraplegia resulting in the total loss of voluntary power in both legs to the extent that there is insufficient power for purposeful use for stance or locomotion; or

                     (d)  a condition that, in the opinion of the Commission, is similar in effect or severity to a condition described in paragraph (a) or (b).

             (7)  For the purposes of subsection (5):

                     (a)  a leg that has been rendered permanently and wholly useless above the knee shall be treated as if it had been amputated above the knee;

                     (b)  a veteran shall not be taken to be incapacitated by reason of the disability described in paragraph (5)(c) unless the disability is such that surgical or other therapeutic measures are not reasonably capable of restoring power for purposeful use for stance or locomotion.

Determination must be approved by the Minister

             (8)  A determination under subsection (1) has no effect unless the Minister has approved it in writing.

             (9)  A determination under subsection (1) approved by the Minister and as in force from time to time is the Vehicle Assistance Scheme.

Variation or revocation of Vehicle Assistance Scheme

           (10)  The Commission may, by written determination, vary or revoke the Vehicle Assistance Scheme.

           (11)  A determination under subsection (10) has no effect unless the Minister has approved it in writing.

Legislative instruments

           (12)  A determination under subsection (1) or (10) made by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination is approved.

Provision of benefits

           (13)  The Commission may provide benefits for veterans referred to in subsection (5) under and in accordance with the provisions of the Vehicle Assistance Scheme.

106  Special assistance

             (1)  Subject to subsection (2), the Commission may, in such circumstances, and subject to such conditions (if any), as are prescribed in a legislative instrument made by the Commission for the purposes of this subsection, in its discretion, grant to a veteran, or to a dependant of a veteran or deceased veteran, assistance or benefits of such a kind, and of such an amount or value, as it deems fit in all the circumstances of the case.

             (2)  The Commission must not grant assistance or benefits to a person under subsection (1):

                     (a)  in circumstances in which the person is eligible to be granted an allowance or assistance under another provision of this Act; or

                     (b)  to a veteran, or a dependant of a veteran or a deceased veteran, if the veteran is only a veteran because of service rendered after the MRCA commencement date.

Note:          The Military Rehabilitation and Compensation Commission can grant assistance or benefits to veterans who render service after the MRCA commencement date, or to dependants of such veterans (see section 424 of the MRCA).

108  Loss of earnings allowance

             (1)  The Commission may grant an allowance, called loss of earnings allowance, to a person in accordance with the provisions of this section.

             (2)  Loss of earnings allowance may be granted to a veteran, in respect of any loss of salary or wages, or loss of earnings on his or her own account from an occupation in which he or she is engaged, suffered by reason of:

                     (a)  the veteran’s undergoing treatment for incapacity from a war‑caused injury or a war‑caused disease;

                     (b)  the veteran’s having to wait for the supply of, or repairs to, an artificial replacement or other surgical aid or appliance necessitated by such an incapacity;

                     (c)  an investigation of a claim or application made by the veteran under Part II or of a pension granted to the veteran under that Part; or

                     (d)  the veteran’s undergoing treatment associated with such an investigation;

for the period in respect of which the veteran suffered that loss.

             (3)  Where:

                     (a)  a veteran travels for the purpose of:

                              (i)  obtaining treatment;

                             (ii)  restoration of his or her health;

                            (iii)  being fitted with surgical aids or appliances or artificial replacements;

                            (iv)  an investigation referred to in paragraph (2)(c); or

                             (v)  any other matter related to the payment of a pension; and

                     (b)  the Commission authorizes a person to accompany the veteran as his or her attendant;

loss of earnings allowance may be granted to the attendant, in respect of any loss of salary or wages, or loss of earnings on his or her own account, suffered by reason of having so accompanied the veteran, for the period in respect of which the attendant suffered that loss.

             (4)  Where a claim for pension for a veteran or a dependant of a veteran:

                     (a)  is made by another person, as provided by section 16, on behalf of the veteran or dependant; or

                     (b)  is prosecuted by a person who is the legal personal representative of the claimant, or by a person approved under section 126, following the death of the claimant;

loss of earnings allowance may be granted to the person, in respect of any loss of salary or wages, or loss of earnings on his or her own account, suffered by reason of an investigation under section 17 of the claim for the period in respect of which the person suffered that loss.

             (5)  Subject to subsection (6), where, in any year, a veteran who is an employee of another person:

                     (a)  was granted leave of absence on account of illness for a period in respect of which the veteran was absent from his or her employment for a reason referred to in paragraph (2)(a), (b), (c) or (d);

                     (b)  was, during a subsequent period of that year, absent from his or her employment by reason of:

                              (i)  any illness or disease; or

                             (ii)  undergoing treatment related to any illness or disease;

                            other than a war‑caused illness or a war‑caused disease; and

                     (c)  has incurred loss of salary or wages as a result of absence from his or her employment referred to in paragraph (b) of this subsection;

loss of earnings allowance may be granted to the veteran, in respect of that loss of salary or wages, for the period in respect of which the veteran suffered that loss.

             (6)  Where, in a year, the period, or aggregate of the periods, for which loss of earnings allowance is payable to a veteran by virtue of subsection (5) has equalled:

                     (a)  the period, or aggregate of the periods, referred to in paragraph (5)(a) for which the veteran has been absent from his or her employment in that year; or

                     (b)  a period equal to the period credited, or notionally credited, in respect of the veteran for that year, under the terms and conditions of his or her employment, by way of sick leave credit (however described);

whichever is the less, loss of earnings allowance is not payable to the veteran by virtue of subsection (5) in respect of any part of the remainder of that year.

             (7)  Loss of earnings allowance is not payable to a person under this section in respect of any period in respect of which the person is paid pension under Part II at the rate specified in subsection 24(4).

             (8)  The amount of loss of earnings allowance payable to a veteran by virtue of subsection (2) or (5) in respect of loss of salary or wages, or of earnings on his or her own account, (in this subsection referred to as the relevant loss of remuneration) suffered by the veteran in respect of a period (in this subsection referred to as the relevant period) is:

                     (a)  an amount equal to:

                              (i)  unless subparagraph (ii) or (iii) applies—the amount of pension that would be payable to the veteran in respect of the relevant period if the veteran were a veteran to whom section 24 applied and the veteran’s pension were required to be calculated at the rate specified in subsection 24(4) (in this subsection that amount of pension is referred to as the maximum amount in respect of the relevant period);

                             (ii)  if the veteran is in receipt of a pension under Part II—the amount by which the maximum amount in respect of the relevant period exceeds the amount of pension under Part II that is payable to the veteran in respect of the relevant period; or

                            (iii)  if the veteran is not in receipt of a pension under Part II but would be in receipt of such a pension but for the provisions of section 26, 30C or 30D or is in receipt of a pension under Part II that has been reduced in accordance with the provisions of that section—the amount by which the maximum amount in respect of the relevant period exceeds the amount of pension under Part II that would be payable to the veteran in respect of the relevant period if section 26, 30C or 30D, as the case requires, were omitted from this Act; or

                     (b)  an amount equal to the amount that the veteran would have earned, or could reasonably be expected to have earned, from the occupation referred to in subsection (2) of this section or from the employment referred to in subsection (5) of this section, as the case may be, in respect of the relevant period by way of salary or wages or of earnings on his or her own account less an amount equal to the sum of:

                              (i)  the amount (if any) earned by the veteran from that occupation or employment, or from any other occupation or employment, in respect of the relevant period by way of salary or wages or earnings on his or her own account;

                             (ii)  the amount (if any) that the veteran receives, or is entitled to receive, in respect of the relevant period, by way of compensation for the relevant loss of remuneration, under a law of the Commonwealth, a State, a Territory or a country other than Australia that makes provision for the payment of compensation or other benefits to persons in respect of incapacities arising out of, or in the course of, employment or caused by, or arising out of, the use of motor vehicles;

                            (iii)  the amount (if any) that the veteran receives, or is entitled to receive, from his or her employer by way of gratuity or other payment in respect of the relevant loss of remuneration suffered by the veteran in respect of the relevant period; and

                            (iv)  the amount (if any) that the veteran receives, or is entitled to receive, in respect of the relevant loss of remuneration suffered by the veteran in respect of the relevant period, under a contract, arrangement or agreement (including a contract of insurance), whether or not the veteran is a party to the contract, arrangement or agreement, but not being an amount of a kind referred to in subparagraph (ii) or (iii);

whichever is the lesser amount.

             (9)  The amount of loss of earnings allowance payable to a person by virtue of subsection (3) in respect of a period is:

                     (a)  the amount that would be payable to the person in respect of the period in accordance with paragraph (8)(b) if the person were a veteran who was entitled to be paid that allowance by virtue of subsection (2); or

                     (b)  the amount that would be payable to the person in respect of the period by way of pension under Part II if the person were eligible to be paid a pension under that Part, section 24 applied to the person and section 26, 30C or 30D did not apply to the person;

whichever is the lesser amount.

           (10)  The amount of loss of earnings allowance payable to a person by virtue of subsection (4) in respect of a period is such amount as the Commission considers reasonable in all the circumstances but not exceeding the amount that the person would have earned, or could reasonably be expected to have earned, in the period by way of salary and wages, or earnings on his or her own account.

           (11)  Loss of earnings allowance is not payable to a person under this section unless the person furnishes to the Commission such information (including certificates of medical practitioners or other persons) as is required by the regulations to be so furnished.

           (12)  In this section:

leave of absence on account of illness, in relation to a veteran who is an employee of another person, means leave of absence from the veteran’s employment granted to the veteran without loss of earnings by reason of any illness or incapacity or treatment provided for an illness or incapacity.

year, in relation to a veteran who is an employee of another person, means the period of 12 months that commenced on the date on which, under his or her terms and conditions of employment, the veteran was last credited, or last notionally credited, with a period by way of sick leave (however described).

Note:          If section 25A applies to a veteran, the rate at which loss of earnings allowance is payable to the veteran is reduced in accordance with that section.

109  Advances on account of loss of earnings allowance

             (1)  Where the Commission is satisfied:

                     (a)  that a person may reasonably be expected to become entitled to be paid loss of earnings allowance under section 108 in respect of a period (in this section called the period of entitlement); and

                     (b)  that it is, in all the circumstances, appropriate for the person to be paid an advance on account of the loss of earnings allowance that the person is expected to become entitled to be paid in respect of a period (in this section called the period of advance), being the whole or a part of the period of entitlement;

the Commission may authorize payment to the person of an advance accordingly in respect of the period of advance.

             (2)  The amount paid to a person by way of advance under subsection (1) in respect of a period of advance, or the aggregate of the amounts so paid to a person in respect of the periods of advance included in a period of entitlement, as the case may be, shall not exceed the amount estimated by the Commission to be the amount of loss of earnings allowance likely to be payable to the person in respect of that period of advance or those periods of advance, as the case may be.

             (3)  If the amount of the advance, or the sum of the amounts of advances, paid to a person in relation to a period of entitlement exceeds the amount of loss of earnings allowance that becomes payable to the person in respect of that period of entitlement, the person is liable to pay an amount equal to the excess to the Commonwealth.

110  Travelling expenses

             (1)  Where a veteran, or a dependant of a deceased veteran, travels, with the approval of the Commission, for the purpose of:

                     (a)  obtaining treatment;

                     (b)  restoration of his or her health; or

                     (c)  being fitted with surgical aids or appliances or artificial replacements;

the veteran, or the dependant, as the case may be, is, subject to this section and to such conditions as are prescribed, entitled to be paid such travelling expenses, in connection with that travel, as are prescribed.

          (1A)  If:

                     (a)  a veteran travels, with the approval of the Commission under subsection (1), for the purpose of obtaining treatment; and

                     (b)  the treatment is of a kind prescribed in an instrument under subsection (6); and

                     (c)  the veteran’s partner travels for the purpose of participating in that treatment;

the veteran’s partner is, subject to this section and to such conditions as are prescribed by the regulations, entitled to be paid such travelling expenses, in connection with that travel, as are prescribed by the regulations.

Note:          For treatment see section 94 and Part V.

             (2)  Subject to such conditions as are prescribed, where:

                     (a)  a veteran, or a dependant of a deceased veteran, travels, with the approval of the Commission, as described in subsection (1); and

                     (b)  the Commission authorises a person to accompany the veteran or dependant as his or her attendant;

the attendant is, subject to this section, entitled to be paid such travelling expenses, in connection with that travel, as are prescribed.

          (2A)  An approval under subsection (1) or an authorisation under paragraph (2)(b) may be given before or after the travel is completed.

             (3)  Travelling expenses are not payable under this section in respect of travel outside Australia.

          (3A)  Travelling expenses are not payable under this section in respect of treatment obtained under subsection 85(2A) (treatment for certain injuries covered by the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988).

Note:          Travelling expenses incurred in respect of treatment obtained under subsection 85(2A) may be payable under section 16 of the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988.

             (4)  Where the Commission is satisfied:

                     (a)  that a person may reasonably be expected to become entitled to be paid travelling expenses under this section; and

                     (b)  that it is in all the circumstances appropriate for the person to be paid an advance on account of the travelling expenses that the person is expected to become entitled to be paid;

the Commission may authorise payment to the person of an advance on account of the travelling expenses that the person is expected to become entitled to be paid.

             (5)  If the amount of the advance paid to a person on account of any travelling expenses in respect of any travel of the person exceeds the amount of travelling expenses that become payable to the person in respect of that travel, the person is liable to repay an amount equal to the excess to the Commonwealth.

             (6)  The Commission may, by legislative instrument, prescribe kinds of treatment for the purposes of paragraph (1A)(b).

Division 3Procedural

111  Application

             (1)  Each of the following allowances, payments or benefits is a benefit to which this section applies, namely:

                     (a)  clothing allowance;

                     (b)  attendant allowance;

                   (ba)  bereavement payment under section 98AA;

                     (c)  funeral benefit under section 99 or 100;

                     (d)  Victoria Cross allowance;

                     (e)  recreation transport allowance;

                     (g)  loss of earnings allowance;

                     (h)  travelling expenses.

             (2)  An application for a benefit to which this section applies:

                     (a)  shall be in accordance with a form approved by the Commission;

                     (b)  shall be accompanied by such certificates and other evidence (relevant to the applicant’s entitlement to the benefit) as are required to be furnished by this Act, the regulations or the form of application; and

                     (c)  is to be lodged at an office of the Department in Australia in accordance with section 5T and is taken to have been made on a day determined under that section.

             (3)  An application for a benefit to which this section applies may be made:

                     (a)  by the person eligible to be granted the benefit; or

                     (b)  with the approval of that person or of the Commission under subsection (4), by another person on behalf of that person.

             (4)  Where a person eligible to be granted a benefit to which this section applies is unable, by reason of physical or mental ailment, to approve a person to make an application for that benefit on his or her behalf, the Commission may approve a person to make the application on his or her behalf.

             (5)  Where an application for a benefit to which this section applies is made by a person on behalf of another person, the other person on whose behalf the application is made, and not the person making the application on behalf of that other person, shall be treated as the applicant.

             (6)  For the purposes of this Division, where:

                     (a)  a person makes an application in writing for an allowance or benefit to which this section applies, but otherwise than in accordance with a form approved for the purposes of subsection (2); and

                     (b)  the person subsequently makes an application for the allowance or benefit in accordance with a form so approved:

                              (i)  at a time when the person had not been notified by the Department, in writing, that it would be necessary to make the application in accordance with a form so approved; or

                             (ii)  within 3 months after the person had been so notified;

the Commission may treat the application referred to in paragraph (b) as having been received at an office of the Department in Australia on the date on which the application referred to in paragraph (a) was so received.

             (7)  An applicant for a benefit to which this section applies may, at any time before the application is determined by the Commission, by notice in writing forwarded to the Commission at an office of the Department in Australia, withdraw the application.

             (8)  The withdrawal of an application for a benefit to which this section applies does not prevent the applicant from subsequently making another application for such a benefit.

112  Time for applying for certain benefits

          (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.

             (2)  An application for loss of earnings allowance for a period in respect of which a person has suffered a loss of salary or wages, or loss of earnings on his or her own account, as set out in subsection 108(2), (3), (4) or (5), shall be made within 12 months after the commencement of that period.

             (3)  An application for travelling expenses in connection with travel referred to in subsection 110(1), (1A) or (2) must be made within:

                     (a)  12 months after the completion of that travel; or

                     (b)  if the Commission thinks that there are exceptional circumstances that justify extending that period—such further period as the Commission allows.

             (4)  An application made to the Commission for the grant of:

                    (aa)  bereavement payment under section 98AA; or

                     (b)  loss of earnings allowance; or

                     (c)  travelling expenses;

after the expiration of the period applicable to the application by virtue of subsection (1A), (2) or (3), as the case requires, is of no force or effect.

113  Time for applying for funeral benefit

             (1)  Subject to this section, application may be made to the Commission for the grant of a funeral benefit under section 99 or 100 in respect of the funeral of a person, being:

                     (a)  a deceased veteran;

                     (b)  a deceased dependant of a deceased veteran;

within 12 months after the death of the person.

             (2)  Where, after the death of a veteran, a decision is made under this Act:

                     (a)  determining that the death was war‑caused;

                     (b)  granting a pension under Part II in respect of the veteran, as from a date before the death of the veteran:

                              (i)  at a rate that is worked out under subsection 22(4); or

                             (ii)  at a rate that is worked out under section 24; or

                            (iii)  at a rate that is worked out under section 27 because the veteran was suffering from incapacity from a war‑caused injury or a war‑caused disease of a kind described in any of items 1 to 8 of the Table in subsection 27(1); or

                     (c)  increasing the rate of the pension granted to the veteran under Part II as from a date before the death of the veteran:

                              (i)  to a rate worked out under subsection 22(4) or section 24; or

                             (ii)  to a rate worked out under section 27 because the veteran was suffering from incapacity from a war‑caused injury or a war‑caused disease of a kind described in any of items 1 to 8 of the Table in subsection 27(1);

application for the grant of a funeral benefit under section 99 in respect of the funeral of the veteran may be made to the Commission within the period of 12 months after the date on which that decision was made or within the period of 3 months after the date on which the Veterans’ Affairs Legislation Amendment Act 1987 received the Royal Assent, whichever last expires.

             (3)  Where, after the death of a veteran, the Commission gives an approval of a kind referred to in subsection 99(3) in relation to the veteran, application may be made to the Commission for the grant of a funeral benefit under section 99 in respect of the funeral of the veteran within 12 months after the date on which that approval was given.

             (5)  Application made to the Commission for the grant of a funeral benefit under section 99 or 100 in respect of the funeral of a person after the expiration of the period specified in subsection (1), (2) or (3) of this section, whichever is applicable, is of no force or effect.

114  Commencement of payment of certain allowances

             (1)  Subsection (2) applies to:

                     (a)  clothing allowance;

                     (b)  attendant allowance; and

                     (c)  recreation transport allowance.

             (2)  An allowance to which this subsection applies payable to a veteran by reason that the veteran is suffering incapacity from a war‑caused injury or a war‑caused disease is payable:

                     (a)  if application for the allowance is made within 3 months after the date on which the determination was made under this Act determining that the injury was a war‑caused injury or the disease was a war‑caused disease, as the case may be—as from the date on which that determination was made; or

                     (b)  in any other case—as from the date on which the veteran’s application for the allowance in respect of that war‑caused injury or war‑caused disease is received at an office of the Department in Australia.

115  Review of decision etc.

             (1)  Subject to subsection (2), a person who is dissatisfied with a decision of the Commission in respect of an application for:

                     (a)  clothing allowance; or

                    (aa)  bereavement payment under section 98AA; or

                     (b)  funeral benefits under section 99 or 100; or

                     (c)  decoration allowance; or

                     (d)  Victoria Cross allowance; or

                     (e)  recreation transport allowance; or

                     (g)  loss of earnings allowance;

may request the Commission, in writing, to review the decision, and, where such a request is duly made, the Commission shall review the decision, or cause the decision to be reviewed by a person to whom the Commission has delegated its powers under this section (not being the person who made the decision).

          (1A)  A request under subsection (1) must be lodged with the Commission at an office of the Department in Australia in accordance with section 5T and is taken to have been made on a day determined under that section.

             (2)  A request under subsection (1) to review a decision of the Commission shall set out particulars of the grounds on which the request is made, and may be made within 3 months after service on the person to whom the decision relates of notice of the decision, but not otherwise.

             (3)  Where the Commission reviews a decision under subsection (1), the Commission may affirm or set aside the decision and, if it sets aside the decision, it shall make such other decision as it considers to be in accordance with this Act.

             (4)  Where the Commission makes a decision, in substitution for the decision set aside, granting an application for an allowance specified in subsection (1), it may approve payment of the allowance as from a date not earlier than the date as from which the Commission could have approved payment of the allowance if it had made the substituted decision in place of the original decision.

             (5)  Sections 57D, 57E and 57F apply to a review under this section in like manner as they apply to a review under Division 16 of Part IIIB and, for the purpose of their application to a review under this section:

                     (a)  references in sections 57D, 57E and 57F to Division 16 of Part IIIB shall be read as references to this section; and

                     (b)  references in section 57F to a review shall be read as references to a review under subsection (1) of this section.

             (6)  A reference in subsection (1) to a decision in respect of an application for funeral benefits under section 99 shall be read as not including a reference to a decision of the Commission to grant, or refuse to grant, an approval of a kind referred to in paragraph 99(3)(a) or (b).

Part VIARehabilitation

Division 1Preliminary

115A  Definitions

             (1)  In this Part, unless the contrary intention appears:

CPI indexation day means:

                     (a)  for the purposes of section 115D—the day that begins each relevant period within the meaning of that term in section 198; and

                     (b)  for the purposes of section 115G—a day that is an indexation day for the maximum basic rate under subsection 59B(1).

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

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

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

unemployment includes:

                     (a)  retirement from remunerative work; and

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

but does not include any period of paid leave.

veteran means:

                     (a)  a person:

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

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

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

                     (b)  a member of the Forces; or

                     (c)  a member of a Peacekeeping Force.

work and pension income rate of a veteran, in relation to a pension period, has the meaning given by subsections (2) and (3).

Veteran to whom section 23 applies

             (2)  If section 115D applies to a veteran because of subsection 115D(1), then the work and pension income rate of the veteran for a pension period is worked out using the following formula:

Veteran to whom section 24 applies

             (3)  If section 115D applies to a veteran because of subsection 115D(1A), then the work and pension income rate of the veteran for a pension period is worked out using the following formula:

115B  Veterans’ Vocational Rehabilitation Scheme

             (1)  The Commission may, in writing, determine a scheme to assist specified classes of veterans who render service before the MRCA commencement date to find employment and to continue in employment.

Note:          A rehabilitation program that is being provided to a veteran under the scheme might cease if the veteran is also provided with rehabilitation under the MRCA (see section 18 of the CTPA).

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

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

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

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

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

                   (da)  the provision of services, under the scheme, to specified veterans for the management of medical conditions of those veterans; and

                   (db)  the provision of psychosocial services, under the scheme, to specified veterans; and

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

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

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

                     (h)  the payment of financial assistance, under the scheme, to specified employers in respect of the provision by the employers of employment to veterans as mentioned in subsection (1).

Determination must be approved by the Minister

             (6)  A determination under subsection (1) has no effect unless the Minister has approved it in writing.

             (7)  A determination under subsection (1) approved by the Minister and as in force from time to time is the Veterans’ Vocational Rehabilitation Scheme.

Variation or revocation of Veterans’ Vocational Rehabilitation Scheme

             (8)  The Commission may, by written determination, vary or revoke the Veterans’ Vocational Rehabilitation Scheme.

             (9)  A determination under subsection (8) has no effect unless the Minister has approved it in writing.

Legislative instruments

           (10)  A determination under subsection (1) or (8) made by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination is approved.

Consultation

           (11)  Before making a determination under subsection (1) or (8), the Commission must consult such organisations and associations, representing the interests of the veteran community, as the Commission thinks appropriate.

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

115C  Rate of pension while on program

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

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

115D  Reduced daily pension amount—pensions under Parts II and IV

Application of section

             (1)  This section applies to a veteran if:

                     (a)  section 23 applies to the veteran; and

                     (b)  the veteran is engaged in remunerative work of 20 hours or more per week as a result of undertaking a vocational rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme.

The section sets out how to work out the veteran’s reduced daily pension amount.

Note 1:       This amount is used to work out the rate of pension payable under section 23.

Note 2:       This section does not apply to certain veterans: see subsections (5) and (6).

          (1A)  This section also applies to a veteran if:

                     (a)  section 24 applies to the veteran; and

                     (b)  the veteran is engaged in remunerative work of more than 8 hours per week as a result of undertaking a vocational rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme.

The section sets out how to work out the veteran’s reduced daily pension amount.

Note 1:       This amount is used to work out the rate of pension payable under section 24.

Note 2:       This section does not apply to certain veterans: see subsections (5) and (6).

Reduced daily pension amount during the initial period

             (2)  A veteran’s reduced daily pension amount for a pension period that occurs within the initial period is worked out using the following formula:

Note 1:       Expressions used in this subsection are defined in subsection (7).

Note 2:       The Commission can increase a reduced daily pension amount under section 115F.

Reduced daily pension amount during the second period

             (3)  A veteran’s reduced daily pension amount for a pension period that occurs within the second period is worked out using the following formula:

Note 1:       Expressions used in this subsection are defined in subsection (7).

Note 2:       The Commission can increase a reduced daily pension amount under section 115F.

Reduced daily pension amount 5 years after the initial period

             (4)  A veteran’s reduced daily pension amount for a pension period that occurs more than 5 years after the end of the initial period is nil.

Note:          The Commission can increase a reduced daily pension amount under section 115F.

Veteran who is unemployed for at least 2 weeks

             (5)  This section does not apply to a veteran who is unemployed for a continuous period of at least 2 weeks in respect of the pension periods within that 2 week period.

Veteran who is blinded in both eyes

             (6)  This section does not apply to a veteran for a pension period if the veteran is receiving a pension for the period at the special rate because of subsection 24(3).

Definitions

             (7)  In this section:

CPI amount means the amount worked out using the following formula:

daily above general rate for a veteran means the rate worked out using the following formula:

initial period for a veteran means the period:

                     (a)  that begins on the day after the day the veteran first commenced remunerative work as a result of undertaking a vocational rehabilitation program; and

                     (b)  that ends immediately before the first CPI indexation day that occurs more than 2 years after that day.

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

second period means the period:

                     (a)  that begins immediately after the initial period; and

                     (b)  runs for 5 years.

taper amount for a veteran means the following amount:

                     (a)  if the veteran’s average weekly hours are 40 hours or more—zero;

                     (b)  if subsection (1) applies and the veteran’s average weekly hours are less than 40 hours—the amount worked out using the following formula:

                           

                     (c)  if subsection (1A) applies and the veteran’s average weekly hours are less than 40 hours—the amount worked out using the following formula:

                           

115E  Application for increase in reduced daily pension amount

             (1)  This section applies if, because of the application of section 115D in respect of the rate of pension payable to a veteran, the work and pension income rate of the veteran in relation to a pension period is or would be less than the unaffected pension rate for the veteran in relation to that period.

             (2)  A veteran to whom this section applies may apply to the Commission to have the reduced daily pension amount under section 115D increased.

             (3)  An application must be:

                     (a)  in writing; and

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

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

                     (d)  lodged at an office of the Department in Australia in accordance with section 5T.

             (4)  An application lodged in accordance with section 5T is taken to have been made on a day determined under that section.

115F  Determination by the Commission

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

             (2)  If this section applies, the Commission may increase in writing the veteran’s reduced daily pension amount under section 115D, for a past, present or future pension period, to the amount that the Commission is satisfied results in the work and pension income rate being equal to the unaffected pension rate.

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

115G  Excluded income amount—invalidity service pensions

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

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

where:

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

earnings means salary, wages or earnings from remunerative work in each pension period.

          (2A)  If the veteran does not undertake any remunerative work in a continuous period of at least 6 months:

                     (a)  in working out the length of the initial period, or the 5‑year period mentioned in subsection (2), in relation to the veteran, disregard that continuous period; and

                     (b)  in doing calculations under subsection (1) or (2) in relation to the veteran, disregard that continuous period.

             (3)  This section has effect only for the purposes of working out the amount of a veteran’s invalidity service pension.

             (4)  This section is subject to section 46AD (about no double income reductions under this section and section 46AA).

Division 3Recovery of cost of rehabilitation

115H  Recovery of cost of rehabilitation

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

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

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

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

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

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

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

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

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

in relation to the disease, disability or condition.

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

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

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

             (6)  If the veteran is, under subsection (5), liable to make payment to the Commonwealth for a rehabilitation program provided by the Commission, the Commission may, by written notice given to a person who:

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

                     (b)  is liable;

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

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

115J  Where a person receives a notice under subsection 115H(6)

             (1)  This section applies to a person if the person has been given a notice under subsection 115H(6).

             (2)  If the person:

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

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

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

                     (c)  an amount equal to the cost of the rehabilitation program that the veteran is liable, or may become liable, under subsection 115H(5), to pay; or

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

whichever is the less.

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

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

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

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

                     (b)  as a discharge of the veteran’s liability under subsection 115H(5).

115K  Recovery of amount by the Commonwealth

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

115L  Determination of amount of costs of rehabilitation programs

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

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

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

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

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

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

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

Part VIBPrisoner of war recognition supplement

Division 1Eligibility for prisoner of war recognition supplement

115M  Eligibility for prisoner of war recognition supplement

World War 2 internments—European States

             (1)  A veteran is eligible for a prisoner of war recognition supplement if the veteran was interned by the military forces of an enemy State at any time during the period starting on 3 September 1939 and ending at the end of 11 May 1945.

             (2)  A civilian is eligible for a prisoner of war recognition supplement if:

                     (a)  the civilian was interned by the military forces of an enemy State at any time during the period starting on 3 September 1939 and ending at the end of 11 May 1945; and

                     (b)  the civilian was domiciled in Australia immediately before the civilian’s internment.

World War 2 internments—Japan

             (3)  A veteran is eligible for a prisoner of war recognition supplement if the veteran was interned by the military forces of Japan at any time during the period beginning on 7 December 1941 and ending at the end of 29 October 1945.

             (4)  A civilian is eligible for a prisoner of war recognition supplement if:

                     (a)  the civilian was interned by the military forces of Japan at any time during the period beginning on 7 December 1941 and ending at the end of 29 October 1945; and

                     (b)  the civilian was domiciled in Australia immediately before the civilian’s internment.

North Korean internments

             (5)  A veteran is eligible for a prisoner of war recognition supplement if the veteran was interned by the military forces of North Korea at any time during the period beginning on 27 June 1950 and ending at the end of 19 April 1956.

One supplement only

             (6)  A person is not entitled to more than one prisoner of war recognition supplement.

Definitions

             (7)  In this section:

civilian means a person who is not a veteran.

enemy State means:

                     (a)  a European State that was at war with the Crown at any time during the period starting on 3 September 1939 and ending at the end of 11 May 1945; or

                     (b)  a European ally (whether or not a State) of a State covered by paragraph (a).

interned means:

                     (a)  confined in a camp, building, prison, cave or other place (including a vehicle); or

                     (b)  restricted to residing within specified limits.

military forces means air forces, naval forces, land forces or other military forces (however described).

115N  When prisoner of war recognition supplement is payable

             (1)  If, on 20 September 2011, the Commission is satisfied that a person is eligible for a prisoner of war recognition supplement, the supplement is payable to the person without the person having to make a claim for the supplement under Division 3.

             (2)  If subsection (1) does not apply in relation to a person, a prisoner of war recognition supplement is not payable to the person unless the person makes a claim for the supplement under Division 3.

             (3)  A prisoner of war recognition supplement is not payable to a person in relation to a pension period if before the start of that period:

                     (a)  the person had elected not to be covered by this Part; and

                     (b)  that election had not been withdrawn.

             (4)  An election, or a withdrawal of an election, under this section:

                     (a)  must be by document lodged at an office of the Department in Australia in accordance with section 5T; and

                     (b)  is taken to have been made on a day determined under that section.

Division 2Rate of prisoner of war recognition supplement

115P  Rate of prisoner of war recognition supplement

                   The rate of prisoner of war recognition supplement under section 115M is $500.00 per fortnight.

Note:          The amount specified in this section is adjusted annually in line with CPI increases under section 198D.

Division 3Claims for prisoner of war recognition supplement

115Q  Making of claims

             (1)  A claim for a prisoner of war recognition supplement must be made in accordance with procedures determined by the Commission under subsection (2).

Note:          A prisoner of war recognition supplement will be made automatically to those eligible persons the Department is aware of.

             (2)  The Commission may, in writing, determine the procedures for making claims.

             (3)  A determination made under subsection (2) is not a legislative instrument.

115R  Determination of claims

             (1)  Claims are to be determined by the Commission.

             (2)  If the Commission determines that a prisoner of war recognition supplement is payable to a person, the determination takes effect on the day on which the determination is made or on such earlier day as is specified in the determination.

             (3)  A person who is dissatisfied with the Commission’s decision on a claim may apply to the Administrative Appeals Tribunal for review of the decision.

Part VIIVeterans’ Children Education Scheme

  

116  Interpretation

             (1)  In this Part, unless the contrary intention appears:

eligible child means:

                     (a)  an eligible child of a member of the Forces, or of a member of a Peacekeeping Force; or

                     (b)  an eligible child of a veteran.

eligible child of a member of the Forces, or of a member of a Peacekeeping Force means:

                     (a)  a child of a deceased member of the Forces, or of a deceased member of a Peacekeeping Force, being a member:

                              (i)  whose death was defence‑caused; or

                             (ii)  who was, immediately before his or her death, a member to whom subsection 22(4) or section 24 applied; or

                            (iii)  who was, immediately before his or her death, in receipt of a pension under Part IV in respect of incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1); or

                     (b)  a child of a member of the Forces, or of a member of a Peacekeeping Force, being a member:

                              (i)  to whom subsection 22(4) or section 24 applies; or

                             (ii)  who is in receipt of a pension under Part IV in respect of incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1).

eligible child of a veteran means:

                     (a)  a child of a deceased veteran, being a veteran:

                              (i)  whose death was war‑caused; or

                             (ii)  who was, immediately before his or her death, a veteran to whom subsection 22(4) or section 24 applied; or

                            (iii)  who was, immediately before his or her death, in receipt of a pension under Part II in respect of incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1); or

                            (iv)  who was a prisoner of war at a time when the veteran was on operational service; or

                     (b)  a child of a veteran, being a veteran:

                              (i)  to whom subsection 22(4) or section 24 applies; or

                             (ii)  who is in receipt of a pension under Part II in respect of incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1); or

                     (d)  a child of a deceased veteran, being a child who is in receipt of, or is eligible to be granted, a pension under subsection 13(4); or

                     (e)  a person determined under subsection 116C(2) to be included in a class that has been determined by the Commission under subsection 116A(1) for the purposes of this paragraph.

eligible grandchild of a Vietnam veteran means a person determined under subsection 116CC(2) to be included in a class of persons that has been determined by the Commission under subsection 116CA(1) for the purposes of this definition.

grandchild of a veteran means a person who is a child of a person who is a child of the veteran. The definition of child in subsection 5F(1) does not apply for the purposes of this definition.

Note:          Section 10 deals with interpreting references to a child of a veteran or to a child of a person who is not a veteran.

member of the Forces and member of a Peacekeeping Force have the same respective meanings as they have in Part IV.

Vietnam service means operational service in Vietnam that is covered by section 6C, 6E or 6F.

             (2)  If, after the death of a member of the Forces, or of a member of a Peacekeeping Force, a pension is granted in respect of the member under Part IV, or the rate of the pension granted to the member under Part IV is increased, as from a date before the death of the member in circumstances where:

                     (a)  subsection 22(4) or section 24 applied to the member; or

                     (b)  the member was suffering from an incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1);

then, the member is taken, for the purposes of the definition of eligible child of a member of the Forces, or of a member of a Peacekeeping Force in subsection (1), to have been:

                     (c)  if paragraph (a) applies—a member to whom subsection 22(4) or section 24 applied immediately before his or her death; or

                     (d)  if paragraph (b) applies—in receipt of that pension or of pension at that increased rate, as the case may be, immediately before his or her death.

             (3)  If, after the death of a veteran, a pension is granted in respect of the veteran under Part II, or the rate of the pension granted to the veteran under Part II is increased, as from a date before the death of the veteran in circumstances where:

                     (a)  subsection 22(4) or section 24 applied to the veteran; or

                     (b)  the veteran was suffering from an incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1);

then, the veteran is taken, for the purposes of the definition of eligible child of a veteran in subsection (1), to have been:

                     (c)  if paragraph (a) applies—a veteran to whom subsection 22(4) or section 24 applied immediately before his or her death; or

                     (d)  if paragraph (b) applies—in receipt of that pension or of pension at that increased rate, as the case may be, immediately before his or her death.

             (4)  Where:

                     (a)  before an eligible child attains the age of 25 years, approval is given under the Veterans’ Children Education Scheme for the child to undertake a course of education or training;

                     (b)  the child attains the age of 25 years before completing that course; and

                     (c)  the child continues, after attaining the age of 25 years, to undertake that course for the purpose of completing it;

this Part applies to and in relation to the continued undertaking of that course by the child after he or she attained the age of 25 years as if he or she were under the age of 25 years.

116A  Determination of class of persons for the purposes of paragraph (e) of the definition of eligible child in subsection 116(1)

             (1)  The Commission may, by legislative instrument, determine a class of persons for the purposes of paragraph (e) of the definition of eligible child of a veteran in subsection 116(1). However, the persons must be the children of veterans who render service before the MRCA commencement date.

Variation or revocation

             (2)  The Commission may, by legislative instrument, vary or revoke a determination under subsection (1).

116B  Eligible child of a veteran—person may apply for determination under subsection 116C(2)

             (1)  An application for a determination under subsection 116C(2) to be made in respect of a person who is, or was, the child of a veteran may be made, in writing, to the Commission:

                     (a)  in the case of a person (the child) who is, or was, the child of a veteran and who is over the age of 18 years:

                              (i)  by the child; or

                             (ii)  with the approval of the child, by another person on behalf of the child; or

                            (iii)  if the child is unable, by reason of physical or mental incapacity, to approve a person to make the claim or application on his or her behalf—by another person, being a person approved by the Commission, on behalf of the child; or

                     (b)  in the case of a person who is, or was, the child of a veteran and who is under the age of 18 years:

                              (i)  by a parent or guardian of the child; or

                             (ii)  by another person approved by a parent or guardian of the child; or

                            (iii)  if there is no parent or guardian of the child alive, or willing and able to make, or approve a person to make, such an application on behalf of the child—by another person, being a person approved by the Commission;

                            on behalf of the child.

             (2)  An application under subsection (1) is to be lodged at an office of the Department in Australia in accordance with section 5T and is taken to have been made on a day determined under that section.

116C  Eligible child of a veteran—Commission may determine that a person is a member of a class under section 116A

             (1)  If an application has been made under section 116B in respect of a person, the Commission must decide whether the person the subject of the application falls within a class of persons determined by the Commission under subsection 116A(1).

             (2)  If the Commission decides that the person falls within a class of persons determined by the Commission under subsection 116A(1), the Commission must determine, in writing, that the person is included in the specified class.

             (3)  The Commission must give the person written notice of the Commission’s decision under subsection (1).

116CA  Determination of class of persons for the purposes of the definition of eligible grandchild of a Vietnam veteran in subsection 116(1)

             (1)  The Commission may, by legislative instrument, determine a class of persons for the purposes of the definition of eligible grandchild of a Vietnam veteran in subsection 116(1). However, the persons must be the grandchildren of veterans who have rendered Vietnam service.

Note:          The Veterans’ Children Education Scheme already covers children of veterans who have rendered Vietnam service.

Variation or revocation

             (2)  The Commission may, by legislative instrument, vary or revoke a determination under subsection (1).

116CB  Eligible grandchild of a Vietnam veteran—person may apply for determination under subsection 116CC(2)

             (1)  An application for a determination under subsection 116CC(2) to be made in respect of a person who is, or was, the grandchild of a veteran may be made, in writing, to the Commission:

                     (a)  in the case of a person who is, or was, the grandchild of a veteran and who is over the age of 18 years:

                              (i)  by the grandchild; or

                             (ii)  with the approval of the grandchild, by another person on behalf of the grandchild; or

                            (iii)  if the grandchild is unable, by reason of physical or mental incapacity, to approve a person to make the claim or application on the grandchild’s behalf—by another person, being a person approved by the Commission, on behalf of the grandchild; or

                     (b)  in the case of a person who is, or was, the grandchild of a veteran and who is under the age of 18 years:

                              (i)  by a parent or guardian of the grandchild; or

                             (ii)  by another person approved by a parent or guardian of the grandchild; or

                            (iii)  if there is no parent or guardian of the grandchild alive, or willing and able to make, or approve a person to make, such an application on behalf of the grandchild—by another person, being a person approved by the Commission;

                            on behalf of the grandchild.

             (2)  An application under subsection (1) is to be lodged at an office of the Department in Australia in accordance with section 5T and is taken to have been made on a day determined under that section.

116CC  Eligible grandchild of a Vietnam veteran—Commission may determine that a person is a member of a class under section 116CA

             (1)  If an application has been made under section 116CB in respect of a person, the Commission must decide whether the person the subject of the application falls within a class of persons determined by the Commission under subsection 116CA(1).

             (2)  If the Commission decides that the person falls within a class of persons determined by the Commission under subsection 116CA(1), the Commission must determine, in writing, that the person is included in the specified class.

             (3)  The Commission must give the person written notice of the Commission’s decision under subsection (1).

116D  Review of Commission’s decisions

             (1)  A person who is dissatisfied with a decision of the Commission under subsection 116C(1) or 116CC(1) may, in writing, request the Commission to review the decision.

          (1A)  A request under subsection (1) is to be lodged at an office of the Department in Australia in accordance with section 5T and is taken to have been made on a day determined under that section.

             (2)  If a written request is made, the Commission must review the decision, or cause the decision to be reviewed by a person to whom the Commission has delegated its powers under this section (not being the person who made the decision).

             (3)  When the Commission reviews a decision under subsection (2), it must make a written record of its decision (the review decision) upon review.

             (4)  The written record must include a statement that:

                     (a)  sets out the Commission’s findings on material questions of fact; and

                     (b)  refers to the evidence or other material on which those findings are based; and

                     (c)  provides reasons for the review decision.

             (5)  If the review decision affirms or sets aside a decision under subsection 116C(1) or 116CC(1), it must give the person who requested the review of the decision:

                     (a)  a copy of the Commission’s review decision; and

                     (b)  subject to subsection (6), a copy of the statement about the review decision; and

                     (c)  a statement that the person has a right to apply to the Administrative Appeals Tribunal for a review of the review decision.

             (6)  If the statement referred to in paragraph (5)(b) contains any matter that, in the opinion of the Commission:

                     (a)  is of a confidential nature; or

                     (b)  might, if communicated to the person who requested review, be prejudicial to his or her physical or mental health or well‑being;

the copy given to the person is not to contain that matter.

117  Veterans’ Children Education Scheme

             (1)  The Commission may, in writing, determine a scheme for providing education and training for eligible children and eligible grandchildren of Vietnam veterans.

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

                     (a)  the provision of free scholarships at schools, colleges and universities for allocation, under the scheme, to eligible children or eligible grandchildren of Vietnam veterans; and

                     (b)  the payment of maintenance allowances in respect of eligible children for whom education or training is being provided under the scheme; and

                     (c)  the making of applications for the provision of education or training for eligible children or eligible grandchildren of Vietnam veterans; and

                     (d)  the investigation and determination of applications referred to in paragraph (c); and

                     (e)  the establishment, membership and operation of Education Boards to perform such functions, and exercise such powers, in, and in connection with, the operation of the scheme as are conferred on them by or under the scheme; and

                      (f)  guidance and counselling services.

Determination must be approved by the Minister

             (6)  A determination under subsection (1) has no effect unless the Minister has approved it in writing.

             (7)  A determination under subsection (1) approved by the Minister and as in force from time to time is the Veterans’ Children Education Scheme.

Variation or revocation of Veterans’ Children Education Scheme

             (8)  The Commission may, by written determination, vary or revoke the Veterans’ Children Education Scheme.

             (9)  A determination under subsection (8) has no effect unless the Minister has approved it in writing.

Legislative instruments

           (10)  A determination under subsection (1) or (8) made by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination is approved.

118  Commission may provide benefits under Veterans’ Children Education Scheme

             (1)  The Commission may provide benefits for, and in respect of, eligible children or eligible grandchildren of Vietnam veterans under and in accordance with the Veterans’ Children Education Scheme.

             (2)  The Commission may provide guidance and counselling services under the Veterans’ Children Education Scheme for such other people as the Minister, by legislative instrument, determines.

             (3)  This section does not apply in relation to a person if the person is receiving a veteran payment.

Part VIIAAEducation entry payment

  

118AA  Eligibility

                   A person is eligible for an education entry payment under this section if:

                     (a)  either:

                              (i)  the person is receiving a partner service pension, an invalidity service pension or income support supplement, and the person has not reached pension age; or

                             (ii)  the person is receiving a veteran payment, and the person has not reached pension age (within the meaning of subsections 5QB(2), (3), (4) and (5)); and

                     (c)  the person is qualified, or if he or she were not in receipt of financial supplement under the Student Financial Supplement Scheme constituted by Part 4A of the Student Assistance Act 1973 or established under Chapter 2B of the Social Security Act 1991 would be qualified, to receive pensioner education supplement under the Social Security Act or the Student Assistance Act 1973; and

                     (d)  either:

                              (i)  the Commission is satisfied that the person intends to enrol in a full‑time or part‑time course of education that is the subject of a determination made under section 5D of the Student Assistance Act 1973 by the Minister administering that Act; or

                             (ii)  the person is enrolled in such a course; and

                     (e)  the person has not received a payment under this Part for which he or she made a claim in the current calendar year.

118AAB  Need for a claim

             (1)  A person who wants to be granted an education entry payment must make a claim for the payment:

                     (a)  in writing; and

                     (b)  in a form approved by the Commission.

          (1A)  A claim under subsection (1) is to be lodged at an office of the Department in Australia in accordance with section 5T and is taken to have been made on a day determined under that section.

             (2)  A claim may be withdrawn at any time before it is determined, either orally or by document lodged at an office of the Department in Australia in accordance with section 5T.

          (2A)  A withdrawal by document lodged in accordance with section 5T is taken to have been made on a day determined under that section.

             (3)  A claim that is withdrawn is taken not to have been made.

118AAC  Entitlement to and amount of payment

             (1)  An education entry payment is payable to the person if, after considering the claim, the Commission determines that the claim is to be granted.

             (2)  The amount of an education entry payment is $208.

118AAD  Payment to be refunded

                   If:

                     (a)  the Commission determined that a claim for education entry payment was to be granted to a person because the Commission was satisfied that the person intended to enrol in a course referred to in subparagraph 118AA(d)(i); and

                     (b)  an amount of education entry payment was paid to the person; and

                     (c)  subsequently the person is not enrolled in the course;

the person must repay to the Commonwealth the amount of the payment.

Part VIIAVeterans supplement

Division 1Eligibility for veterans supplement

118A  Veterans supplement for dependants of deceased veterans or for persons eligible for pharmaceutical benefits

             (1)  Subject to this section, a person is eligible for veterans supplement under this section if:

                     (a)  the person is receiving a pension whose rate is specified under subsection 30(2); or

                     (b)  but for subsection 13(7), a pension would have been payable to the person at a rate specified under subsection 30(2); or

                     (c)  the person is eligible for pharmaceutical benefits under the Repatriation Pharmaceutical Benefits Scheme.

             (2)  A person is not eligible for veterans supplement under this section if:

                     (a)  the person is receiving a social security payment; or

                     (b)  the person is receiving a service pension or a veteran payment; or

                     (c)  the person is a war widow/war widower—pensioner.

Note:          For war widow/war widower—pensioner see section 5Q.

             (3)  A person who leaves Australia otherwise than temporarily is not eligible for veterans supplement under this section after the day on which he or she left Australia.

             (4)  A person who is temporarily absent from Australia and has been so absent for more than 26 weeks is not eligible for veterans supplement under this section after the first 26 weeks of the absence.

118B  Veterans supplement for certain Part II and Part IV pensioners or for World War 1 veterans

             (1)  Subject to this section, a person is eligible for veterans supplement under this section if:

                     (a)  the person is eligible for a pension at a rate specified in subsection 22(4); or

                     (b)  the person is eligible for a pension at a rate specified in section 24; or

                     (c)  the person is eligible for a pension, the rate of which is increased under subsection 27(2) by an amount specified in any of items 1 to 8 of the table in subsection 27(1); or

                     (d)  the person is eligible for a pension at the rate specified in subsection 30(1) and the person is under qualifying age.

Note:          For qualifying age see section 5Q.

             (2)  Subject to this section, a person is eligible for veterans supplement under this section if the person is:

                     (a)  a veteran who rendered eligible war service during World War 1; or

                     (b)  a Commonwealth veteran who rendered continuous full‑time service during World War 1; or

                     (c)  an allied veteran who rendered continuous full‑time service during World War 1.

Note:          For World War 1 see subsections 5B(1) and (3).

             (3)  A person is not eligible for veterans supplement under this section if:

                     (a)  the person is receiving a social security payment; or

                     (b)  the person is receiving a service pension, income support supplement or a veteran payment; or

                     (c)  the person is receiving energy supplement under Part VIIAD of this Act or Part 2.25B of the Social Security Act; or

                     (d)  the person is receiving MRCA supplement under Division 4 of Part 7 of Chapter 4, or Division 5 of Part 2 of Chapter 5, of the MRCA.

             (4)  A person who leaves Australia otherwise than temporarily is not eligible for veterans supplement under this section after the day on which he or she left Australia.

             (5)  A person who is temporarily absent from Australia and has been so absent for more than 26 weeks is not eligible for veterans supplement under this section after the first 26 weeks of the absence.

Division 2Rate of veterans supplement

118C  Rate of veterans supplement—section 118A

                   The rate of veterans supplement under section 118A is $6.00 per fortnight.

Note:          The amount specified in this section is adjusted annually in line with CPI increases under section 198F.

118D  Rate of veterans supplement—section 118B

                   The rate of veterans supplement under section 118B is $6.00 per fortnight.

Note:          The amount specified in this section is adjusted annually in line with CPI increases under section 198F.

Part VIIABDefence Force Income Support Allowance and related payments

Division 1Introduction

118N  Simplified outline

                   The following is a simplified outline of this Part:

This Part is about payment of:

               (a)     Defence Force Income Support Allowance (DFISA); and

              (b)     DFISA bonus; and

             (ba)     DFISA bonus bereavement payment; and

               (c)     DFISA‑like payments under regulations made under this Part.

DFISA—see Division 2

DFISA is payable to a person if the rate of the person’s social security pension or benefit has been reduced (including to nil) because the person, or the person’s partner, has been paid adjusted disability pension (within the meaning of this Part).

Payment of DFISA is automatic: a person does not need to make a claim for it.

DFISA bonus—see Division 3

DFISA bonus is payable to a person if the amount of the person’s social security pension bonus has been reduced (including to nil) because the person, or the person’s partner, has been paid adjusted disability pension (within the meaning of this Part).

Payment of DFISA bonus is also automatic.

If DFISA bonus would have been payable to a person who dies before claiming the person’s social security pension bonus, a DFISA bonus bereavement payment may be payable to the person’s partner (see Subdivision C of Division 3). Payment of DFISA bonus bereavement payment is also automatic.

DFISA‑like payments—see Division 4

Regulations made under this Part may provide for DFISA‑like payments to be paid to a person if adjusted disability pension (within the meaning of this Part) payable to the person, or the person’s partner, reduces the amount of a payment payable to the person under a Commonwealth Act, regulations or an instrument made under such an Act, or a Commonwealth administered program.

118NA  Definitions

                   In this Part:

adjusted disability pension means:

                     (a)  a pension under Part II or IV (other than a pension that is payable under section 30 to a dependant of a deceased veteran); or

                     (c)  a pension payable because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child); or

                     (d)  a payment (either as a weekly amount or a lump sum) under section 68, 71, 75 or 80 of the MRCA (permanent impairment); or

                     (e)  a payment of a Special Rate Disability Pension under Part 6 of Chapter 4 of the MRCA.

amount includes a nil amount.

excluded amount means an amount that is not income for the purposes of the Social Security Act because of subsection 8(8) of that Act.

partner has the same meaning as in subsection 4(1) of the Social Security Act.

rate includes a nil rate.

social security age pension means age pension under Part 2.2 of the Social Security Act.

social security pension bonus means pension bonus under Part 2.2A of the Social Security Act.

social security pension bonus bereavement payment means pension bonus bereavement payment under Division 12 of Part 2.2A of the Social Security Act.

Division 2Defence Force Income Support Allowance

Subdivision APayment of Defence Force Income Support Allowance

118NB  Payment of Defence Force Income Support Allowance

             (1)  Defence Force Income Support Allowance (DFISA) is payable to a person each day on or after 20 September 2004 if:

                     (a)  adjusted disability pension is payable to the person, or the person’s partner, on that day; and

                     (b)  social security pension or social security benefit (the primary payment) is payable to the person on that day; and

                     (c)  the adjusted disability pension reduces (including to nil) the rate of the primary payment on that day.

Note 1:       For adjusted disability pension and partner see section 118NA.

Note 2:       For social security pension and social security benefit see section 5Q.

Note 3:       Even though the person may not actually be paid an amount of social security pension or benefit because the rate of the pension or benefit is nil, in some cases the pension or benefit will be taken to be payable to the person if adjusted disability pension is payable to the person or the person’s partner: see subsection 23(1D) of the Social Security Act.

             (2)  However, DFISA is not payable to the person on that day if:

                     (a)  the rate of DFISA would be nil; or

                     (b)  section 1129, 1130B or 1131 of the Social Security Act (financial hardship) applies to the person in relation to the primary payment; or

                     (c)  before that day:

                              (i)  the person had elected not to be covered by this Division; and

                             (ii)  that election had not been withdrawn.

             (3)  An election, or a withdrawal of an election, under paragraph (2)(c):

                     (a)  must be by document lodged at an office of the Department in Australia in accordance with section 5T; and

                     (b)  is taken to have been made on a day determined under that section.

Subdivision BRate of Defence Force Income Support Allowance

118NC  Rate of Defence Force Income Support Allowance

DFISA rate where primary payment is neither compensation affected nor prescribed

             (1)  The rate of DFISA on a day that is on or after 20 September 2004 is worked out using method statement 1 in this subsection, unless:

                     (a)  Part 3.14 of the Social Security Act (compensation recovery) applies to reduce the rate of the primary payment on that day (in which case see method statement 2 in subsection (2)); or

                     (b)  the primary payment is a social security pension or social security benefit that is prescribed for the purposes of this section (in which case, see subsection (3)).

Note:          For primary payment see section 118NB.

Method Statement 1

Step 1.   Work out the daily provisional payment rate for the primary payment on that day.

                   Note:             For daily provisional payment rate see subsection (4).

Step 2.   Work out what would have been the daily provisional payment rate (the notional rate) for the primary payment on that day if both of the following assumptions were made:

              First assumption

              The first assumption is that the adjusted disability pension payable to the person, or the person’s partner, were an excluded amount (see section 118NA).

                   Note:             This will mean the adjusted disability pension will not be treated as income when calculating the notional rate.

              Second assumption

              The second assumption is that, if an amount of rent assistance was included in the primary payment, that amount were reduced (but not to less than nil) by the rent assistance reduction amount.

                   Note:             For rent assistance and rent assistance reduction amount see subsection (4).

Step 3.   Subtract the daily provisional payment rate under step 1 from the notional rate under step 2. The difference is the rate of DFISA on that day.

DFISA rate where primary payment is compensation affected but not prescribed

             (2)  The rate of DFISA on a day that is on or after 20 September 2004 is worked out using method statement 2 in this subsection if:

                     (a)  Part 3.14 of the Social Security Act (compensation recovery) applies to reduce the rate of the primary payment on that day; and

                     (b)  the primary payment is not a social security pension or social security benefit that is prescribed for the purposes of this section.

Note:          For primary payment see section 118NB.

Method Statement 2

Step 1.   Work out the daily provisional payment rate for the primary payment on that day.

                   Note:             For daily provisional payment rate see subsection (4).

Step 2.   Work out the amount by which Part 3.14 of the Social Security Act reduces the daily primary payment rate on that day.

Step 3.   Subtract the amount in step 2 from the rate in step 1.

Step 4.   Work out what would have been the daily provisional payment rate (the notional rate) for the primary payment on that day if the 2 assumptions referred to in step 2 of method statement 1 in subsection (1) were made.

Step 5.   Work out the amount by which Part 3.14 of the Social Security Act would have reduced the notional rate on that day if that rate had been the daily primary payment rate.

Step 6.   Subtract the amount in step 5 from the rate in step 4.

Step 7.   Subtract the amount in step 3 from the amount in step 6. The difference is the rate of DFISA on that day.

Regulations may prescribe other ways of calculating rate of DFISA

             (3)  The regulations may prescribe a social security pension or social security benefit for the purposes of this section. If the regulations do so, the regulations must also prescribe the method to work out the daily rate of DFISA that is payable in relation to that pension or benefit.

Note:          For social security pension and social security benefit see section 5Q.

Definitions

             (4)  In this section:

daily provisional payment rate means the provisional payment rate, provisional annual payment rate or provisional fortnightly payment rate referred to in the Rate Calculator used under the Social Security Act to work out the rate of the primary payment, converted to a daily rate by dividing the rate by 364 (for a provisional annual payment rate) or 14 (for a provisional fortnightly payment rate).

rent assistance has the same meaning as in the Social Security Act.

rent assistance reduction amount is the amount that would be a person’s income reduction under the Social Security Act if that income reduction were worked out by applying the same income test or ordinary income test that was used under that Act in calculating the person’s primary payment, but applying that test on the basis that the adjusted disability pension payable to the person, or the person’s partner, were the person’s only ordinary income for the purposes of that Act.

Subdivision CSpecial rules for the Social Security Act

118ND  Bereavement payments under the Social Security Act

Increase of bereavement payments to take account of DFISA

             (1)  If, immediately before a person dies:

                     (a)  a social security pension or social security benefit was payable to the person; and

                     (b)  DFISA was payable to the person;

then, for the purposes of the bereavement payment provisions of the Social Security Act, the rate of the pension or benefit that, if the person had not died, would have been payable to the person on a day during the bereavement period is increased by the rate of DFISA that would also have been payable to the person on that day.

Note 1:       For social security pension and social security benefit see section 5Q.

Note 2:       For bereavement payment provision and bereavement period see subsection (4).

          (1A)  If, immediately before a person (the care recipient) who is being cared for by another person (the carer) who is not the care recipient’s partner dies:

                     (a)  a social security pension or social security benefit was payable to the carer; and

                     (b)  DFISA was payable to the carer;

then, for the purposes of the bereavement payment provisions of the Social Security Act, the rate of the pension or benefit that, if the care recipient had not died, would have been payable to the carer on a day during the bereavement period is increased by the rate of DFISA that would also have been payable to the carer on that day.

Note 1:       For social security pension and social security benefit see section 5Q.

Note 2:       For bereavement payment provision and bereavement period see subsection (4).

DFISA paid to person after the person dies

             (2)  If:

                     (a)  a person is qualified for payments under a bereavement payment provision of the Social Security Act in relation to the death of the person’s partner; and

                     (b)  after the person’s partner died, an amount of DFISA to which the partner would have been entitled if the partner had not died has been paid under this Part; and

                     (c)  the Commission is not satisfied that the person has not had the benefit of the DFISA amount;

the following provisions have effect:

                     (d)  the DFISA amount is not recoverable from the person or from the personal representative of the person’s partner, except to the extent (if any) that the DFISA amount exceeds the amount payable to the person under the bereavement payment provision;

                     (e)  the amount payable to the person under the bereavement payment provision is to be reduced by the DFISA amount.

Note:          For bereavement payment provision see subsection (4).

DFISA paid to a carer after care recipient dies

          (2A)  If:

                     (a)  a person (the carer) is qualified for payments under a bereavement payment provision of the Social Security Act in relation to the death of another person (the care recipient), who is not the carer’s partner, for whom the carer has been caring; and

                     (b)  after the death of the care recipient, an amount of DFISA to which the carer would have been entitled if the care recipient had not died has been paid under this Part; and

                     (c)  the Commission is not satisfied that the carer has not had the benefit of the DFISA amount;

the following provisions have effect:

                     (d)  the DFISA amount is not recoverable from the carer, except to the extent (if any) that the DFISA amount exceeds the amount payable to the carer under the bereavement payment provision;

                     (e)  the amount payable to the carer under the bereavement payment provision is to be reduced by the DFISA amount.

Note:          For bereavement payment provision see subsection (4).

Financial institutions not liable

             (3)  If:

                     (a)  a person is qualified for payments under a bereavement payment provision of the Social Security Act in relation to the death of the person’s partner; and

                     (b)  the amount of DFISA to which the person’s partner would have been entitled if the person’s partner had not died has been paid under this Part into an account with a financial institution within the bereavement period referred to in the bereavement payment provision; and

                     (c)  the financial institution pays to the person, out of the account, an amount not exceeding the total of the DFISA amounts paid as mentioned in paragraph (b);

the financial institution is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person’s partner or anyone else in respect of the payment of that money to the person.

Definitions

             (4)  In this section:

bereavement payment provisions of the Social Security Act means the following provisions of that Act:

                     (a)  Division 9 of Part 2.2 (age pension);

                     (b)  Division 10 of Part 2.3 (disability support pension);

                     (d)  Division 9 of Part 2.5 (carer payment);

                     (g)  Division 9 of Part 2.10 (parenting payment);

                     (h)  Division 10 of Part 2.11 (youth allowance);

                      (i)  Division 10 of Part 2.11A (austudy);

                      (j)  Division 9 of Part 2.12 (jobseeker payment);

                    (m)  Division 9 of Part 2.15 (special benefit);

                     (n)  Division 9 of Part 2.15A (partner allowance);

                     (o)  Division 10 of Part 2.16 (special needs pension).

bereavement period has the meaning given by subsection 21(2) of the Social Security Act.

118NE  Remote Area Allowance under the Social Security Act

             (1)  If, on a day that is on or after 20 September 2004:

                     (a)  adjusted disability pension is payable to a person or a person’s partner; and

                     (b)  a social security pension or social security benefit is payable to the person; and

                     (c)  the rate of the social security pension or social security benefit is nil; and

                     (d)  the rate of the social security pension or social security benefit would not be nil if the 2 assumptions (that relate to the adjusted disability pension) referred to in step 2 of method statement 1 in subsection 118NC(1) were made;

then, for the purposes of the remote area allowance provisions of the Social Security Act, the rate of the social security pension or social security benefit on that day is taken to be greater than nil.

Definitions

             (2)  In this section:

remote area allowance provisions of the Social Security Act means the following provisions of that Act:

                     (a)  point 1064‑H1;

                     (b)  point 1065‑E1;

                     (d)  point 1066A‑I1;

                     (e)  point 1066B‑F1;

                      (f)  point 1067G‑K1;

                     (g)  point 1067L‑F1;

                     (h)  point 1068‑J1;

                      (i)  point 1068A‑F1;

                      (j)  point 1068B‑G1.

Division 3DFISA bonus

Subdivision APayment of DFISA bonus

118NF  Payment of DFISA bonus

             (1)  DFISA bonus is payable to a person if:

                     (a)  on a day (the critical day) that is on or after 20 September 2004, adjusted disability pension is payable to the person or the person’s partner; and

                     (b)  on the critical day, social security age pension becomes payable to the person; and

                     (c)  on or after the critical day, social security pension bonus is granted to the person in relation to that age pension; and

                     (d)  the adjusted disability pension reduces (including to nil) the amount of that pension bonus.

Note:          For adjusted disability pension, partner, social security age pension and social security pension bonus see section 118NA.

             (2)  However, DFISA bonus is not payable to the person if, on the critical day, section 1129 of the Social Security Act (financial hardship) applies to the person in relation to that age pension.

118NG  When DFISA bonus is to be paid

                   DFISA bonus is to be paid on:

                     (a)  the first pension payday after the social security pension bonus was granted; or

                     (b)  if the Commission considers it is not practicable to pay the DFISA bonus on that payday—the next practicable day.

Note:          For pension payday see section 5Q.

118NH  Payment of bonus after death

             (1)  This section sets out the only circumstances in which DFISA bonus will be payable after the death of the person concerned.

Note:          A person’s surviving partner may be qualified for a DFISA bonus bereavement payment under Subdivision C of this Division.

Later top up of DFISA bonus received before death

          (1A)  If:

                     (a)  a person dies; and

                     (b)  at the time of the person’s death, the person had received a DFISA bonus; and

                     (c)  after the person’s death, the person’s DFISA bonus is increased under section 118NIA;

the increase is payable to the legal personal representative of the person.

DFISA bonus payable before person dies

             (2)  If:

                     (a)  DFISA bonus is payable to a person; and

                     (b)  the person dies; and

                     (c)  at the time of the person’s death, the person had not received the DFISA bonus;

the bonus is payable to the legal personal representative of the person.

Top up of DFISA bonus also payable

          (2A)  If a DFISA bonus is payable to the legal personal representative of a person under subsection (2), any increase in that bonus under section 118NIA is also payable to that legal personal representative.

DFISA bonus not payable before person dies

          (2B)  If:

                     (a)  a person claims a social security pension bonus; and

                     (b)  the person dies; and

                     (c)  at the time of the person’s death, the claim had not been determined;

then, if the claim is granted, DFISA bonus is payable to the legal representative of the person.

Liability of Commonwealth

             (3)  If DFISA bonus is paid under subsection (2) or (2B), the Commonwealth has no further liability to any person in respect of that bonus.

Subdivision BAmount of DFISA bonus

118NI  Amount of DFISA bonus

                   The amount of DFISA bonus for a person is worked out as follows:

Method Statement

Step 1.   Work out the amount of social security pension bonus payable to the person.

Step 2.   Work out the amount of social security pension bonus (the notional pension bonus) that would have been payable to the person if the adjusted disability pension payable to the person, or the person’s partner, were an excluded amount.

                   Note:             For excluded amount see section 118NA.

Step 3.   Subtract the amount of the pension bonus under step 1 from the amount of the notional pension bonus in step 2. The difference is the amount of the DFISA bonus.

118NIA  Top up of DFISA bonus for social security top up

             (1)  The amount of a person’s DFISA bonus is to be increased if a determination (a top up determination) under section 93K or 93L of the Social Security Act is made in relation to the person’s social security pension bonus.

             (2)  The amount of the increase is the excess (if any) of the amount in paragraph (a) over the amount in paragraph (b):

                     (a)  the person’s amount of DFISA bonus worked out under section 118NI having regard to the top up determination; and

                     (b)  the person’s amount of DFISA bonus worked out under section 118NI without regard to the top up determination.

Subdivision CDFISA bonus bereavement payment

118NIB  Qualification for DFISA bonus bereavement payment

             (1)  A person is qualified for a DFISA bonus bereavement payment if:

                     (a)  the person is qualified for social security pension bonus bereavement payment; and

                     (b)  in working out what would have been the person’s partner’s amount of pension bonus under Division 6 of Part 2.2A of the Social Security Act for the purposes of paragraph 93WB(a) of that Act, the amount is reduced by adjusted disability pension that is payable to the person or the person’s partner.

             (2)  A person is qualified for a DFISA bonus bereavement payment if:

                     (a)  the person would have been qualified for social security pension bonus bereavement payment except that the amount of pension bonus that would have been payable to the legal personal representative of the person’s partner for the purposes of paragraph 93WA(1)(d) of the Social Security Act would be nil; and

                     (b)  the amount would be nil because it was reduced by adjusted disability pension that was payable to the person or the person’s partner.

118NIC  Amount of DFISA bonus bereavement payment

                   The amount of a person’s DFISA bonus bereavement payment is the amount that would have been the person’s partner’s amount of DFISA bonus under Subdivision B of this Division if the partner had made claims for social security age pension and social security pension bonus just before the partner died.

118NID  Payment of DFISA bonus bereavement payment

                   DFISA bonus bereavement payment that a person is qualified for is payable to the person on:

                     (a)  if the person received a social security pension bonus bereavement payment:

                              (i)  the first pension payday after that payment was granted; or

                             (ii)  if the Commission considers that it is not practicable to pay the DFISA bonus bereavement payment on that day—the next practicable day; and

                     (b)  otherwise—the next practicable day after the person’s claim for social security pension bonus bereavement payment is determined.

118NIE  Payment of DFISA bonus bereavement payment after death

             (1)  This section sets out the only circumstances in which DFISA bonus bereavement payment will be payable after the death of the person concerned.

             (2)  If:

                     (a)  DFISA bonus bereavement payment is payable to a person; and

                     (b)  the person dies; and

                     (c)  at the time of the person’s death, the person had not received the DFISA bonus bereavement payment;

the payment is payable to the legal personal representative of the person.

             (3)  If DFISA bonus bereavement payment is paid under subsection (2), the Commonwealth has no further liability to any person in respect of that payment.

Division 4DFISA‑like payments etc. under regulations

118NJ  DFISA‑like payments etc. under regulations

DFISA‑like payments

             (1)  The regulations may make provision for and in relation to a payment (DFISA‑like payment) to a person on a day that is on or after 20 September 2004 if:

                     (a)  adjusted disability pension is payable to the person, or the person’s partner, on that day; and

                     (b)  either:

                              (i)  a payment (the primary payment) under a Commonwealth scheme is payable to the person on that day but, because of the adjusted disability pension, the rate of the primary payment is reduced (including to nil); or

                             (ii)  apart from the adjusted disability pension, a payment (the primary payment) under a Commonwealth scheme would be payable to the person on that day.

Note 1:       For adjusted disability pension and partner see section 118NA.

Note 2:       For Commonwealth scheme see subsection (3).

Secondary benefits

             (2)  The regulations may also make provision for and in relation to a payment, or the provision of a non‑financial benefit, to the person on a day that is on or after 20 September 2004 if:

                     (a)  a payment (other than the primary payment) or a non‑financial benefit is not payable or provided to the person on that day under the Commonwealth scheme or another Commonwealth scheme, but only because the primary payment is not payable to the person on that day; and

                     (b)  the primary payment is not payable to the person on that day, but only because adjusted disability pension is payable to the person, or the person’s partner, on that day; and

                     (c)  a DFISA‑like payment is payable to the person on that day.

             (3)  In this section:

Commonwealth scheme means:

                     (a)  an Act; or

                     (b)  regulations or an instrument made under an Act; or

                     (c)  a program administered by the Commonwealth.

Part VIIADEnergy supplement

Division 1Eligibility

118P  Eligibility for energy supplement

Person holds a seniors health card

             (1)  A person is eligible for energy supplement if:

                     (a)  the person is the holder of a seniors health card; and

                    (aa)  the person:

                              (i)  is in Australia; or

                             (ii)  is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks; and

                     (b)  the person is not receiving any of the following:

                              (i)  a service pension;

                             (ii)  income support supplement;

                            (iii)  a social security pension or social security benefit;

                            (iv)  energy supplement under Part 2.25B of the Social Security Act.

          (1A)  Subject to subsections (1C), (1E) and (1G), subsection (1) applies to a person on or after the commencement of this subsection only if on 19 September 2016:

                     (a)  energy supplement was payable to the person under section 118PA; or

                     (b)  energy supplement was payable to the person under section 1061UA of the Social Security Act 1991.

Note:          For subsection (1) to apply to the person on a day on or after that commencement, the person needs to satisfy paragraphs (1)(a) to (b) on that day.

          (1B)  Subject to subsection (1G), if:

                     (a)  energy supplement was payable to a person under section 118PA, or section 1061UA of the Social Security Act 1991, on 19 September 2016; and

                     (b)  energy supplement ceases to be payable to the person under either of those sections on or after 20 September 2016;

then subsection (1) of this section does not apply, and never again applies, to the person from:

                     (c)  if the cessation occurred before the commencement of this subsection—the start of the day this subsection commences; or

                     (d)  if the cessation occurred on or after the commencement of this subsection—the start of the day of that cessation.

          (1C)  If:

                     (a)  a person was not eligible for energy supplement under subsection (1) on 19 September 2016; and

                     (b)  on 19 September 2016 the person was receiving an income support payment (within the meaning of the Social Security Act 1991), where energy supplement was used to work out the rate of that payment; and

                     (c)  on a day (the cessation day) on or after the commencement of this subsection the person ceases to be in receipt of any income support payment (within the meaning of the Social Security Act 1991); and

                     (d)  on the day before the cessation day the person was receiving an income support payment (within the meaning of the Social Security Act 1991) where energy supplement was used to work out the rate of that payment; and

                     (e)  the person is required to make a claim for a seniors health card in order for such a card to be granted to the person;

the person can become eligible for energy supplement under subsection (1) only if the person makes a claim for a seniors health card within the period of 6 weeks beginning on the cessation day.

          (1D)  Subject to subsection (1G), if:

                     (a)  as a result of a claim mentioned in subsection (1C), a person becomes the holder of a seniors health card on a day; and

                     (b)  energy supplement ceases to be payable to the person under section 118PA on or after that day;

then subsection (1) of this section does not apply, and never again applies, to the person from the start of the day of that cessation.

          (1E)  If:

                     (a)  a person was not eligible for energy supplement under subsection (1) on 31 December 2016; and

                     (b)  on that day, the person was receiving a service pension and an amount of energy supplement was added to the rate of that pension; and

                     (c)  under subsection 118XA(3), the Commission made a determination under section 118ZG that the person is entitled to a seniors health card;

the person can become eligible for energy supplement under subsection (1) of this section because of being the holder of that card.

           (1F)  Subject to subsection (1G), if:

                     (a)  as mentioned in paragraph (1E)(c), a person becomes the holder of a seniors health card on a day; and

                     (b)  energy supplement ceases to be payable to the person under section 118PA on or after that day;

then subsection (1) of this section does not apply, and never again applies, to the person from:

                     (c)  if the cessation occurred before the commencement of this subsection—the start of the day this subsection commences; or

                     (d)  if the cessation occurred on or after the commencement of this subsection—the start of the day of that cessation.

          (1G)  If:

                     (a)  on a day on or after 20 September 2016 the person ceases to hold a seniors health card under this Act or the Social Security (Administration) Act 1999; and

                     (b)  on that day the person receives an income support payment (within the meaning of the Social Security Act 1991) where energy supplement was used to work out the rate of that payment; and

                     (c)  on a day (the cessation day) on or after the commencement of this subsection the person ceases to be in receipt of any income support payment (within the meaning of the Social Security Act 1991); and

                     (d)  on the day before the cessation day the person was receiving an income support payment (within the meaning of the Social Security Act 1991) where energy supplement was used to work out the rate of that payment; and

                     (e)  the person is required to make a claim for a seniors health card in order for such a card to be granted to the person;

the person can become eligible for energy supplement under subsection (1) only if the person makes a claim for a seniors health card within the period of 6 weeks beginning on the cessation day.

Person holds a gold card

             (2)  A person is eligible for energy supplement if:

                     (a)  the person is the holder of a gold card; and

                     (b)  the person has reached qualifying age; and

                     (c)  the person:

                              (i)  is in Australia; or

                             (ii)  is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks; and

                     (d)  the person is not receiving any of the following:

                              (i)  a service pension;

                             (ii)  income support supplement;

                            (iii)  a social security pension or social security benefit;

                            (iv)  energy supplement under Part 2.25B of the Social Security Act.

             (3)  In this section:

gold card means a card known as the Repatriation Health Card—For All Conditions, that evidences a person’s eligibility, under this Act, the Military Rehabilitation and Compensation Act 2004, the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 or the Treatment Benefits (Special Access) Act 2019, to be provided with treatment for all injuries or diseases.

Portability

             (4)  If:

                     (a)  on 19 September 2016 energy supplement was payable to a person under section 118PA; and

                     (b)  either:

                              (i)  the person is absent from Australia on 19 September 2016 and has been so for a continuous period not exceeding 6 weeks; or

                             (ii)  the person leaves Australia on a day on or after 20 September 2016 and, on the day before so leaving, energy supplement was payable to the person under section 118PA; and

                     (c)  the person returns to Australia, where the period of that absence has exceeded 6 weeks but not exceeded 19 weeks; and

                     (d)  the person is the holder of a seniors health card on the day before the person returns to Australia;

then the person is taken to have been eligible for energy supplement under this section on each day that occurs in the period beginning on the day after the end of that 6‑week period of absence and ending at the end of the day before the person returned to Australia.

             (5)  Subsection (4) does not limit section 118PB.

Note:          After the person’s period of absence exceeds 6 weeks, there will be no daily rate of energy supplement for the person: see subsection 118PB(2).

118PA  When energy supplement is payable

             (1)  Energy supplement is payable to a person in relation to each day on which the person is eligible for the supplement.

             (2)  However, energy supplement is not payable to the person in relation to a day if:

                     (a)  before that day:

                              (i)  the person had elected not to be covered by this Part; and

                             (ii)  that election had not been withdrawn; or

                     (b)  subsection 122A(1C) (failing to nominate a bank account) applies to the person.

Division 2Rate of energy supplement

118PB  Rate of energy supplement

             (1)  If subsection (2) applies to the person on a day, the person’s daily rate of energy supplement, for that day, is 1/364 of the amount worked out using the following table:

 

Energy supplement

Item

Person’s family situation

Amount of energy supplement

1

Not a member of a couple

$366.60

2

Partnered

$275.60

3

Member of an illness separated couple

$366.60

4

Member of a respite care couple

$366.60

Note:          For member of a couple, partnered, illness separated couple and respite care couple see subsections 5E(1) and (5) and 5R(5) and (6) respectively.

             (2)  This subsection applies to a person on a day if on that day the person is residing in Australia and either:

                     (a)  is in Australia; or

                     (b)  is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks.

Division 3Payment of energy supplement

118PC  Payment of energy supplement

             (1)  Energy supplement under this Part is to be paid by instalments.

             (2)  An instalment of energy supplement is to be paid to a person as soon as is reasonably practicable after the end of an instalment period.

             (3)  The amount of the instalment is worked out by:

                     (a)  working out the person’s amount of energy supplement for each day in the instalment period (using the daily rate of the supplement for that day); and

                     (b)  adding up the amounts resulting from paragraph (a).

             (4)  In this section:

instalment period means a period:

                     (a)  in relation to each day of which energy supplement is payable to the person; and

Note:       For when energy supplement is payable to the person, see section 118PA.

                     (b)  that either begins on any 20 March, 20 June, 20 September or 20 December or does not include any such day; and

                     (c)  that either ends on any 19 March, 19 June, 19 September or 19 December or does not include any such day; and

                     (d)  that is not included in a longer instalment period.

Part VIICSeniors health card

Division 1Eligibility for and entitlement to a seniors health card

Subdivision AEligibility

118V  Eligibility for seniors health card

             (1)  Subject to subsection (4) and sections 118XA and 118XB, a person is eligible for a seniors health card if the person:

                     (a)  is a veteran; and

                     (b)  has rendered qualifying service; and

                     (c)  has reached pension age; and

                     (d)  is an Australian resident; and

                      (f)  is not receiving a service pension; and

                    (fa)  is not receiving a veteran payment; and

                     (g)  is not receiving a social security pension or benefit; and

                     (h)  satisfies the seniors health card income test.

Note 1:       For qualifying service see section 7A.

Note 2:       For Australian resident see section 5G.

Note 3:       For seniors health card income test see section 118ZZA.

Note 4:       For pension age see section 5QA.

          (1A)  Subject to subsection (4) and sections 118XA and 118XB, a person is eligible for a seniors health card if the person:

                     (a)  is a war widow or a war widower; and

                     (b)  has reached qualifying age; and

                     (c)  is an Australian resident; and

                     (e)  is not receiving income support supplement; and

                      (f)  satisfies the seniors health card income test; and

                     (g)  is not eligible for a seniors health card under subsection (1).

Note 1:       For Australian resident see section 5G.

Note 2:       For seniors health card income test see section 118ZZA.

Note 3:       For war widow and war widower see subsection 5E(1).

Note 4:       For qualifying age see section 5Q.

Partner of person eligible for card under subsection (1)

             (2)  Subject to subsection (4) and sections 118XA and 118XB, a person is eligible for a seniors health card if:

                     (a)  the person is a member of a couple; and

                     (b)  the person’s partner is eligible for a seniors health card under subsection (1); and

                     (c)  the person has reached:

                              (i)  if the person is not a veteran—pension age; or

                             (ii)  if the person is a veteran—the age that would be the pension age for that person if he or she were not a veteran; and

                     (d)  the person is an Australian resident; and

                      (f)  the person is not receiving a service pension; and

                    (fa)  the person is not receiving a veteran payment; and

                     (g)  the person is not receiving a social security pension or benefit; and

                     (h)  the person satisfies the seniors health card income test; and

                      (i)  the person is not eligible for a seniors health card under subsection (1) or (1A).

Note 1:       For member of couple and partner see section 5E.

Note 3:       For Australian resident see section 5G.

Note 4:       For seniors health card income test see section 118ZZA.

Note 5:       For pension age see section 5QB.

             (3)  Subject to subsection (4) and sections 118XA and 118XB, a person is eligible for a seniors health card if:

                     (a)  the person is:

                              (i)  the non‑illness separated spouse of a person who is receiving an age or invalidity service pension; or

                             (ii)  the non‑illness separated spouse of a person who is eligible for a seniors health card under subsection (1); or

                            (iii)  a widow or widower of a veteran; and

                     (b)  the person is eligible for a partner service pension; and

                     (c)  the person has reached:

                              (i)  if the person is not a veteran—pension age; or

                             (ii)  if the person is a veteran—the age that would be the pension age for that person if he or she were not a veteran; and

                     (d)  the person is an Australian resident; and

                      (f)  the person is not receiving a service pension; and

                    (fa)  the person is not receiving a veteran payment; and

                     (g)  the person is not receiving a social security pension or benefit; and

                     (h)  the person satisfies the seniors health card income test; and

                      (i)  the person is not eligible for a seniors health card under subsection (1) or (1A).

Note 1:       For non‑illness separated spouse, widow and widower see subsection 5E(1).

Note 2:       For veteran see subsection 5C(1).

Note 3:       For pension age see section 5QB.

Note 4:       For Australian resident see section 5G.

Note 5:       For seniors health card income test see section 118ZZA.

             (4)  A person is not eligible for a seniors health card at a particular test time if:

                     (a)  the person has failed to comply with section 118ZJA in respect of the reference tax year; or

                     (b)  where the person has made an estimate of taxable income for the reference tax year and the estimate was accepted—the person did not give the Commission a copy of a notice of assessment of the person’s taxable income for that tax year within 12 months after the end of that tax year.

Note:          If a person is eligible for a seniors health card, the Commission must not determine that the person is entitled to the card if the person fails to comply with a request in subsection 128A(3) or (3A) (about provision of tax file numbers).

             (5)  In subsection (4):

taxable income, test time and reference tax year have the same meanings as in the Seniors Health Card Income Test Calculator.

Subdivision BEntitlement

118W  Entitlement to a seniors health card

                   Even though a person is eligible for a seniors health card, it is only if the person is the holder of a seniors health card that benefits and concessions of various kinds relating to the person’s health may be made available to the person by the Commonwealth.

Note 1:       If there is a determination in force that a person is entitled to a seniors health card, the person is the holder of a seniors health card. For holder of a seniors health card see section 5PB.

Note 2:       A person who is the holder of a seniors health card generally has access to concessional pharmaceutical benefits under the National Health Act 1953.

118X  Social Security cardholder not entitled

                   If a person is the holder of a seniors health card within the meaning of the Social Security Act, the person is not entitled to a seniors health card under this Act.

Subdivision CModifications of provisions in this Division

118XA  Modifications if person’s rate of service pension or income support supplement is nil on 1 January 2017

             (1)  This section applies in relation to a person if:

                     (a)  immediately before 1 January 2017, the person was receiving a service pension or income support supplement; and

                     (b)  the Commission is satisfied that the rate of that pension or supplement is nil on 1 January 2017 because of the operation of the amendments made by Part 1 of Schedule 3 to the Social Services Legislation Amendment (Fair and Sustainable Pensions) Act 2015.

Seniors health card income test does not apply

             (2)  In determining whether the person is eligible for a seniors health card at any time on or after 1 January 2017, paragraphs 118V(1)(h), (1A)(f), (2)(h) and (3)(h) do not apply to the person.

Entitlement to seniors health card

             (3)  If the person is eligible for a seniors health card under this Part on 1 January 2017 and section 118X does not prevent the person from being entitled to a seniors health card, the Commission must make a determination under section 118ZG that the person is entitled to a seniors health card.

Note:          The person does not need to make a claim for the card.

118XB  Other modifications because of social security law

                   If section 1061ZJA of the Social Security Act 1991 applies in relation to a person, then, in determining whether the person is eligible for a seniors health card under this Part at any time on or after 1 January 2017, paragraphs 118V(1)(h), (1A)(f), (2)(h) and (3)(h) do not apply to the person.

Division 2Claim for seniors health card

118Y  Need for a claim

             (1)  A person who wants to be granted a seniors health card must make a proper claim.

Note:          For proper claim see section 118ZA (form), section 118ZB (manner of lodgment) and section 118ZC (residence/presence in Australia).

             (2)  However, subsection (1) does not apply to a person if, because of subsection 118XA(3), the Commission made a determination under section 118ZG that the person is entitled to a seniors health card and the determination is in force.

118Z  Who can claim?

             (1)  Subject to subsection (2), a claim must be made by:

                     (a)  the person who wants to be granted a seniors health card; or

                     (b)  with the approval of the person—another person on the person’s behalf.

             (2)  If the person is unable, because of physical or mental incapacity, to approve another person to make the claim on his or her behalf, the Commission may approve another person to make the claim.

118ZA  Making a claim

             (1)  To be a proper claim, the claim must be:

                     (a)  made in writing; and

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

                     (c)  accompanied by any evidence available to the claimant that the claimant considers may be relevant to the claim; and

                     (d)  lodged at an office of the Department in Australia in accordance with section 5T.

             (2)  A claim lodged in accordance with section 5T is taken to have been made on a day determined under that section.

118ZC  Claimant must be an Australian resident and in Australia

                   A claim is not a proper claim unless the person making the claim, or on whose behalf the claim is being made, is:

                     (a)  an Australian resident; and

                     (b)  in Australia;

on the day on which the claim is lodged.

Note:          For Australian resident see section 5G.

118ZD  Claim may be withdrawn

             (1)  A claimant for a seniors health card or a person on behalf of a claimant may withdraw a claim that has not been determined.

             (2)  A claim that is withdrawn is taken to have not been made.

             (3)  A withdrawal may be made either orally or by document lodged at an office of the Department in Australia in accordance with section 5T.

             (4)  A withdrawal made by lodging a document in accordance with section 5T is taken to have been so made on a day determined under that section.

Oral withdrawal of a claim

             (5)  An oral withdrawal of a claim must be made to a person in an office of the Department in Australia.

Acknowledgment of oral withdrawal of a claim

             (6)  As soon as practicable after receiving an oral withdrawal of a claim, the Secretary must give the claimant an acknowledgment notice in writing stating that:

                     (a)  an oral withdrawal of the claim was made; and

                     (b)  the claimant, or a person on behalf of the claimant, may, within 28 days from the day the acknowledgment notice is given, request the Secretary to treat the withdrawal as if it had not been made.

Reactivating the withdrawn claim

             (7)  If, within 28 days from the day on which the Secretary gave the acknowledgment notice, a claimant, or a person on behalf of a claimant, requests the Secretary to treat the oral withdrawal of the claim as if it had not been made, the oral withdrawal is taken not to have been made.

Note:          A request made under paragraph (6)(b) has the effect of reactivating the claim. In particular, the commencement day of the claim stays the same.

Division 3Investigation of claim

118ZE  Secretary to investigate claim and submit it to Commission

             (1)  If a person makes a proper claim for a seniors health card, the Secretary must investigate the matters to which the claim relates.

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

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