ComLaw Act Compilations - Attachment - Veterans' Entitlements Act 1986

Part VI—Allowances and other benefits

Division 1—Preliminary

94 Interpretation

96 Application

Division 2—Eligibility for allowances and other benefits

97 Clothing allowance

98 Attendant allowance

98A Bereavement payment in respect of disabled veterans

98B Funeral benefits—automatic grant to estate of certain deceased veterans

99 Further funeral benefits—veterans

100 Funeral benefits—dependants of deceased veterans

102 Decoration allowance

103 Victoria Cross allowance

104 Recreation transport allowance

105 Vehicle assistance scheme

106 Special assistance

107 Temporary incapacity allowance

108 Loss of earnings allowance

109 Advances on account of loss of earnings allowance

110 Travelling expenses

Division 3—Procedural

111 Application

112 Time for applying for certain benefits

113 Time for applying for funeral benefit

114 Commencement of payment of certain allowances

115 Review of decision etc.

Part VIA—Rehabilitation

Division 1—Preliminary

115A Definitions

115B Making of the Scheme

Division 2—Provisions relating to the income of veterans who participate in vocational rehabilitation programs

115C Rate of pension while on program

115D Reduced daily pension amount—pensions under Parts II and IV

115E Application for increase in reduced daily pension amount

115F Determination by the Commission

115G Excluded income amount—invalidity service pensions

Division 3—Recovery of cost of rehabilitation

115H Recovery of cost of rehabilitation

115J Where a person receives a notice under subsection 115H(6)

115K Recovery of amount by the Commonwealth

115L Determination of amount of costs of rehabilitation programs

Part VII—Veterans’ Children Education Scheme

116 Interpretation

116A Determination of class of persons for the purposes of paragraph (e) of the definition of eligible child in subsection 116(1)

116B Person may apply for determination under subsection 116C(2)

116C Commission may determine that a person is a member of a class determined under section 116A

116D Review of Commission’s decision under subsection 116C(1)

117 Preparation of the Scheme

118 Commission may provide benefits under Scheme

Part VIIAA—Education entry payment

118AA Eligibility

118AAB Need for a claim

118AAC Entitlement to and amount of payment

118AAD Payment to be refunded

Part VIIA—Pharmaceutical allowance and advance pharmaceutical allowance

Division 1—Pharmaceutical allowance

Subdivision A—Eligibility for and payability of pharmaceutical allowance

118A Eligibility for pharmaceutical allowance

118B Pharmaceutical allowance not payable in some circumstances

Subdivision B—Rate of pharmaceutical allowance

118C Rate of pharmaceutical allowance

118D No pharmaceutical allowance if annual limit reached

Subdivision C—Payment of pharmaceutical allowance

118E Payment of pharmaceutical allowance

Division 2—Advance pharmaceutical allowance

Subdivision A—Eligibility for and payability of advance pharmaceutical allowance

118F Eligibility for advance pharmaceutical allowance

Subdivision B—Claim for advance pharmaceutical allowance

118G Need for a claim

118H Who can claim?

118I Making a claim

118K Proper claim

Subdivision C—Amount of advance pharmaceutical allowance

118L Amount of advance pharmaceutical allowance

118M Annual limit

Part VIIAB—Defence Force Income Support Allowance and related payments

Division 1—Introduction

118N Simplified outline

118NA Definitions

Division 2—Defence Force Income Support Allowance

Subdivision A—Payment of Defence Force Income Support Allowance

118NB Payment of Defence Force Income Support Allowance

Subdivision B—Rate of Defence Force Income Support Allowance

118NC Rate of Defence Force Income Support Allowance

Subdivision C—Special rules for the Social Security Act

118ND Bereavement payments under the Social Security Act

118NE Remote Area Allowance under the Social Security Act

Division 3—DFISA bonus

Subdivision A—Payment of DFISA bonus

118NF Payment of DFISA bonus

118NG When DFISA bonus is to be paid

118NH Payment of bonus after death

Subdivision B—Amount of DFISA bonus

118NI Amount of DFISA bonus

Division 4—DFISA‑like payments etc. under regulations

118NJ DFISA‑like payments etc. under regulations

Part VIIAC—Utilities allowance

Division 1—Eligibility for and payability of utilities allowance

118O Definition

118OA Eligibility for utilities allowance

118OB When utilities allowance is payable

Division 2—Rate of utilities allowance

118OC Rate of utilities allowance

Division 3—Payment of utilities allowance

118OD Payment of utilities allowance by instalments

Part VIIAD—Seniors concession allowance

Division 1—Eligibility for and payability of seniors concession allowance

118P Definition

118PA Eligibility for seniors concession allowance

118PB When seniors concession allowance is payable

Division 2—Rate of seniors concession allowance

118PC Rate of seniors concession allowance

Division 3—Payment of seniors concession allowance

118PD Payment of seniors concession allowance by instalments

Part VIIB—Telephone allowance

Division 1—Eligibility for and payability of telephone allowance

118Q Eligibility for telephone allowance

118R Telephone allowance not payable in some circumstances

Division 2—Rate of telephone allowance

118S Rate of telephone allowance

Division 3—Payment of telephone allowance

118T Payment by instalments

118U Calculation of amount of instalment

Part VIIC—Seniors health card

Division 1—Eligibility for and entitlement to a seniors health card

Subdivision A—Eligibility

118V Eligibility for seniors health card

Subdivision B—Entitlement

118W Entitlement to a seniors health card

118X Social Security cardholder not entitled

Division 2—Claim for seniors health card

118Y Need for a claim

118Z Who can claim?

118ZA Making a claim

118ZC Claimant must be an Australian resident and in Australia

118ZD Claim may be withdrawn

Division 3—Investigation of claim

118ZE Secretary to investigate claim and submit it to Commission

Division 4—Consideration and determination of claim

118ZF Duties of Commission in relation to claim

118ZG Entitlement determination

118ZH Date of effect of determination

Division 5—Cardholder’s obligations

118ZI Secretary may require notice of the happening of event or a change in circumstances

118ZJ Secretary may require particular information relevant to eligibility for seniors health card

118ZJA When copy of notice of assessment of taxable income to be given to Department

Division 6—Continuation, variation and termination

118ZK Continuing effect of determination

118ZL Person ceases to be entitled to card automatically—recipient complying with section 118ZI notification obligations

118ZM Person ceases to be entitled to card automatically—recipient not complying with section 118ZI notification obligations

118ZN Determination that a person ceases to be entitled to a seniors health card

118ZO Person may cease to be entitled to a seniors health card for failure to comply with section 118ZJ notice

118ZP Resumption of entitlement

118ZQ Date of effect of favourable determination

118ZR Date of effect of adverse determination

Division 7—Review of decisions

118ZS Review of certain decisions

118ZT Application for review

118ZU Commission’s powers where request for review

118ZV Date of effect of certain review decisions

118ZW Commission must make written record of review decision and reasons

118ZX Person who requested review to be notified of decision

118ZY Powers of Commission to gather evidence

118ZZ Withdrawal of request for review

Division 8—Seniors Health Card Income Test Calculator

118ZZA Seniors Health Card Income Test Calculator

Part VIID—2006 one‑off payment to older Australians

118ZZB 2006 one‑off payment to older Australians

118ZZC Amount of the one‑off payment

118ZZD Claim not required for 2006 one‑off payment to older Australians

118ZZE Payment of 2006 one‑off payment to older Australians

118ZZF Debts arising in respect of 2006 one‑off payment to older Australians

Part VIII—General provisions applicable to pensions etc.

119 Commission not bound by technicalities

120 Standard of proof

120A Reasonableness of hypothesis to be assessed by reference to Statement of Principles

120B Reasonable satisfaction to be assessed in certain cases by reference to Statement of Principles

121 Instalments of pension

122 Payment of pension

122A Pension or allowance may be paid to bank etc.

122B Direct deductions at person’s request

122C Payment of DFISA outside Australia

122D Deductions of DFISA and DFISA bonus paid to Commissioner of Taxation

123 Interpretation

123A Payment of pension etc. on death of person

123B Distribution where deceased leaves valid will

123C Intestacy

123D Statutory order of distribution

123E Non‑distributable amounts

124 Termination of pension

125 Pensions etc. absolutely inalienable

126 Death of claimant

126A Death of a person who has not made a formal claim etc.

127 Power to obtain information

128 Secretary may obtain information etc.

128A Provision of tax file numbers

129 Self‑incrimination

130 Furnishing of information

131 Interpretation

132 Payment of travelling expenses in certain cases

132A Advance of travelling expenses

Part IX—Veterans’ Review Board

Division 1—Preliminary

133 Interpretation

Division 2—Continuance of Veterans’ Review Board

134 Continuance of Veterans’ Review Board

Division 3—Review by the Board of decisions

135 Review of decisions in respect of pensions and attendant allowances

136 Application for review

137 Secretary to prepare report

138 Board not bound by technicalities etc.

139 Decision of Board

140 Statements of decisions of the Board etc.

140A Correction of errors in decisions or statements of reasons

Division 4—Organization of the Board

141 Constitution of Board for exercise of powers

142 Principal Member responsible for arrangement of business

143 Members to constitute Board

144 Member ceasing to be member etc.

145 Places of sitting

Division 5—Proceedings before the Board

146 Principal Member or Senior Member to preside at hearing

147 Parties to review before Board

148 Procedure of Board

149 Questions to be decided by majority of Board

150 Hearing to be in private except in special circumstances

151 Powers of Board

152 Request to Secretary for documents etc.

153 Information may be made available to parties

154 Period of operation of certain decisions of Board

155 Withdrawal of application

155AA Power to dismiss application—initial consideration

155AB Power to dismiss application—subsequent consideration

155AC Representation of applicant where outcome could be dismissal of application

155A Review by Administrative Appeals Tribunal

Division 6—Date of operation of decisions of Board

156 Date of operation of decision by Board

157 Dates that may be specified

Division 7—Membership of the Board

158 Appointment of members of Board

159 Terms of appointment

160 Remuneration and allowances of members

161 Acting members

162 Leave of absence

163 Resignation

164 Removal from office

165 Disclosure of interests

Division 8—Miscellaneous

166 Delegation

167 Protection of members and witnesses

168 Failure of witness to attend

169 Refusal to be sworn or to answer questions etc.

170 Contempt of Board

170A Medical expenses

170B Travelling expenses for obtaining medical evidence

170C Advance of travelling expenses

171 Fees for witnesses

172 Staff to assist Board

173 Oath or affirmation of office

Part X—Review of decisions by Administrative Appeals Tribunal

174 Interpretation

175 Applications for review

176 Application of Administrative Appeals Tribunal Act

177 Effective dates of certain determinations relating to payment of pension or seniors health card

178 Period of operation of certain decisions of Administrative Appeals Tribunal

Part XI—The Repatriation Commission

Division 1—Establishment, functions and powers

179 Continuance of Commission

180 Functions of Commission

180A Determination by Commission

181 Powers of Commission

Division 2—Constitution and meetings of Commission

182 Membership of the Commission

183 President and Deputy President

184 Appointment of Secretary as a Commissioner and President

185 Remuneration and allowances

186 Leave of absence

187 Resignation

188 Termination of appointment

189 Commissioner to disclose any interest in claims for pensions etc.

190 Commissioner to disclose other interests

191 Acting commissioners

192 Acting President or Deputy President

193 Appointment to act as President and also Secretary

Part XIA—The Repatriation Medical Authority

Division 1—Establishment, functions and powers

196A Establishment of Authority

196B Functions of Authority

196C Powers of Authority with respect to investigations

196CA Authority not required to investigate certain requests

196CB Authority may consolidate requests

196D Disallowable instrument

196E Request for an investigation, review etc.

196F Submissions to the Authority

196G Notice of investigation

196H Copyright in submissions

196I Access to information

196J Notice of decision not to make etc. Statement of Principles

196K Repatriation Medical Authority to send information to Review Council

196KA Definitions for the purposes of the MRCA

Division 2—Constitution and meetings

196L Membership

196M Qualifications

196N Tenure of office

196O Resignation

196P Termination of appointment

196Q Acting Chairperson

196R Meetings

196S Remuneration and allowances

Division 3—Staff and consultants

196T Staff

196U Consultants

Part XIB—The Specialist Medical Review Council

Division 1—Establishment and functions

196V Establishment of Council

196W Functions of Review Council

196X Notification of decision of Review Council to be notified in Gazette

196Y Request for review of contents of Statement of Principles etc.

196Z Request for review of decision of Repatriation Medical Authority not to carry out an investigation

196ZA Submissions to Review Council

196ZB Notice of investigation

196ZC Copyright in submissions

196ZD Access to information

Division 2—Constitution and meetings

196ZE Membership

196ZF Qualifications

196ZG Tenure of office

196ZH Resignation

196ZI Termination of appointment

196ZJ Acting Convener

196ZK Conduct of reviews

196ZL Remuneration and allowances

Division 3—Staff

196ZM Staff

Division 4—Payment of medical and travelling expenses

196ZN Medical expenses

196ZO Travelling expenses for obtaining medical evidence

196ZP Advance of travelling expenses

Part XII—Miscellaneous

197A Saving and transitional provisions

197 Pensions etc. not for certain members of the Defence Force

198 Variations of rates of certain pensions

198A Variation of rates of orphan’s pension

198D Variation of rates of certain allowances etc.

198E Indexation of utilities allowance and seniors concession allowance

198F Indexation of telephone allowance

198FA Indexation of Victoria Cross allowance

198G 1 July 2000 increase in certain amounts

198GA 1 July 2000 increase in rent assistance amounts

198H Adjustment of amounts following 1 July 2000 increase

198J 1 July 2000 increase in income test free area

198K 1 July 2000 increase in assets test free area

198L 1 July 2000 increase in income/assets reduction limit

198M Rounding off provisional replacement amounts

199 Appropriation

200 Commission may accept contributions

201 Commission may administer trusts

202 Trustees for pensioners

202A Commission or public servant acting as trustee

202B Other person acting as trustee

203 Arrangements with Governments of other countries

205 Recovery of overpayments

205AAA Notices in respect of debt

205AAB Interest on debt

205AAC Determination that interest not to be payable

205AAD Administrative charge

205AAE Penalty interest rate

205AA Recovery of overpayment by deduction from other pension, benefit or allowance

205AB Recovery of certain amounts from financial institutions

205A Commission may take action in relation to money owing to pensioners

205B Certain decisions of Commission reviewable under Social Security Act etc.

206 Waiver etc. of debts

208 Offences

209 Multiple offences

210 Judicial notice to be taken of certain matters

210A Evidence

211 Order for repayment of pension etc.

212 Delegation by Minister

213 Delegation by Commission

214 Delegation by Secretary

214A Telephone access to offices at cheap rate

215 Annual report

216 Regulations