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Instrument 2021 No. MRCC4 Determinations/Veterans' Entitlements as made
This instrument specifies a class of vulnerable persons to whom payments of the fortnightly MRCA Supplement may be payable on a weekly basis.
Administered by: Veterans' Affairs
Registered 31 Mar 2021
Table of contents.

Commonwealth Coat of Arms of Australia

 

Military Rehabilitation and Compensation (Weekly Payments – Class of Persons) Instrument 2021

 

Military Rehabilitation and Compensation Act 2004

Instrument 2021 No. MRCC4

 

We as delegates of the Military Rehabilitation and Compensation Commission,  make this Instrument under subsections 224(4), 248(4) and 303(4) of the Military Rehabilitation and Compensation Act 2004.

 

 

 

Dated               26th                      March                    2021

 

 

The Seal of the                                                   )

Military Rehabilitation                                       )

and Compensation Commission                        )

was affixed hereto in the                                    )

presence of:                                                        )

 

 

 

 

………….…Elizabeth Cosson…………………………Kate Pope……………………………..Donald Spinks……….

ELIZABETH COSSON

KATE POPE

DONALD SPINKS

AM CSC

PSM

AM

Chair

 

Member

 

Member

 


Contents

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

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

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

4  Definitions................................................................................................................................ 1

5  Schedules................................................................................................................................. 1

6  Class of persons....................................................................................................................... 1

Schedule 1—Repeals                                                                                                      

Military Rehabilitation and Compensation (Weekly Payments – Class of Persons) Specification 2011      3

 

 


1  Name

This instrument is the Military Rehabilitation and Compensation (Weekly Payments – Class of Persons) Instrument 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

The day after this instrument is registered.

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 subsections 224(4), 248(4) and 303(4) of the Military Rehabilitation and Compensation Act 2004.

4  Definitions

                   In this instrument:

                   Act means the Military Rehabilitation and Compensation Act 2004.

5  Schedules

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

6  Class of persons

             (1)  For subsections 224(2), 248(2) and 303(2) of the Act, the class of persons who meet the following criteria is specified:

                     (a)  the person is an Australian resident living in Australia;

                     (b)  the person is receiving MRCA supplement under section 221, 245 or 300 of the Act;

                     (c)  the person would benefit from having their MRCA supplement paid as described in subsection 224(2), 248(2) or 303(2) of the Act, as the case may be;

                     (d)  the person

                            (i) has voluntarily agreed to be paid their MRCA supplement as described in subsection 224(2), 248(2) or 303(2) of the Act, as the case may be; and

                                    (ii) has not revoked or withdrawn that agreement.

             (2)  Without limiting paragraph (1)(c), a person is taken to benefit from having their MRCA supplement paid as described in subsection 224(2), 248(2) or 303(2) of the Act, as the case may be if:

                     (a)  the person does not have access to safe, secure and adequate housing, including in the circumstances specified in subsection (4); or

                     (b)  the person is using emergency accommodation or is a refugee; or

                     (c)  the person is financially vulnerable and significantly disadvantaged.

             (3)  Without limiting paragraph (2)(a) a person is taken not to have access to safe, secure and adequate housing if:

                     (a)  the housing to which the person currently has access:

                              (i)  damages, or is likely to damage, the person’s health; or

                             (ii)  threatens or is likely to threaten the person’s safety; or

                            (iii)  does not provide the person with access to a reasonably level of personal amenities or the economic and social support that housing normally affords; or

                     (b)  in the circumstances, the adequacy, safety, security, or affordability of the housing to which the person currently has access is adversely affected or may be adversely affected; or

                     (c)  the person does not have a right to remain, or a reasonable expectation of being able to remain, in the housing to which the person currently has access.

 

Schedule 1Repeals

Military Rehabilitation and Compensation (Weekly Payments – Class of Persons) Specification 2011

1  The whole of the instrument

Repeal the instrument.