A Bill for an Act to amend the law relating to veterans’ entitlements and military rehabilitation and compensation, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Veterans’ Affairs Legislation Amendment (Enhanced Family Support) Act 2022.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | |
| 2. Schedule 1 | 1 July 2022. | 1 July 2022 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Part 1—Main amendments
Military Rehabilitation and Compensation Act 2004
1 Section 3
Omit “counselling or”, substitute “counselling and”.
2 Section 268A
Omit “counselling or”, substitute “counselling and”.
3 Section 268A
Omit all the words from and including “The member” to and including “July 2004.”.
4 Paragraph 268B(1)(b)
Repeal the paragraph, substitute:
(b) who is or was a related person of a member, former member or deceased member;
to assist the person to adjust to new or challenging life circumstances.
5 Subsections 268B(2) and (3)
Repeal the subsections, substitute:
(2) The instrument must not provide for the granting of assistance or benefits to a person unless:
(a) if the person is a member or former member—all of the following criteria are satisfied:
(i) the person is under 65 years of age at the time the assistance or benefit is granted;
(ii) the person is receiving, or is eligible to receive, compensation for incapacity under Part 3 or 4 of Chapter 4 or a Special Rate Disability Pension;
(iii) the Commission is satisfied that the person, or a related person, is experiencing, or is at risk of experiencing, crisis; or
(b) if the person is a related person of a member or former member—all of the following criteria are satisfied:
(i) the member or former member is under 65 years of age at the time the assistance or benefit is granted;
(ii) the member or former member is receiving, or is eligible to receive, compensation for incapacity under Part 3 or 4 of Chapter 4 or a Special Rate Disability Pension;
(iii) the Commission is satisfied that the person is experiencing, or is at risk of experiencing, crisis; or
(c) if the person is a wholly dependent partner of a deceased member—all of the following criteria are satisfied:
(i) the person is under 65 years of age at the time the assistance or benefit is granted;
(ii) the deceased member’s death was related to service rendered by the member.
(3) Without limiting subsection (1), the kinds of assistance or benefits that may be granted may include the following:
(a) child care (including home‑based care, centre‑based care, family day care, occasional care and outside school hours care);
(b) counselling (including financial counselling and other life skills counselling);
(c) household assistance (including meal delivery, meal preparation, cleaning and household and garden maintenance);
(d) services to build capacity (including in relation to financial literacy, relationship skills, cooking lessons and mental health first aid);
(e) academic and extra‑curricular support for children (including in relation to tutoring, music lessons and sporting activities).
6 Paragraph 268B(4)(a)
Omit “the”, substitute “additional”.
7 After subsection 268B(4)
Insert:
(4A) Without limiting paragraph (4)(a), the criteria may depend on the Commission being satisfied of one or more specified matters.
Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988
8 Subsection 4(1)
Insert:
related person of an employee means:
(a) any of the following persons:
(i) the spouse of the employee;
(ii) a parent or step‑parent of the employee;
(iii) a parent or step‑parent of the partner of the employee;
(iv) a grandparent of the employee;
(v) a child or stepchild of the employee;
(vi) a child or stepchild of the partner of the employee;
(vii) a grandchild of the employee;
(viii) a sibling or half‑sibling of the employee; or
(b) a person in respect of whom the employee stands in the position of a parent; or
(c) a person who stands in the position of a parent to the employee.
9 After Part III
Insert:
Part IIIA—Family support
41B Family support
(1) The MRCC may, by legislative instrument, make provision for and in relation to the granting of assistance or benefits of a specified kind to a person:
(a) who is an employee; or
(b) who is or was a related person of an employee or deceased employee;
to assist the person to adjust to new or challenging life circumstances.
Note: For related person, see subsection 4(1).
(2) The instrument must not provide for the granting of assistance or benefits to a person unless:
(a) if the person is an employee—all of the following criteria are satisfied:
(i) the person is under 65 years of age at the time the assistance or benefit is granted;
(ii) the person is receiving, or is eligible to receive, compensation under Division 3 of Part II;
(iii) the MRCC is satisfied that the person, or a related person, is experiencing, or is at risk of experiencing, crisis; or
(b) if the person is a related person of an employee—all of the following criteria are satisfied:
(i) the employee is under 65 years of age at the time the assistance or benefit is granted;
(ii) the employee is receiving, or is eligible to receive, compensation under Division 3 of Part II;
(iii) the MRCC is satisfied that the person is experiencing, or is at risk of experiencing, crisis; or
(c) if the person was the spouse of an employee immediately before the employee’s death and was wholly or partly dependent on the employee at the date of the employee’s death—all of the following criteria are satisfied:
(i) the person is under 65 years of age at the time the assistance or benefit is granted;
(ii) the deceased employee’s death resulted from an injury.
(3) Without limiting subsection (1), the kinds of assistance or benefits that may be granted may include the following:
(a) child care (including home‑based care, centre‑based care, family day care, occasional care and outside school hours care);
(b) counselling (including financial counselling and other life skills counselling);
(c) household assistance (including meal delivery, meal preparation, cleaning and household and garden maintenance);
(d) services to build capacity (including in relation to financial literacy, relationship skills, cooking lessons and mental health first aid);
(e) academic and extra‑curricular support for children (including in relation to tutoring, music lessons and sporting activities).
(4) Without limiting subsection (1), the instrument may make provision for and in relation to:
(a) additional eligibility criteria for the assistance or benefits; and
(b) the conditions on which the assistance or benefits are granted; and
(c) limits (whether financial or otherwise) on the provision of the assistance or benefits.
(5) Without limiting paragraph (4)(a), the criteria may depend on the MRCC being satisfied of one or more specified matters.
10 After subsection 160(1A)
Insert:
(1B) The Consolidated Revenue Fund is appropriated for the purposes of paying assistance or benefits granted under an instrument made under section 41B.
Veterans’ Entitlements Act 1986
11 At the end of subsection 5H(8)
Add:
(zze) a payment under an instrument made under any of the following:
(i) section 115S of this Act;
(ii) section 268B of the MRCA;
(ii) section 41B of the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988.
12 After Part VIB
Insert:
Part VIC—Family support
115S Family support
(1) The Commission may, by legislative instrument, make provision for and in relation to the granting of assistance or benefits of a specified kind to a person:
(a) who is a veteran; or
(b) who is or was a related person of a veteran or a deceased veteran;
to assist the person to adjust to new or challenging life circumstances.
(2) The instrument must not provide for the granting of assistance or benefits to a person unless:
(a) if the person is a veteran—all of the following criteria are satisfied:
(i) the person is under 65 years of age at the time the assistance or benefit is granted;
(ii) the person is receiving, or is eligible to receive, a pension at a rate provided for by section 23, 24 or 25 or a veteran payment;
(iii) the Commission is satisfied that the person, or a related person, is experiencing, or is at risk of experiencing, crisis; or
(b) if the person is a related person of a veteran—all of the following criteria are satisfied:
(i) the veteran is under 65 years of age at the time the assistance or benefit is granted;
(ii) the veteran is receiving, or eligible to receive, a pension at a rate provided for by section 23, 24 or 25 or a veteran payment;
(iii) the Commission is satisfied that the person is experiencing, or is at risk of experiencing, crisis; or
(c) if the person is a war widow or war widower—the person is under 65 years of age at the time the assistance or benefit is granted.
(3) Without limiting subsection (1), the kinds of assistance or benefits that may be granted may include the following:
(a) child care (including home‑based care, centre‑based care, family day care, occasional care and outside school hours care);
(b) counselling (including financial counselling and other life skills counselling);
(c) household assistance (including meal delivery, meal preparation, cleaning and household and garden maintenance);
(d) services to build capacity (including in relation to financial literacy, relationship skills, cooking lessons and mental health first aid);
(e) academic and extra‑curricular support for children (including in relation to tutoring, music lessons and sporting activities).
(4) Without limiting subsection (1), the instrument may make provision for and in relation to:
(a) additional eligibility criteria for the assistance or benefits; and
(b) the conditions on which the assistance or benefits are granted; and
(c) limits (whether financial or otherwise) on the provision of the assistance or benefits.
(5) Without limiting paragraph (4)(a), the criteria may depend on the Commission being satisfied of one or more specified matters.
(6) For the purposes of subsection (1), a related person of a veteran is:
(a) any of the following persons:
(i) the partner of the veteran;
(ii) a parent or step‑parent of the veteran;
(iii) a parent or step‑parent of the partner of the veteran;
(iv) a grandparent of the veteran;
(v) a child of the veteran;
(vi) a child of the partner of the veteran;
(vii) a grandchild of the veteran;
(viii) a sibling of the veteran; or
(b) a person in respect of whom the veteran stands in the position of a parent; or
(c) a person who stands in the position of a parent to the veteran.
(7) For the purposes of subparagraphs (6)(a)(i) and (iii), the partner of a veteran is a person in respect of whom at least one of the following applies:
(a) if the veteran is a member of the Aboriginal race of Australia or a descendant of Indigenous inhabitants of the Torres Strait Islands—the person is recognised as the veteran’s husband, wife or spouse by the custom prevailing in the tribe or group to which the veteran belongs;
(b) the person is legally married to the veteran;
(c) a relationship between the person and the veteran (whether the person and the member are the same sex or different sexes) is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section;
(d) the person (whether of the same sex or a different sex to the member):
(i) is, in the Commission’s opinion, in a de facto relationship with the veteran; and
(ii) is not an ancestor, descendant, brother, sister, half‑brother or half‑sister of the veteran.
(8) Without limiting who is a child of a person for the purposes of subparagraph (6)(a)(v) or (vi), each of the following is the child of a person:
(a) an adopted child, step‑child or foster‑child of the person;
(b) someone who is a child of the person within the meaning of the Family Law Act 1975.
13 After paragraph 199(da)
Insert:
(e) assistance or benefits granted under an instrument made under section 115S; and
Part 2—Other amendments
Income Tax Assessment Act 1997
14 Section 11‑15 (after table item headed “family assistance”)
Insert:
| family support for veterans and their families | |
| family support for veterans and their families................ | 52‑185 |
15 At the end of Subdivision 52‑H
Add:
52‑185 Family support for veterans and their families is exempt
Payments under an instrument made under any of the following are exempt from income tax:
(a) section 268B of the Military Rehabilitation and Compensation Act 2004;
(b) section 41B of the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988;
(c) section 115S of the Veterans’ Entitlements Act 1986.
16 Application of amendments
The amendments made by items 14 and 15 of this Schedule apply to assessments for the 2022‑23 income year and later income years.
Social Security Act 1991
17 After paragraph 8(8)(zs)
Insert:
(zsa) a payment under an instrument made under any of the following:
(i) section 268B of the Military Rehabilitation and Compensation Act 2004;
(ii) section 41B of the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988;
(iii) section 115S of the Veterans’ Entitlements Act 1986;