Federal Register of Legislation - Australian Government

Primary content

2018 No. R17 Guides & Guidelines as made
This instrument revokes and replaces the Veterans' Entitlements (Delayed Lodgment of Claims for Pension Bonus) Guidelines 2007.
Administered by: Veterans' Affairs
Made 01 Mar 2018
Registered 28 Mar 2018
Tabled HR 08 May 2018
Tabled Senate 08 May 2018

 

 

 

 

 

 

 

Repatriation Commission

 

 

Veterans' Entitlements (Delayed Lodgment of Claims for Pension Bonus) Guidelines 2018

 

Instrument 2018 No. R17

 

 

 

 

 

The Repatriation Commission, under subsection 45UK(6) of the Veterans’ Entitlements Act 1986 makes the following Guidelines.

 

 

Dated this        1        of              March             2018

 

 

The Seal of the                                                )  

Repatriation Commission                               )  SEAL

was affixed hereto in the                                 )

presence of:                                                     ) 

 

 

 

 

 

 

Simon Lewis                                         C Orme                                                           M A Kelly

SIMON LEWIS                            CRAIG ORME                                  Major General Mark Kelly

          PSM                                        DSC AM CSC                                                          AO DSC

    PRESIDENT                         DEPUTY PRESIDENT                                         COMMISSIONER

 

 

 


1 Name

 

This instrument is the Veterans' Entitlements (Delayed Lodgment of Claims for Pension Bonus) Guidelines 2018.

 

 

2 Commencement

 

This instrument commences on the day after it is registered.

 

 

3 Authority

 

This instrument is made under subsection 45UK(6) of the Veterans’ Entitlements Act 1986.

 

 

4 Revocation

 

The Veterans’ Entitlements (Delayed Lodgment of Claims for Pension Bonus) Guidelines 2007 is revoked.

 

 

5 Definitions

 

In the Guidelines:

 

Act means the Veterans’ Entitlements Act 1986.

 

designated pension has the same meaning as it has in section 45TA of the Act.

 

 

6 Guidelines

 

(1)  For subsection 45UK(5) of the Act, this section contains guidelines about when special circumstances apply in relation to the lodgment of a claim for pension bonus by a person who is a registered member of the pension bonus scheme immediately before lodging a claim for a designated pension.

         (2)   A special circumstance applies in relation to the lodgement of a claim for pension bonus by a person if:

                (a)    the person lodges the claim for pension bonus within 2 years of the date of lodgment of a claim for a designated pension; and

               (b)    an invitation was not made to the person under subsection 45UK(3) of the Act to lodge a claim for pension bonus; and

                (c)    an invitation should have been made because:

                          (i)    the person was, to the knowledge of the Secretary, registered as a member of the pension bonus scheme; and

                         (ii)    the claim for a designated pension was made by the person in accordance with a form that did not require the claimant to disclose whether the claimant was registered as a member of the pension bonus scheme or the corresponding scheme under Part 2.2A of the Social Security Act 1991; and

                        (iii)    a claim for pension bonus was not attached to the claim for a designated pension; and

               (d)    the person did not knowingly give the Secretary incorrect information that led the Secretary to conclude that the making of an invitation to lodge a claim for pension bonus by the person would be inappropriate.

(3)  A special circumstance applies in relation to the lodgement of a claim for a claim for pension bonus by a person if:

                (a)    the person lodges the claim for pension bonus within 2 years of the date of lodgment of a claim for a designated pension; and

               (b)    all of the following apply:

                          (i)    the claim for a designated pension was made by the person in accordance with a form that required the claimant to disclose whether the claimant was registered as a member of the pension bonus scheme or the corresponding scheme under Part 2.2A of the Social Security Act 1991;

                         (ii)    the claimant did not disclose that information; and

                        (iii)    the Secretary did not seek disclosure of that information before granting the claim for a designated pension.