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SR 1999 No. 358 Regulations as made
Principal 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 HR15-Feb-2000
Tabled Senate15-Feb-2000
Gazetted 22 Dec 1999
Date of repeal 19 Mar 2014
Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014
Table of contents.
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Collapse Part 1 Introductory
Part 1 Introductory
1 Name of Regulations
2 Commencement
3 Definitions
Expand Part 2 Amendments relating to invalidity service pension and income support supplement
Part 2 Amendments relating to invalidity service pension and income support supplement

Veterans' Affairs Legislation (Permanent Incapacity — Transitional) Regulations 1999

Statutory Rules 1999 No. 358

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Veterans' Affairs Legislation Amendment Act (No. 1) 1999.

Dated 15 December 1999.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

BRUCE SCOTT


Veterans' Affairs Legislation (Permanent Incapacity — Transitional) Regulations 1999

Statutory Rules 1999 No. 3581

made under the

 

 

 

Contents

                                                                                                                 Page

Part 1        Introductory

                        1  Name of Regulations                                                         3

                        2  Commencement                                                                3

                        3  Definitions                                                                        3

Part 2        Amendments relating to invalidity service pension and income support supplement

                        4  Amendments relating to permanent incapacity — section 37 of Entitlements Act          4

                        5  Amendments relating to permanent incapacity — section 45A of Entitlements Act        4

                        6  Review of decisions affected by paragraph 37 (1) (c) or subparagraph 45A (1) (b) (iii) of Entitlements Act                                                              5

 


Part 1                 Introductory

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1              Name of Regulations

                These Regulations are the Veterans' Affairs Legislation (Permanent Incapacity — Transitional) Regulations 1999.

2              Commencement

                These Regulations commence on the commencement of Schedule 1 to the Veterans’ Affairs Legislation Amendment Act (No. 1) 1999.

3              Definitions

         (1)   In these Regulations:

Amendment Act means the Veterans’ Affairs Legislation Amendment Act (No. 1) 1999.

Entitlements Act means the Veterans’ Entitlements Act 1986.

         (2)   An expression used in these Regulations that is also used in the Entitlements Act has the same meaning in these Regulations as it has in that Act.

Examples

·          invalidity service pension

·          income support supplement.

Part 2                 Amendments relating to invalidity service pension and income support supplement

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4              Amendments relating to permanent incapacity — section 37 of Entitlements Act

         (1)   A person who is eligible for, and receives, invalidity service pension immediately before 1 January 2000, because of the operation of section 37 of the Entitlements Act, continues to be so eligible after that date as if the Amendment Act had not commenced.

         (2)   If a person has made a proper claim (within the meaning of section 37D of the Entitlements Act) before 1 January 2000, in respect of which a determination under subsection 37L (4) of that Act has not been made before 1 January 2000, the claim, when determined, must be determined in accordance with the Entitlements Act as in force immediately before the commencement of Schedule 1 to the Amendment Act.

5              Amendments relating to permanent incapacity — section 45A of Entitlements Act

         (1)   A person who is eligible for, and receives, income support supplement immediately before 1 January 2000, because of the operation of section 45A of the Entitlements Act, continues to be so eligible after that date as if the Amendment Act had not commenced.

         (2)   If a person has made a proper claim (within the meaning of section 45I of the Entitlements Act) before 1 January 2000, in respect of which a determination under subsection 45Q (4) of that Act has not been made before 1 January 2000, the claim, when determined, must be determined in accordance with the Entitlements Act as in force immediately before the commencement of Schedule 1 to the Amendment Act.

         (3)   In this regulation:

person means a person to whom subparagraph 45A (1) (b) (iii) of the Entitlements Act applies immediately before 1 January 2000.

6              Review of decisions affected by paragraph 37 (1) (c) or subparagraph 45A (1) (b) (iii) of Entitlements Act

         (1)   This regulation applies, in relation to a claim for an invalidity service pension, or income support supplement, to:

                (a)    a review in response to a request under Division 16 of Part IIIB of the Entitlements Act; and

               (b)    a review in response to an application under subsection 175 (2) of the Entitlements Act; and

                (c)    proceedings in a court in relation to a matter arising in relation to a review mentioned in paragraph (a) or (b).

         (2)   If the review is, or the proceedings are, in relation to a determination under subsection 37L (4) or 45Q (4) of the Entitlements Act made before 1 January 2000, the review decision or the decision of the court must be made in accordance with the Entitlements Act as in force immediately before the commencement of Schedule 1 to the Amendment Act.

Note

1.       Made by the Governor-General on 15 December 1999, and notified in the Commonwealth of Australia Gazette on 22 December 1999