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2018 No. R4 Declarations/Other as made
This declaration relates to the administration of the Pension Bonus Scheme and specifies certain kinds of persons registered under the Scheme to be non-accruing members.
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 (Pension Bonus Scheme

 – Non-accruing Members) Declaration 2018

 

Instrument 2018 No. R4

 

 

 

 

 

The Repatriation Commission, under subsection 45TO(1) of the Veterans’ Entitlements Act 1986 makes the following declaration.

 

 

Dated this       1         of                     March                     2018

 

 

The Seal of the                                                               )  

Repatriation Commission                                              )  SEAL

was affixed hereto in the                                                )

presence of:                                                                    ) 

 

 

 

 

 

 

    Simon Lewis                                     C Orme                                                    MA Kelly

 SIMON LEWIS                            CRAIG ORME                                  Major General Mark Kelly

          PSM                                        DSC AM CSC                                                         AO DSC

    PRESIDENT                         DEPUTY PRESIDENT                                         COMMISSIONER

 

 

 

 

 

 

 

 

1 Name

 

This declaration  is the Veterans' Entitlements (Pension Bonus Scheme –

Non-accruing Members) Declaration 2018.

 

 

2 Commencement

 

This declaration commences on the day after it is registered.

 

 

3 Authority

 

This declaration is made under subsection 45TO(1) of the Veterans’ Entitlements Act 1986.

 

 

4 Revocation

 

The Veterans’ Entitlements (Pension Bonus Scheme – Non-accruing Members) Declaration 2007 is revoked.

 

 

5 Savings

 

A person who, immediately before the commencement of this declaration, was declared to be a non-accruing member under the revoked declaration is taken to be a non-accruing member under this declaration as if this declaration declared the person as a non-accruing member.

 

 

6 Definitions

 

(1)      In this instrument:

 

Act means the Veterans’ Entitlements Act 1986.

 

major disaster has the same meaning as in section 23 of the Social Security Act.

 

pass the work test:

 

                (a)    for a member of the pension bonus scheme  has the meanings given by sections 45TS and 45TT of the Act; and

               (b)    for the partner of a member of the pension bonus scheme who is a member of the corresponding scheme under Part 2.2A of the Social Security Act — has the meanings given by sections 92U and 92V of the Social Security Act.

 

revoked declaration means the Veterans’ Entitlements (Pension Bonus Scheme – Non-accruing Members) Declaration 2007.

 

Note:   The following expressions used in this instrument are defined in the Act (see subsections 5E (1), 5NB (1), 5Q (1) and section 45TA):

·             compensation

·             compensation affected pension

·             designated pension

·             member of a couple

·             partner

·             pension age

·             pension bonus

·             Social Security Act.

 

         (2)   For this declaration, the period during which a major disaster affects a person’s ability to pass the work test may include a period during which preparations are made to cope with an impending disaster, for example, by evacuation of an area shortly before a cyclone is predicted to reach the area.

 

 

7 Kinds of non‑accruing members

 

A member of the pension bonus scheme who is a member of any of the following kinds is a non‑accruing member:

 

(a)a member who is a Community Development Employment Project (CDEP) Scheme participant within the meaning of section 23 of the Social Security Act;

 

(b)        a member who is in gaol, within the meaning of subsection 55(4) of the Act;

 

(c)a member who is undergoing psychiatric confinement, within the meaning of subsections 55(5) and (6) of the Act, because the member has been charged with committing an offence;

 

               (d)    a member who was not a participant in the workforce, but whose partner:

                          (i)    was a participant in the workforce; and

                         (ii)    was not a registered member of the pension bonus scheme or the corresponding scheme under Part 2.2A of the Social Security Act; and

                        (iii)    intended to become a registered member of the pension bonus scheme or the corresponding scheme under Part 2.2A of the Social Security Act;

 

                (e)    a member who is on paid or unpaid leave of any kind, or combination of kinds, from gainful work and who would not pass the work test for a bonus period during which any part of the leave is taken;

 

                (f)    a member whose partner is on paid or unpaid leave of any kind, or combination of kinds, from gainful work and who would not pass the work test for a bonus period during which any part of the leave is taken;

 

               (g)    a member who is:

                          (i)    the surviving member of a couple; and

                         (ii)    undergoing a period of bereavement; and

                        (iii)    unable to pass the work test for a bonus period during which the period of bereavement occurs;

 

               (h)    a member who is unable to pass the work test for a bonus period because the amount of gainful work available to him or her in the bonus period is reduced by a major disaster;

 

                (i)    a member whose partner:

                          (i)    is a member of the pension bonus scheme or the corresponding scheme under Part 2.2A of the Social Security Act; and

                         (ii)    is unable to pass the work test for a bonus period because the amount of gainful work available to him or her in the bonus period is reduced by a major disaster;

 

                (j)    a member who:

                          (i)    has received compensation and to whom a designated pension would not have been payable during a period (the compensation period) if the member had not reached pension age and the pension was a compensation affected pension; and

                         (ii)    is unable to pass the work test for a bonus period during which the compensation period occurs.

 

Note: For paragraphs (h) and (i), for the application of this instrument in relation to Cyclone Larry, a major disaster that occurred in 2006, see section 9.

8    Period for which a member is a non‑accruing member

         (1)   A member of the pension bonus scheme to whom a paragraph of section 7 applies is a non‑accruing member throughout the period during which the member is a member of the kind mentioned in the paragraph.

         (2)   However, for a member to whom a paragraph of section 7 mentioned in the following table applies, subsection (1) is subject to the time limit shown.

 

Item

Paragraph of section 7

Time limit

1

(e), (f)

26 weeks

2

(g), (h), (i)

13                 weeks

 

(3)     A member mentioned in paragraph 7 (j) is a non‑accruing member during the whole or part of the compensation period during which the member is unable to pass the work test.

 

9    Special provisions in relation to Cyclone Larry

         (1)   This section applies to a member of the pension bonus scheme:

                (a)    who was unable to pass the work test for a bonus period because the amount of gainful work available to him or her in the bonus period had been reduced by the effects of Cyclone Larry; or

               (b)    whose partner:

                          (i)    was a member of the pension bonus scheme or the corresponding scheme under Part 2.2A of the Social Security Act; and

                         (ii)    was unable to pass the work test for a bonus period because the amount of gainful work available to him or her in the bonus period had been reduced by the effects of Cyclone Larry.

         (2)   The member is a non‑accruing member throughout the period during which the member was a member of the kind mentioned in subsection (1):

                (a)    from the date, not before 1 March 2006, that:

                          (i)    for a member mentioned in paragraph (1) (a) — the member was unable to pass the work test due to the effects of Cyclone Larry; or

                         (ii)    for a member mentioned in paragraph (1) (b) — the member’s partner was unable to pass the work test due to the effects of Cyclone Larry; and

               (b)    up to a maximum of 13 weeks.

Note:   1 March 2006 is the date from which people are taken to be affected by preparation for Cyclone Larry.