Federal Register of Legislation - Australian Government

Primary content

Instrument 2021 No. R1 Declarations/Other as made
This instrument amends the Veterans' Entitlements (Pension Bonus Scheme – Non-accruing Members) Declaration 2018 to declare that a specified kind of member of the Pension Bonus Scheme (the Scheme) is a non-accruing member throughout a specified period and enables certain people registered with the Scheme to be taken to be non-accruing members, where a person is unable to work due to the impact of the coronavirus known as COVID-19, and as a result, is unable to pass the work test in order to accrue a bonus period, the person will be taken to be a non-accruing member for that period and will be able to continue in the Scheme.
Administered by: Veterans' Affairs
Registered 02 Feb 2021
Tabling HistoryDate
Tabled HR03-Feb-2021
Tabled Senate04-Feb-2021
To be repealed 14 May 2021
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

Commonwealth Coat of Arms of Australia

 

Veterans’ Entitlements (Pension Bonus Scheme—Non‑accruing Members) Amendment Declaration 2021

 

Instrument 2021 No. R1

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

 

 

Dated this        27th day of       of     January 2021

 

The Seal of the Repatriation Commission  )                 SEAL              

was affixed hereto in the presence of:        )                                       

 

 

 

 

 

 

 

………Vicki Rundle……………………………………………Kate Pope…………………………………….…………………Don Spinks………………

   VICKI RUNDLE                                 KATE POPE                                              DON SPINKS

             PSM                                                  PSM                                                                AM

ACTING PRESIDENT                    DEPUTY PRESIDENT                               COMMISSIONER

 

 

 

…………Gwen Cherne………………………………………………………………………………….……………………………Stuart Smith

    GWEN CHERNE                                                                                               STUART SMITH

                                                                                                                                        AO DSC

   COMMISSIONER                                                                                             COMMISSIONER

 

 

 

 

 

  

 



Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Veterans' Entitlements (Pension Bonus Scheme—Non‑accruing Members) Declaration 2018       2

 


1  Name

                   This instrument is the Veterans’ Entitlements (Pension Bonus Scheme—Non-accruing Members) Amendment Declaration 2021.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

25 December 2020.

 

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

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

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

  

Veterans’ Entitlements (Pension Bonus Scheme—Non‑accruing Members) Declaration 2018

1  Section 6

Repeal the section, substitute:

6  Definitions

Note:             A number of expressions used in this Declaration are defined in the Act, including the following:

(a)     in gaol;

(b)     partner;

(c)     psychiatric confinement

(d)     Social Security Act

                   In this Declaration:

Act means the Veterans’ Entitlements Act 1986.

gainful work has the same meaning as in Part IIIAB of the Act (see section 45TA of the Act).

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

passing the work test has the same meaning as in Part IIIAB of the Act (see section 45TA of the Act).

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

2  Section 7

Omit “A member of the pension bonus scheme who is a member of any of the following kinds is a non‑accruing member:”, substitute “For the purposes of subsection 45TO(1) of the Act, each of the following kinds of member of the pension bonus scheme is declared to be a non‑accruing member throughout the period ascertained in accordance with section 8 of this Declaration:”.

3  Paragraph 7(b)

Omit “, within the meaning of subsection 55(4) of the Act”.

4  Paragraph 7(c)

Omit “, within the meaning of subsection 55(5) and (6) of the Act,”.

5  Paragraphs 7(e) and (f)

Omit “would not”, substitute “is unable to”.

6  Paragraph 7(i)

Repeal the paragraph, substitute:

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

                              (i)  if the partner is a member of the pension bonus scheme—the partner is unable to pass the work test for a bonus period because the amount of gainful work available to the partner in the bonus period is reduced by a major disaster; or

                             (ii)  if the partner is a member of the corresponding scheme under Part 2.2A of the Social Security Act—the partner is unable to pass the work test (within the meaning of that Part) for a bonus period (within the meaning of that Part) because the amount of gainful work available to the partner in the bonus period is reduced by a major disaster.

7  After subsection 8(2)

Insert:

          (2A)  If the member is of a kind mentioned in paragraph 7(h) or (i), the period during which the amount of gainful work is reduced by a major disaster may include a period during which preparations are made to manage an impending disaster.

Example:    The period during which an evacuation of an area occurs shortly before a cyclone is predicted to reach the area.

Note:          Paragraphs 7(h) and (i) deal with when a member or their partner is unable to pass the work test because of a reduction in the amount of gainful work that is available due to a major disaster.

8  Paragraph 9(1)(b)

Repeal the paragraph, substitute:

                     (b)  whose partner was a member of either the pension bonus scheme or the corresponding scheme under Part 2.2A of the Social Security Act and:

                              (i)  if the partner was a member of the pension bonus scheme—the partner was unable to pass the work test for a bonus period because the amount of gainful work available to the partner in the bonus period had been reduced by the effects of Cyclone Larry; or

                             (ii)  if the partner was a member of the corresponding scheme under Part 2.2A of the Social Security Act the partner was unable to pass the work test (within the meaning of that Part) for a bonus period (within the meaning of that Part) because the amount of gainful work available to the partner had been reduced by the effects of Cyclone Larry.

9  Subsection 9(2)

Omit “The member is a non‑accruing member throughout the period during which the member was a member of the kind mentioned in subsection (1)”, substitute, “For the purposes of subsection 45TO(1) of the Act, the member is declared to be a non‑accruing member throughout the period during which the member was a member of the kind mentioned in subsection (1) of this section”.

10  At the end of the instrument:

Add:

10  Special provisions in relation to the impact of coronavirus known as COVID‑19

             (1)  For the purposes of subsection 45TO(1) of the Act, a member of the pension bonus scheme covered by subsection (2) is declared to be a non‑accruing member throughout the period ascertained in accordance with subsection (3).

             (2)  A member of the pension bonus scheme is covered by this subsection if:

                     (a)  the member is unable to pass the work test for a bonus period due to the impact of the coronavirus known as COVID‑19; or

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

                              (i)  if the partner is a member of the pension bonus scheme—the partner is unable to pass the work test for a bonus period due to the impact of the coronavirus known as COVID‑19; or

                             (ii)  if the partner is a member of the corresponding scheme under Part 2.2A of the Social Security Act—the partner is unable to pass the work test (within the meaning of that Part) for a bonus period (within the meaning of that Part) due to the impact of the coronavirus known as COVID‑19.

             (3)  For the purposes of subsection (1), the period is so much of the period beginning on 30 March 2020 and ending on 31 March 2021 during which the member is covered by subsection (2).