VETERANS’ ENTITLEMENTS ACT 1986

SECTION 29

Instrument No.8 of 1997

REVOCATION OF THE GUIDE TO THE ASSESSMENT OF RATES OF VETERANS’ PENSIONS

Revocation

(1)           The Repatriation Commission, under subsection 29(2) of the Veterans’ Entitlements Act 1986 (the Act), revokes the Guide to the Assessment of Rates of Veterans’ Pensions prepared by it under subsection 29(1) of the Act by instrument No.7 of 1994 (the old Guide), dated 10 June 1994 and approved by the Minister under subsection 29(3) of the Act on 17 June 1994.

Application

(2)           The Guide to the Assessment of Rates of Veterans’ Pensions, instrument No.9 of 1997 (the new Guide), applies to any decision by the Repatriation Commission, the Veterans’ Review Board, or the Administrative Appeals Tribunal on or after 1 March 1998, whether the proceedings relating to the decision commenced before, on, or after that date.

(3)           In the course of re-assessing or reviewing the assessment or re-assessment of the rate at which a pension is payable, the degree of incapacity of the person to whom that pension is payable shall not be a percentage that is less than the percentage of the general rate of pension constituted by the rate at which that pension was, immediately before 1 March 1998, payable unless:

(a)           the degree of incapacity of that person from war-caused or defence-caused injury or disease has decreased (as assessed under the old Guide) since the rate of pension was previously assessed or last assessed; or

(b)           the previous assessment or last assessment would not have been made but for a false statement or misrepresentation of a person.

Commencement

(4)           This instrument of revocation shall take effect upon the commencement of the new Guide approved by the Minister to come into operation on 1 March 1998.

Dated this 30th day of September 1997