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.