Military Rehabilitation and Compensation (Multiple Entitlement Exclusion) Determination 2012
 
Military Rehabilitation and Compensation Act 2004
Instrument 2012 No. M4
 
 
The Military Rehabilitation and Compensation Commission, by its delegates, makes this Determination under subsection 424L(1) of the Military Rehabilitation and Compensation Act 2004.
 
 
Dated this 4th                       day of April                          2012
 
 
The Seal of the                                                )
Military Rehabilitation                                    )
and Compensation Commission                   ) SEAL
was affixed hereto in the                                )
presence of:                                                     )
 
 
 
 
Ian Campbell                Shane Carmody                             Major General Mark Kelly
………………………………………………………………………………………....
IAN CAMPBELL    SHANE CARMODY     Major General Mark Kelly
      PSM                                                                                              AO DSC
Chair and Delegate       Member and Delegate                          Member and Delegate
 
 
 
1          Name of instrument
This Determination is the Military Rehabilitation and Compensation (Multiple Entitlement Exclusion) Determination 2012.
2.         Commencement
This Determination commences on 14 May 2012.
3.         Definitions
In this Determination:
ABSTUDY scheme has the same meaning as in the Social Security Act 1991.
Act means the Military Rehabilitation and Compensation Act 2004.
CES 22(4) rate has the same meaning as in subsection 5GB(2) of the VEA.
CES 23(4) rate has the same meaning as in subsection 5GB(3) of the VEA.
CES 24(4) rate has the same meaning as in subsection 5GB(4) of the VEA.
clean energy advance has the same meaning as in the Act.
clean energy supplement has the same meaning as in the Act.
clean energy underlying payment has the same meaning as in the Act.
disability pension means a pension under Part II or IV of the VEA at a rate determined under or by reference to Division 4 of Part II of the VEA.
MRCA means the Military Rehabilitation and Compensation Act 2004.
MRCA permanent impairment payment means compensation payable under Part 2 of Chapter 4 of the MRCA.
MRCA special rate disability pension means the payment called the Special Rate Disability Pension under section 198 of the MRCA.
MRCA wholly dependent partner payment means the compensation payable under Division 2 of Part 2 of Chapter 5 of the MRCA.
MRCAETS means the Military Rehabilitation and Compensation Act Education and Training Scheme made under subsection 258(1) of the Act.
MRCAETS education allowance means an education allowance payable under the MRCAETS.
top-up payment means a payment made under the Military Rehabilitation and Compensation (Clean Energy Advance – Top-Up) Determination 2012.
VCES means the Veterans’ Children Education Scheme made under section 117 of the VEA.
VEA means the Veterans’ Entitlements Act 1986.
war widow(er) pension means a pension under Part II or IV of the VEA at a rate determined under or by reference to subsection 30(1) of the VEA.
Part 2     When a person will be excluded from eligibility for a clean energy advance
4          Clean energy advance
(1)  Despite any provision of the Act a person is not eligible for a clean energy advance under the Act in respect of a clean energy underlying payment of MRCA wholly dependent partner payment if:
(a) the person has previously been paid a clean energy advance for a MRCA wholly dependent partner payment; or
(b) the person has previously been paid, or is eligible or qualified for, a clean energy advance (other advance) under:
(i) the ABSTUDY scheme; or
(ii) the MRCAETS; or
(iii) the Social Security Act 1991; or
(iv) the VCES; or
(v) the VEA, except for a clean energy advance in relation to disability pension:
unless, where the person is eligible or qualified for the other advance, in the opinion of the Commission there is no reasonable likelihood of the person being paid the other advance because of a multiple entitlement exclusion in which case the person is not taken to be ineligible for a clean energy advance by reason of this section.
Note: the intention is to avoid a situation where a person is not eligible for an advance under the Act because he/she is qualified for an advance under, for example, the Social Security Act 1991 (SSA), but the multiple qualification exclusion under the SSA prevents the payment of the advance under that Act because the person is eligible for an advance under the Veterans’ Entitlements Act 1986, leading to a stalemate.
(2)  Despite any provision of the Act a person is not eligible for a clean energy advance under the Act in respect of a clean energy underlying payment of MRCA permanent impairment payment if:
(a) the person has previously been paid a clean energy advance for a MRCA permanent impairment payment; or
(b) the person has previously been paid, or is eligible or qualified for, a clean energy advance (other advance) under:
(i) the Act, in relation to MRCA Special Rate Disability Pension; or
(ii) the VEA, in relation to disability pension;
unless, where the person is eligible or qualified for the other advance, in the opinion of the Commission there is no reasonable likelihood of the person being paid the other advance because of a multiple entitlement exclusion in which case the person is not taken to be ineligible for a clean energy advance by reason of this section.
Note: the intention is to avoid a situation where a person is not eligible for an advance under the MRCA because he/she is eligible for an advance under the VEA but the multiple qualification exclusion under the VEA prevents the payment of the advance under the VEA because the person is eligible for an advance under the MRCA, leading to a stalemate.
(3)  Despite any provision of the Act a person is not eligible for a clean energy advance under the Act in respect of a clean energy underlying payment of MRCA Special Rate Disability Pension if:
(a) the person has previously been paid a clean energy advance for MRCA Special Rate Disability Pension; or
(b) the person has previously been paid, or is eligible or qualified for, a clean energy advance (other advance) under:
(i) the Act in relation to MRCA permanent impairment payment; or
(ii) the VEA in relation to disability pension;
unless, where the person is eligible or qualified for the other advance, in the opinion of the Commission there is no reasonable likelihood of the person being paid the other advance because of a multiple entitlement exclusion in which case the person is not taken to be ineligible for a clean energy advance by reason of this section.
Note: the intention is to avoid a situation where a person is not eligible for an advance under the MRCA because he/she is qualified for an advance under the VEA but the multiple qualification exclusion under the VEA prevents the payment of the advance under the VEA because the person is eligible for an advance under the MRCA, leading to a stalemate.
(4)  Despite any provision of the Act a person is not eligible for a clean energy advance under the Act in respect of a clean energy underlying payment of MRCA permanent impairment payment if the person is receiving a clean energy supplement under the VEA in relation to disability pension.
(5)  A person to whom subsection (1) - (3) applies may still be eligible for a top‑up payment.
5          Clean energy supplement
(1)  Despite any provision of the Act, a person is not eligible to have a clean energy supplement for a clean energy underlying payment that is MRCA permanent impairment payment used to calculate the person’s rate of MRCA permanent impairment payment on a day if the person is receiving a clean energy supplement in relation to disability pension at the CES 22(4), the CES 23(4) or the CES 24(4) rate where the MRCA permanent impairment payment includes a component of clean energy supplement covering the same instalment period for the person’s disability pension.
(2)  Despite any provision of the Act, a person is not eligible to have a clean energy supplement for a clean energy underlying payment that is MRCA permanent impairment payment used to calculate the person’s rate of MRCA permanent impairment payment on a day if the person is receiving a clean energy supplement in relation to MRCA special rate disability pension where the MRCA permanent impairment payment includes a component of clean energy supplement covering the same instalment period for the person’s MRCA special rate disability pension.