Federal Register of Legislation - Australian Government

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SR 1995 No. 294 Regulations as made
These Regulations amend the Veterans' Entitlements (Rehabilitation Allowance) Regulations.
Administered by: Veterans' Affairs
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR23-Oct-1995
Tabled Senate23-Oct-1995
Gazetted 10 Oct 1995
Date of repeal 19 Mar 2014
Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014

Veterans' Entitlements (Rehabilitation Allowance) Regulations (Amendment) 1995 No. 294

EXPLANATORY STATEMENT

Statutory Rules 1995 No. 294

Issued by the Authority of the Minister for Veterans' Affairs

Veterans' Entitlements Act 1986

Veterans' Entitlements (Rehabilitation Allowance) Regulations (Amendment)

Section 106 of the Veterans' Entitlements Act 1986 (the Act) allows the Repatriation Commission to provide special assistance to veterans and their dependants as it prescribes. Section 216 of the Act provides that the Governor-General may make Regulations for the purposes of the Act.

In April 1993 the Repatriation Commission developed a pilot vocational rehabilitation scheme for veterans. The Veterans' Entitlements (Rehabilitation Allowance) Regulations (the regulations) were approved on 28 April 1994. The Regulations provide for payment of a rehabilitation allowance to eligible participants in the scheme and set out how that allowance is to be calculated and assessed. The rehabilitation allowance is intended to defray any reduction in pension income and to supplement a veteran's work income. It also provides an incentive for a veteran to remain in paid employment.

The Regulations provide for the payment of a rehabilitation allowance to a veteran and the veteran's dependants where the veteran undertakes a vocational rehabilitation program approved by the Repatriation Commission. To be eligible for the payment the veteran must also have either ceased to be eligible for invalidity service pension, and the veteran's partner have ceased to be eligible for partner service pension, or the veteran must have ceased to be eligible for disability pension or only be eligible for a reduced rate of disability pension.

The Regulations were designed as a short term measure to address the immediate needs of the participants in the pilot vocational rehabilitation program. A sunset clause was therefore inserted into the Regulations to come into effect on 1 January 1996. Regulation 11 previously provided that rehabilitation allowance is not payable in respect of any period after 31 December 1995.

The Repatriation Commission has now agreed in principle to the establishment of a permanent vocational rehabilitation scheme. The permanent scheme cannot be introduced before 31 December 1995 and will take some time to be developed. In the meantime the Commission is commencing three further pilot vocational rehabilitation programs. An extension of the sunset provision was therefore necessary to protect the benefits being received by veterans Who participated in the first program as well as the benefits to be received by veterans who will participate in the other three programs.

Regulation 11 has been amended to extend the end date for payment of rehabilitation allowance from 31 December 1995 to 30 June 1997. This should provide the Commission with sufficient time to develop and introduce the permanent vocational rehabilitation scheme.

The Regulations commenced on the date of Gazettal.