Federal Register of Legislation - Australian Government

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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Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014

Veterans' Affairs Legislation (Permanent Incapacity - Transitional) Regulations 1999 1999 No. 358

EXPLANATORY STATEMENT

Statutory Rules 1999 No. 358

Issued by the Authority of the Minister for Veterans' Affairs

Veterans' Affairs Legislation Amendment Act (No. 1) 1999

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

The Veterans Affairs Legislation Amendment Act (No. 1) 1999 amended the Veterans' Entitlements Act 1986 by introducing, among other measures, new eligibility criteria for the invalidity service pension ('ISP') and the income support supplement (on the ground of permanent incapacity to work) ('I-ISS'). The amendments commence, or are taken to have commenced, on 1 January 2000.

The eligibility criteria that were amended concern the method for ascertaining a person's permanent incapacity to work for the purpose of being eligible for an ISP or I-ISS.

Section 4 of the Veterans' Affairs Legislation Amendment Act (No. 1) 1999 ('the Amending Act') enables the Governor-General to make regulations providing for matters of a transitional nature (including providing for any saving or application provision) arising out of amendments of the Veterans' Entitlements Act 1986 by the Amending Act.

The new regulations provide that people with accrued rights under the Veterans' Entitlements Act 1986 in relation to ISP/PISS before the commencement of the Amending Act, such as claimants, people seeking a review of a decision whether internally by the Repatriation Commission or externally by the Administrative Appeals Tribunal, or people engaged in court proceedings, will not be affected by the new eligibility criteria which will mean the former eligibility criteria, will govern their situation.

Details of each of the regulations are set out in the attachment.

The regulations commence on the commencement of Schedule 1 to the Amending Act (1 January 2000).

It is intended that the proposed regulations will be gazetted before they commence and as a result will not infringe subsection 48(2) of the Acts Interpretation Act 1901.

ATTACHMENT

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

Regulation 1       refers to the name of the regulations as the Veterans'

       Affairs Legislation (Permanent Incapacity -

       Transitional) Regulations 1999.

Regulation 2       provides that the regulations will commence on the

       commencement of Schedule 1 to the Veterans'

       Affairs Legislation Amendment Act (No. 1) 1999

       (1 January 2000).

Regulation 3       defines the following terms in the regulations:

*       Amendment Act, which means the Veterans' Affairs Legislation Amendment Act (No. 1) 1999;

*       Entitlements Act, which means the Veterans' Entitlements Act 1986.

Regulation 3 also provides that expressions used in the regulations will have the same meaning that they have in the Veterans' Entitlements Act 1986.

Regulation 4       provides that existing recipients of the invalidity

       service pension continue to be eligible for that

       pension as if the legislation introducing new

       eligibility criteria for that pension. had not

       commenced. In short, existing recipients are not

       affected by the new eligibility criteria.

       Regulation 4 also provides that claimants who lodged

       claims for the invalidity service pension before the

       introduction of the new eligibility criteria, and whose

       claims remain unresolved at the time the new

       eligibility criteria are introduced, are to have their

       claims determined under the former eligibility

       criteria.

Regulation 5       provides that existing recipients of the income

       support supplement (on the ground of permanent

       incapacity to work) continue to be eligible for that

       supplement as if the legislation introducing new

       eligibility criteria for that supplement, had not

       commenced. In short, existing recipients are not

       affected by the new eligibility criteria.

       Regulation 5 also provides that claimants who lodged

       claims for the supplement before the introduction of

       the new eligibility criteria, and whose claims remain

       unresolved at the time the new eligibility criteria are

       introduced, are to have their claims determined under

       the former eligibility criteria.

Regulation 6       relates to reviews and court proceedings and provides

       that people who sought a review in respect of a

       decision in relation to the invalidity service pension

       or income support supplement (on the ground of

       permanent incapacity to work) and that decision was,

       or related to, a decision that was made before

       1 January 2000, will have their review or proceeding

       determined under the former eligibility criteria.