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Veterans’ Entitlements (DFISA-like Payment) Regulations 20051 Select Legislative Instrument 2005 No. 26
I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Veterans’ Entitlements Act 1986. Dated 10 March 2005 P. M. JEFFERY Governor-General By His Excellency’s Command DE-ANNE KELLY Minister for Veterans’ Affairs
Contents Part 1 Preliminary 1 Name of Regulations 3 2 Commencement 3 3 Purpose 3 4 Definitions 3 Part 2 DFISA-like payment 5 Eligibility for DFISA-like payment 6 6 Rate of DFISA-like payment 7 7 Payment of DFISA-like payment in arrears and by instalments 7 Part 3 Associated benefits 8 Eligibility for associated payments 8 9 Rate of associated payment 8 10 Eligibility for associated non-financial benefits 8 11 Provision of associated non-financial benefit 9 Part 4 General 12 Payment into bank account 10 13 Deductions from DFISA-like payment or associated payment because of notice from the Commissioner of Taxation 11 14 Compliance with requirements of relevant Commonwealth program 11 Schedule 1 Method Statements 12 Part 1 Method Statement 1 12 Part 2 Method Statement 2 14
Part 1 Preliminary 1 Name of Regulations These Regulations are the Veterans’ Entitlements (DFISA-like Payment) Regulations 2005. 2 Commencement These Regulations are taken to have commenced on 20 September 2004. 3 Purpose (1) For subsection 118NJ (1) of the Act, these Regulations make provision for and in relation to the payment of DFISA-like payment to certain persons on a day that is on or after 20 September 2004. (2) For subsection 118NJ (2) of the Act, these Regulations make provision for and in relation to a payment (an associated payment), or the provision of a non-financial benefit (an associated non-financial benefit), to certain persons on a day that is on or after 20 September 2004. 4 Definitions In these Regulations: ABSTUDY Living Allowance means Living Allowance payable under the ABSTUDY Scheme. ABSTUDY Scheme means the Aboriginal and Torres Strait Islander Study Assistance Scheme administered by the Department of Education, Science and Training. Act means the Veterans’ Entitlements Act 1986. adjusted disability pension has the meaning given by section 118NA of the Act. associated benefit means: (a) an associated payment; or (b) an associated non-financial benefit. associated non-financial benefit means a benefit that is to be provided to a person under regulation 10. associated payment means a payment payable to a person under regulation 8. Commonwealth scheme has the meaning given by subsection 118NJ (3) of the Act. DFISA-like payment means a payment payable to a person under regulation 5. eligible person means a person to whom DFISA-like payment or an associated payment is payable, or an associated non-financial benefit is provided, under these Regulations. Exceptional Circumstances Relief Payment means payment, so styled, made under the Farm Household Support Act 1992. Farm Help Income Support means payment, so styled, made under the Farm Household Support Act 1992. Interim Income Support means payment, so styled, made under the interim income support policy guidelines, as in force on the commencement of these Regulations, administered by the Department of Agriculture, Fisheries and Forestry. partner has the same meaning as in subsection 4 (1) of the Social Security Act 1991. primary payment means any of the following: (a) ABSTUDY Living Allowance; (b) Exceptional Circumstances Relief Payment; (c) Farm Help Income Support; (d) Interim Income Support; (e) Sugar Industry Reform Program 2004 – Income Support Payment. rate includes a nil rate. secondary non-financial benefit means a benefit (other than a payment) under a Commonwealth scheme that is provided to a person on a day because a primary payment is payable to the person on that day. secondary payment means a payment (other than a primary payment) under a Commonwealth scheme that is payable to a person on a day because a primary payment is payable to the person on that day. Sugar Industry Reform Program 2004 – Income Support Payment means payment, so styled, made under the Sugar Industry Reform Program 2004 Guidelines, as in force on the commencement of these Regulations, administered by the Department of Agriculture, Fisheries and Forestry.
Part 2 DFISA-like payment 5 Eligibility for DFISA-like payment (1) DFISA-like payment is payable on a day that is on or after 20 September 2004 to a person to whom subsection 118NJ (1) of the Act applies. (2) However, DFISA-like payment is not payable to the person on that day if: (a) the rate of DFISA-like payment would be nil; or (b) subregulation 12 (4) applies to the person on that day; or (c) before that day: (i) the person had elected not to be covered by these Regulations; and (ii) the election had not been withdrawn. (3) An election, or a withdrawal of an election, under paragraph (2) (c): (a) is effective only if made by document lodged at an office of the Department in Australia in accordance with section 5T of the Act; and (b) is taken to have been made on a day determined under that section. (4) If Exceptional Circumstances Relief Payment, or Farm Help Income Support, is taken not to be payable to the person on that day because of the operation of section 49 of the Farm Household Support Act 1992 in relation to the person, that payment is taken, for subparagraph 118NJ (1) (b) (i) of the Act, to be payable to the person on that day. 6 Rate of DFISA-like payment The rate of DFISA-like payment that is payable to an eligible person on a day that is on or after 20 September 2004 is worked out as follows: (a) if the primary payment applying to the person on that day is ABSTUDY Living Allowance — using Method Statement 1 set out in Part 1 of Schedule 1; (b) if the primary payment applying to the person on that day is: (i) Exceptional Circumstances Relief Payment; or (ii) Farm Help Income Support; or (iii) Interim Income Support; or (iv) Sugar Industry Reform Program 2004 – Income Support Payment; using Method Statement 2 set out in Part 2 of Schedule 1. 7 Payment of DFISA-like payment in arrears and by instalments Section 121 of the Act applies to a payment of DFISA-like payment as if: (a) DFISA-like payment were a pension for the purposes of that section; and (b) the reference to DFISA in subsection 121 (6A) were a reference to DFISA-like payment.
Part 3 Associated benefits 8 Eligibility for associated payments An associated payment is payable to a person on a day that is on or after 20 September 2004 if: (a) a primary payment is not payable to the person on that day, but only because adjusted disability pension is payable to the person, or the person’s partner, on that day; and (b) a secondary payment is not payable to the person on that day, but only because the primary payment is not payable to the person on that day; and (c) DFISA-like payment is payable to the person on that day. 9 Rate of associated payment The rate of associated payment that is payable to an eligible person on a day that is on or after 20 September 2004 is the rate of the secondary payment mentioned in paragraph 8 (b) that would have been payable to the person on that day if the primary payment mentioned in paragraph 8 (a) had been payable to the person on that day. 10 Eligibility for associated non-financial benefits An associated non-financial benefit is to be provided to a person on a day that is on or after 20 September 2004 if: (a) a primary payment is not payable to the person on that day, but only because adjusted disability pension is payable to the person, or the person’s partner, on that day; and (b) a secondary non-financial benefit is not provided to the person on that day, but only because the primary payment is not payable to the person on that day; and (c) DFISA-like payment is payable to the person on that day. 11 Provision of associated non-financial benefit The associated non-financial benefit that is to be provided to an eligible person on a day that is on or after 20 September 2004 is the secondary non-financial benefit mentioned in paragraph 10 (b) that would have been provided to the person on that day if the primary payment mentioned in paragraph 10 (a) had been payable to the person on that day. Example A health care card.
Part 4 General 12 Payment into bank account (1) This regulation applies if the Commission has determined, under subsection 122 (4) of the Act, that DFISA-like payment or an associated payment is to be paid into an account with a bank. (2) The Commission may direct that the whole or a part of an instalment of DFISA-like payment, or the whole or part of an amount of associated payment, is to be paid, at such intervals as it directs, to the credit of an account nominated from time to time by an eligible person, and payment is to be made accordingly. (3) An account nominated by an eligible person for the purposes of subregulation (2) must be an account maintained by that person, either alone, or jointly or in common with another person, with a bank. (4) If the eligible person has not nominated an account for the purposes of subregulation (2) by the end of the period of 28 days (or such longer period determined by the Commission) starting on the day on which the Commission requested the person to do so, DFISA-like payment ceases to be payable to the person. (5) If the eligible person nominates an account for the purposes of subregulation (2) after the end of the 28 day or other period, subregulation (4) ceases to apply to the person on the day the person does so. 13 Deductions from DFISA-like payment or associated payment because of notice from the Commissioner of Taxation The Commission must, in accordance with Subdivision 260-A in Schedule 1 to the Taxation Administration Act 1953, for the purpose of enabling the collection of an amount that is, or may become, payable by a recipient of DFISA-like payment or an associated payment, direct that: (a) deductions are to be made from instalments of DFISA-like payment, or from an amount of associated payment, payable to the recipient; and (b) the amount deducted is to be paid to the Commissioner of Taxation. 14 Compliance with requirements of relevant Commonwealth program (1) This regulation applies to a person to whom DFISA-like payment is payable on a day if: (a) the rate of the primary payment on that day is nil; or (b) the primary payment is not payable to the person on that day. (2) The person must comply with any requirements under the Commonwealth scheme that provides for the primary payment, as if the person were receiving an instalment of the primary payment.
Schedule 1 Method Statements (regulation 6) Part 1 Method Statement 1 Note This Part applies if the primary payment is ABSTUDY Living Allowance. 1 Definitions In this Part: daily provisional payment rate means: (a) for a person to whom: (i) step 10 of the Overall Living Allowance Rate Calculator applies; and (ii) step 11 of the Calculator does not apply; the personal income test reduced rate mentioned in step 10; or (b) for a person to whom step 11 of the Overall Living Allowance Rate Calculator applies, the provisional fortnightly payment rate mentioned in that step; converted to a daily rate by dividing the rate by 14. excluded amount has the meaning given by section 118NA of the Act. income test means the applicable income test referred to in the Overall Living Allowance Rate Calculator. Overall Living Allowance Rate Calculator means the Rate Calculator, as in force on the commencement of these Regulations, used under the ABSTUDY Scheme to work out the rate of ABSTUDY Living Allowance (plus Rent Assistance, Remote Area Allowance and Pharmaceutical Allowance). Pharmaceutical Allowance means Pharmaceutical Allowance payable under the ABSTUDY Scheme. Remote Area Allowance means Remote Area Allowance payable under the ABSTUDY Scheme. Rent Assistance means Rent Assistance payable under the ABSTUDY Scheme. rent reduction amount, in relation to a person to whom a DFISA-like payment is payable, means the amount (if any) calculated under section 57.1 of the Overall Living Allowance Rate Calculator to be the appropriate: (a) income reduction (step 9); and (b) if applicable — reduction for partner income (step 11); but applying the calculation on the basis that adjusted disability pension payable is, for the purposes of the Calculator, the person’s and, if applicable, the person’s partner’s, only ordinary income. 2 Method Statement Step 1. Work out the daily provisional payment rate of ABSTUDY Living Allowance that: (a) is; or (b) apart from the operation of other steps in this method statement, would be; payable to the person on the relevant day. Step 2. Work out what would have been the daily provisional payment rate of ABSTUDY Living Allowance applying to the person on that day if both of the following assumptions were made: (a) first assumption — the adjusted disability pension payable to the eligible person, or to the person’s partner, is an excluded amount; Note This means that, in calculating this notional rate, the adjusted disability pension will not be treated as income. (b) second assumption — if an amount of Rent Assistance was included in the calculation of the daily provisional payment rate, that amount is reduced (but not to less than nil) by the rent reduction amount. Step 3. Subtracting the daily provisional payment rate under step 1 from the rate under step 2, the resulting difference is the rate of DFISA-like payment payable to the person on that day. Part 2 Method Statement 2 Note This Part applies if the primary payment is: (a) Exceptional Circumstances Relief Payment; or (b) Farm Help Income Support; or (c) Interim Income Support; or (d) Sugar Industry Reform Program 2004 – Income Support Payment. 1 Definitions In this Part: daily provisional payment rate means: (a) for primary payment that is: (i) Exceptional Circumstances Relief Payment; or (ii) Farm Help Income Support; or (iii) Interim Income Support; the fortnightly rate for the primary payment under section 24A or section 24B, as the case requires, of the Farm Household Support Act 1992, converted to a daily rate by dividing the rate by 14; and (b) for primary payment that is Sugar Industry Reform Program 2004 – Income Support Payment — the provisional fortnightly payment rate mentioned in Benefit Rate Calculator B used under the Social Security Act 1991 to work out the primary payment, converted to a daily rate by dividing the rate by 14. excluded amount has the meaning given by section 118NA of the Act. 2 Method Statement Step 1. Work out the daily provisional payment rate for the primary payment that: (a) is; or (b) apart from the operation of other steps in this method statement, would be; payable to the person on the relevant day. Step 2. Work out what would have been the daily provisional payment rate for the primary payment applying to the person on that day if the adjusted disability pension payable to the person, or the person’s partner, on that day were an excluded amount. Note This means that, in calculating this notional rate, the adjusted disability pension will not be treated as income. Step 3. Subtracting the daily provisional payment rate under step 1 from the rate under step 2, the resulting difference is the rate of DFISA-like payment payable to the person on that day. Note
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