Veterans’ Entitlements (Clean Energy Advance – Multiple Entitlement Exclusion) Determination 2012 (No. R2/2012)

Link to law: https://www.comlaw.gov.au/Details/F2012L00858

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Veterans’ Entitlements (Clean Energy Advance – Multiple Entitlement Exclusion) Determination 2012
 
Veterans’ Entitlements Act 1986
Instrument 2012 No. R2
 
 
The Repatriation Commission makes this Determination under subsection 65A(1) of the Veterans’ Entitlements Act 1986.
 
 
 
Dated this 4th                       day of April                          2012
 
 
 
 
 
 
Ian Campbell            Shane Carmody           Major General Mark Kelly
……………………………………………………………………………………….….
IAN CAMPBELL    SHANE CARMODY    Major General Mark Kelly
      PSM                                                                      AO DSC
PRESIDENT        DEPUTY PRESIDENT            COMMISSIONER
 
 
 
 
1.         Name of instrument
This Determination is the Veterans’ Entitlements (Clean Energy Advance – Multiple Entitlement Exclusion) Determination 2012.
2.         Commencement
This Determination commences on 14 May 2012.
3.         Definitions
In this Determination:
ABSTUDY has the same meaning as in the Social Security Act 1991.
Act means the Veterans’ Entitlements Act 1986.
clean energy advance has the same meaning as in the Act.
clean energy advance period has the same meaning as in the Act.
clean energy bonus 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.
Commission means the Repatriation Commission continued in existence by section 179 of the Act.
disability pension means a pension 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.
general rate has the same meaning as in the Act.
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.
multiple entitlement exclusion has the same meaning as in subsection 61F(4) of the Act.
seniors supplement has the same meaning as in the Act.
service pension has the same meaning as in the Act.
social security payment has the same meaning as in the Social Security Act 1991.
top-up payment means a payment made under the Veterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012.
VCES means the Veterans’ Children Education Scheme made under section 117 of the Act.
VEA means the Veterans’ Entitlements Act 1986.
war widow(er) pension means a pension under Part II or IV of the Act at a rate determined under or by reference to subsection 30(1) of the Act.
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 if the advance would be for service pension, seniors supplement or war widow(er) pension (a payment) and:
(a)      the person has previously been paid a clean energy advance under the Act in relation to service pension, seniors supplement or war widow(er) pension; or
(b)    the person is eligible or qualified for a clean energy advance for more than one payment and the payment in respect of which the person seeks the advance is not the one determined by the Commission to be the payment for which the advance is to be paid; or
Note: the intention here is to cover a situation where a person is eligible or qualified for an advance for more than one payment and seeks advances in respect of those payments.  This provision enables the Repatriation Commission to decide which of those payments will attract the advance so as to prevent the payment of more than one advance.
(c)     the person has previously been paid, or is eligible or qualified for a clean energy advance (other advance) under:
(i) the Social Security Act 1991; or
(ii) the MRCA in relation to a MRCA wholly dependent partner payment; or
(iii) ABSTUDY; or
(iv) the MRCAETS; or
(v) the VCES;
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 if the advance would be for disability pension and:
(a) the person has previously been paid a clean energy advance under the Act in relation to 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 MRCA in relation to a MRCA permanent             impairment payment; or

(ii) the MRCA in relation to a MRCA Special Rate        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 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 the MRCA, but the multiple qualification exclusion under the MRCA prevents the payment of the advance under that Act because the person is eligible for an advance for disability pension under the Veterans’ Entitlements Act 1986, leading to a stalemate.
(3)  A person to whom subsection (1) or (2) 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 disability pension used to calculate the person’s rate of disability pension on a day if the person is also in receipt of a payment under the MRCA, being:
(a) where disability pension is paid at the general rate - a MRCA permanent impairment payment; or
(b) where disability pension is paid at any rate - a MRCA Special Rate Disability Pension;
where the payment or pension under the MRCA 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 war widow(er) pension used to calculate the person’s rate of war widow(er) pension on a day if the person is also in receipt of a MRCA wholly dependent partner payment and the MRCA wholly dependent partner payment includes a component of clean energy supplement covering the same instalment period for the person’s war widow(er) pension.
(3) 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 seniors supplement used to calculate the person’s rate of seniors supplement on a day if the person is also in receipt of a war widow(er) pension or a MRCA wholly dependent partner payment that includes a component of clean energy supplement covering the same instalment period for the person’s seniors supplement.