Veterans’ Affairs Legislation Amendment Act (No. 1) 1999
No. 171, 1999
Veterans’ Affairs Legislation Amendment Act (No. 1) 1999
No. 171, 1999
An Act to amend the Veterans’ Entitlements Act 1986 and other legislation, and for related purposes
Contents
1............ Short title............................................................................................ 1
2............ Commencement.................................................................................. 1
3............ Schedule(s).......................................................................................... 2
4............ Regulations......................................................................................... 2
Schedule 1—Amendments relating to invalidity service pension and income support supplement 3
Veterans’ Entitlements Act 1986 3
Schedule 2—Amendments relating to the treatment of veterans 6
Veterans’ Entitlements Act 1986 6
Schedule 3—Amendments relating to the Veterans’ Children Education Scheme 7
Veterans’ Entitlements Act 1986 7
Schedule 4—Amendments relating to Peacekeeping Forces 8
Veterans’ Entitlements Act 1986 8
Schedule 5—Amendments relating to home support advances 9
Defence Service Homes Act 1918 9
Schedule 6—Other amendments 14
Defence Service Homes Act 1918 14
Veterans’ Entitlements Act 1986 14
Veterans’ Affairs Legislation Amendment Act (No. 1) 1999
No. 171, 1999
An Act to amend the Veterans’ Entitlements Act 1986 and other legislation, and for related purposes
[Assented to 10 December 1999]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Veterans’ Affairs Legislation Amendment Act (No. 1) 1999.
2 Commencement
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) Schedules 1 and 3 commence, or are taken to have commenced, on 1 January 2000.
(3) Schedule 4 is taken to have commenced immediately after the commencement of item 132 of Schedule 1 to the Veterans’ Affairs Legislation Amendment (Budget and Compensation Measures) Act 1997.
(4) Items 6 and 7 of Schedule 6 are taken to have commenced immediately after the commencement of item 126 of Schedule 1 to the Veterans’ Affairs Legislation Amendment (Budget and Compensation Measures) Act 1997.
(5) Item 8 of Schedule 6 is taken to have commenced immediately after the commencement of section 7 of the Veterans’ Affairs Legislation Amendment Act (No. 2) 1994.
(6) Items 9 to 13 of Schedule 6 are taken to have commenced immediately after the commencement of section 67 of the Veterans’ Affairs Legislation Amendment Act 1990.
3 Schedule(s)
Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
4 Regulations
The Governor‑General may make regulations providing for matters of a transitional nature (including providing for any saving or application provision) arising out of amendments of the Veterans’ Entitlements Act 1986 made by this Act.
Schedule 1—Amendments relating to invalidity service pension and income support supplement
Veterans’ Entitlements Act 1986
1 Paragraph 37(1)(c)
Repeal the paragraph, substitute:
(c) is permanently incapacitated for work in accordance with a determination under section 37AA.
2 Subsection 37(2)
Repeal the subsection.
3 After section 37
Insert:
37AA Commission must determine circumstances in which persons are permanently incapacitated for work
(1) The Commission must, by written determination, specify the circumstances in which persons are permanently incapacitated for work for the purposes of paragraph 37(1)(c).
Variation or revocation
(2) The Commission may, by written determination, vary or revoke a determination under subsection (1).
Disallowable instrument
(3) A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
4 Subparagraph 45A(1)(b)(iii)
Repeal the subparagraph, substitute:
(iii) is permanently incapacitated for work in accordance with a determination under section 45AA; or
5 Subsection 45A(3)
Repeal the subsection.
6 After section 45A
Insert:
45AA Commission must determine circumstances in which persons are permanently incapacitated for work
(1) The Commission must, by written determination, specify the circumstances in which persons are permanently incapacitated for work for the purposes of subparagraph 45A(1)(b)(iii).
Variation or revocation
(2) The Commission may, by written determination, vary or revoke a determination under subsection (1).
Disallowable instrument
(3) A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
7 At the end of section 53A
Add:
(2) If:
(a) a person is receiving an invalidity service pension; and
(b) the person ceases to be eligible for that pension because the person ceases to be permanently incapacitated for work; and
(c) the circumstances in which the person ceases to be permanently incapacitated for work are continued fringe benefits eligibility circumstances in accordance with a determination under section 53B;
the person remains eligible for fringe benefits for the shorter of the following periods:
(d) the period those continued fringe benefits eligibility circumstances continue to exist;
(e) the period of 12 months beginning on the day the person ceased to be eligible for that pension.
8 After section 53A
Insert:
53B Commission must determine continued fringe benefits eligibility circumstances
(1) The Commission must, by written determination, state that specified circumstances in which persons cease to be permanently incapacitated for work are continued fringe benefits eligibility circumstances for the purposes of subsection 53A(2).
Variation or revocation
(2) The Commission may, by written determination, vary or revoke a determination under subsection (1).
Disallowable instrument
(3) A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Schedule 2—Amendments relating to the treatment of veterans
Veterans’ Entitlements Act 1986
1 After section 88
Insert:
88A Commission may determine specified veterans are eligible to be provided with specified treatment
(1) The Commission may, by written determination, state that a veteran included in a specified class is eligible to be provided with treatment of a specified kind under this Part.
Variation or revocation
(2) The Commission may, by written determination, vary or revoke a determination under subsection (1).
Disallowable instrument
(3) A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
2 Subsection 90(8)
Omit “87 or 88”, substitute “87, 88 or 88A”.
Schedule 3—Amendments relating to the Veterans’ Children Education Scheme
Veterans’ Entitlements Act 1986
1 Subsection 116(1) (paragraph (b) of the definition of eligible child of a member of the Forces, or of a member of a Peacekeeping Force)
Repeal the paragraph, substitute:
(b) a child of a member of the Forces, or of a member of a Peacekeeping Force, being a member:
(i) to whom subsection 22(4) or section 24 applies; or
(ii) who is in receipt of a pension under Part IV in respect of incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1).
2 Subsection 116(1) (paragraph (b) of the definition of eligible child of a veteran)
Repeal the paragraph, substitute:
(b) a child of a veteran, being a veteran:
(i) to whom subsection 22(4) or section 24 applies; or
(ii) who is in receipt of a pension under Part II in respect of incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1); or
Schedule 4—Amendments relating to Peacekeeping Forces
Veterans’ Entitlements Act 1986
1 Subsection 68(1) (definition of Peacekeeping Force)
Repeal the definition, substitute:
Peacekeeping Force means:
(a) a Peacekeeping Force described in an item of Schedule 3; or
(b) a force raised or organised for the purpose of:
(i) peacekeeping in an area outside Australia; or
(ii) observing or monitoring any activities of persons in an area outside Australia that may lead to an outbreak of hostilities;
being a force that is designated by the Minister, by notice published in the Gazette, as a Peacekeeping Force for the purposes of this Part.
2 After subsection 68(3)
Insert:
(3A) A force designated by notice published in the Gazette, in accordance with paragraph (b) of the definition of Peacekeeping Force in subsection 68(1), as a Peacekeeping Force is taken to have become a Peacekeeping Force for the purposes of this Part on the date specified in the notice as the date on which it is to become, or is taken to have become, a Peacekeeping Force for the purposes of this Part.
Schedule 5—Amendments relating to home support advances
Defence Service Homes Act 1918
1 At the end of the title
Add “, or for other purposes”.
2 Subsection 4(1)
Insert:
eligible veteran means:
(a) a person covered by paragraph (a) of the definition of veteran in subsection 5C(1) of the Veterans’ Entitlements Act 1986; or
(b) a member of the Forces (within the meaning of subsection 68(1) of that Act); or
(c) a member of a Peacekeeping Force (within the meaning of subsection 68(1) of that Act); or
(d) a widow or widower (within the meaning of subsection 5E(1) of that Act) of a person covered by paragraph (a), (b) or (c) of this definition.
3 Subsection 4(1)
Insert:
home support advance means a subsidised advance to a person referred to in section 21A for a purpose referred to in that section.
4 Subsection 4(1) (definition of further advance)
Omit “or an advance for essential repairs”, substitute “, an advance for essential repairs or a home support advance”.
5 Subsection 16(1)
After “eligible person”, insert “or is an eligible veteran”.
6 Subsection 16(2)
After “eligible person”, insert “or eligible veteran, as the case may be”.
7 Subsection 18(6)
Omit “or an advance for essential repairs”, substitute “, an advance for essential repairs or a home support advance”.
Note: The heading to section 18 is altered by omitting “and advances for essential repairs” and substituting “, advances for essential repairs and home support advances”.
8 Section 19
After “subsidised advance”, insert “(other than a home support advance)”.
9 After section 21
Insert:
21A Criteria for issue of certificate of entitlement: home support advances
The Secretary must not issue a certificate of entitlement in relation to subsidy on a home support advance that a person may seek from the Bank unless the Secretary is satisfied that:
(a) the person is an eligible person (disregarding subsection 4(2C)) or is an eligible veteran; and
(b) either:
(i) the person is the owner of a dwelling‑house; or
(ii) the person has a right of residence in a retirement village; and
(c) the advance is for a purpose related to the dwelling‑house or the right of residence in the retirement village (other than for a purpose mentioned in paragraph 18(2)(a), (b), (c), (d), (f), (h) or (k)) that will assist the person to remain independently housed; and
(d) if a certificate of entitlement has been issued to the person in relation to an initial advance, an additional advance or a further advance—an advance has been made by the Bank in accordance with the certificate or an advance that would be in accordance with the certificate has been refused by the Bank; and
(e) if the person is liable to pay the outstanding amount of any one or more of the following:
(i) an initial advance;
(ii) an additional advance;
(iii) a further advance;
the sum of those outstanding amounts is less than $10,000; and
(f) a certificate of entitlement that relates to an initial advance, an additional advance or a further advance could not be issued to the person in respect of the application concerned.
10 Subsection 22(3)
After “section”, insert “(other than one that relates to a home support advance)”.
11 After subsection 22(3)
Insert:
(3A) A certificate of entitlement under this section that relates to a home support advance may be issued only to a proposed transferee who is an eligible person or an eligible veteran.
12 Subsection 22(6)
After “eligible person”, insert “or an eligible veteran”.
13 Paragraph 23(1)(b)
After “eligible person”, insert “or is an eligible veteran”.
14 Subparagraph 23A(2)(a)(i)
After “eligible persons”, insert “or eligible veterans”.
15 Subparagraph 23A(2)(c)(i)
After “paragraph 18(2)(l) or (3)(g)”, insert “or 21A(c)”.
16 Paragraph 23A(5)(a)
Repeal the paragraph, substitute:
(a) specify the maximum amount in respect of which subsidy is payable, being the amount specified under paragraph 17(3)(a) in the certificate of entitlement mentioned in paragraph (2)(c) of this section.
17 At the end of subsection 25(1)
Add:
; or (e) in the case of a home support advance—such amount as the Secretary determines is necessary to give effect to the purpose for which the advance is made, being an amount that is not more than:
(i) if no previous home support advances have been made to the person—$10,000; or
(ii) if any previous home support advances have been made to the person—$10,000 reduced by the sum of those previous advances.
18 After section 35
Insert:
35AAA Rate of interest on home support advance
The rate of interest that must be specified under paragraph 17(3)(d) in a certificate of entitlement in relation to a home support advance that a person may seek from the Bank is 6.85% per year.
19 Paragraph 36(1)(a)
After “initial advance”, insert “or of a home support advance”.
20 Paragraph 38C(1)(ga)
After “eligible person”, insert “or an eligible veteran”.
21 Subparagraph 38E(1)(a)(iii)
After “eligible person”, insert “or an eligible veteran”.
22 Subsection 38E(4)
Omit “If subparagraph (1)(a)(iii) applies, and the person who died”, substitute “If this section applies where an eligible person dies, and the person”.
23 At the end of section 38E
Add:
(5) If this section applies where an eligible veteran dies, and he or she is survived by a widow or widower (within the meaning of subsection 5E(1) of the Veterans’ Entitlements Act 1986), the Secretary must not give a notice under paragraph (2)(b) in relation to the dwelling‑house.
Schedule 6—Other amendments
Defence Service Homes Act 1918
1 Subsection 4D(2)
Omit “23A(2)”, substitute “23AA(2)”.
2 Section 23A (second occurring)
Renumber as section 23AA.
3 Section 23E
Omit “23A”, substitute “23AA”.
4 Subsection 23G(1)
Omit “23A”, substitute “23AA”.
5 Subsections 23J(1) and (2)
Omit “23A”, substitute “23AA”.
Veterans’ Entitlements Act 1986
6 Subsection 37(2A)
Repeal the subsection.
7 Before section 37A
Insert:
37AAA Continued eligibility for invalidity service pension if person undertaking a rehabilitation program etc.
If:
(a) a person is receiving an invalidity service pension; and
(b) the person ceases to be permanently incapacitated for work while, or as a result of, undertaking a rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme;
the person does not cease to be eligible for the invalidity service pension from the time at which the person ceases to be permanently incapacitated for work until the end of the period of 5 years mentioned in subsection 115G(2).
8 Subsection 37E(1)
Repeal the subsection, substitute:
(1) A veteran may not claim an invalidity service pension if he has turned 65 or she has reached pension age (within the meaning of subsections 5QB(3), (4) and (5)).
9 Subsection 116(1) (at the end of subparagraph (a)(i) of the definition of eligible child of a member of the Forces, or of a member of a Peacekeeping Force)
Add “or”.
10 Subsection 116(1) (subparagraph (a)(ii) of the definition of eligible child of a member of the Forces, or of a member of a Peacekeeping Force)
Repeal the subparagraph, substitute:
(ii) who was, immediately before his or her death, a member to whom subsection 22(4) or section 24 applied; or
11 Subsection 116(1) (at the end of subparagraph (a)(i) of the definition of eligible child of a veteran)
Add “or”.
12 Subsection 116(1) (subparagraph (a)(ii) of the definition of eligible child of a veteran)
Repeal the subparagraph, substitute:
(ii) who was, immediately before his or her death, a veteran to whom subsection 22(4) or section 24 applied; or
13 Subsections 116(2) and (3)
Repeal the subsections, substitute:
(2) If, after the death of a member of the Forces, or of a member of a Peacekeeping Force, a pension is granted in respect of the member under Part IV, or the rate of the pension granted to the member under Part IV is increased, as from a date before the death of the member in circumstances where:
(a) subsection 22(4) or section 24 applied to the member; or
(b) the member was suffering from an incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1);
then, the member is taken, for the purposes of the definition of eligible child of a member of the Forces, or of a member of a Peacekeeping Force in subsection (1), to have been:
(c) if paragraph (a) applies—a member to whom subsection 22(4) or section 24 applied immediately before his or her death; or
(d) if paragraph (b) applies—in receipt of that pension or of pension at that increased rate, as the case may be, immediately before his or her death.
(3) If, after the death of a veteran, a pension is granted in respect of the veteran under Part II, or the rate of the pension granted to the veteran under Part II is increased, as from a date before the death of the veteran in circumstances where:
(a) subsection 22(4) or section 24 applied to the veteran; or
(b) the veteran was suffering from an incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1);
then, the veteran is taken, for the purposes of the definition of eligible child of a veteran in subsection (1), to have been:
(c) if paragraph (a) applies—a veteran to whom subsection 22(4) or section 24 applied immediately before his or her death; or
(d) if paragraph (b) applies—in receipt of that pension or of pension at that increased rate, as the case may be, immediately before his or her death.
[Minister’s second reading speech made in—
House of Representatives on 30 June 1999
Senate on 20 September 1999]
(152/99)
