Veterans’ Entitlements (Weekly Payments – Class of Persons) Instrument 2021

Instrument 2021 No. R3

made under subsections 58A(3C) and 121(5C) of the

Veterans’ Entitlements Act 1986

Compilation No. 1

Compilation date: 15 December 2022

Includes amendments up to: F2022L01649

Registered: 20 December 2022

About this compilation

This compilation

This is a compilation of the Veterans’ Entitlements (Weekly Payments – Class of Persons) Instrument 2021 that shows the text of the law as amended and in force on 15 December 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Name

3 Authority

4 Definitions

6 Class of persons

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name

This instrument is the Veterans’ Entitlements (Weekly Payments – Class of Persons) Instrument 2021.

3  Authority

  This instrument is made under subsections 58A(3C) and 121(5C) of the Veterans’ Entitlements Act 1986.

4  Definitions

  In this instrument:

Act means the Veterans’ Entitlements Act 1986.

attendant allowance means the payment under section 98 of the Act.

clothing allowance means the payment under section 97 of the Act.

decoration allowance means the payment under section 102 of the Act.

education allowance means a payment under the Veterans’ Children Education Scheme made under section 117 of the Act.

energy supplement means the payment made under Part VIAAD of the Act.

income support supplement means the payment under Part IIIA of the Act.

loss of earnings allowance means the payment under section 108 of the Act.

orphan’s pension means a payment under subsection 30(2) of the Act.

pension has the same meaning as in subsection 5Q(1) of the Act.

recreation transport allowance means the payment under section 104 of the Act.

veteran payment means the payment under Part IIIAA of the Act.

veterans supplement means the payment under Part VIIA of the Act.

war widows pension means the payment under subsection 30(1) of the Act (whether to a person as a widow or widower).

Note: terms in this Instrument that are defined in the Act have the same meaning as in the Act.

6  Class of persons

 (1) For subsections 58A(3A) and 121(5A) 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 a payment under the Act mentioned in subsection (2);

 (c) the person has identified themselves as:

   (i)  not having access to safe and secure housing;

   (ii)  using emergency accommodation;

   (iii)  a refugree; or

   (iv)  financially vulnerable and significantly disadvantaged.

 (d) the person

  (i)  has voluntarily agreed to be paid their payment weekly as described in subsection 58A(3A) or subsection 121(5A) of the Act; and

   (ii)  has not revoked or withdrawn that agreement.

 (2) For the purposes of paragraph 6(1)(b), the payments are:

  (a) attendant allowance;

(b) clothing allowance;

(c)  decoration allowance;

(f)  pension payable under Part II or IV of the Act at a rate determined under or by reference to Division 4 of Part II of the Act;

(g)  education allowance;

(h)   energy supplement;

(i)  income support supplement;

(j)  loss of earnings allowance;

(k)  orphan’s pension;

(l)   pension supplement;

(m)   prisoner of war recognition supplement;

(n)  recreation transport allowance;

(o)  service pension;

(p)   veteran payment;

(q)  veterans supplement;

(r)  war widows pension.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history