Part VI—Allowances and other benefits
In this Part, unless the contrary intention appears:
(a) a reference to a hospital or other institution shall be read as including a reference to a home, a hostel, a medical centre, an out‑patient clinic and a rehabilitation or training establishment; and
(b) treatment has the same meaning as it has in Part V.
(1) Without prejudice to its effect apart from this section, this Part has effect in relation to a person who is, or has been:
(a) a member of the Forces as defined by subsection 68(1); or
(b) a member of a Peacekeeping Force as defined by subsection 68(1);
and in relation to a dependant of such a person who has died, in like manner as it has effect in relation to a veteran and a dependant of a deceased veteran, respectively.
(2) For the purpose only of applying this Part as provided in subsection (1):
(a) a reference in this Part to a veteran shall be read as a reference to a member of the Forces, or a member of a Peacekeeping Force, as defined by subsection 68(1);
(b) a reference in this Part to a war‑caused injury shall be read as a reference to a defence‑caused injury;
(c) a reference in this Part to a war‑caused disease shall be read as a reference to a defence‑caused disease;
(d) a reference in this Part to the death of a veteran that was war‑caused shall be read as a reference to the death of a member of the Forces, or a member of a Peacekeeping Force, as defined by subsection 68(1), that was defence‑caused;
(e) a reference in this Part to a pension under Part II shall be read as a reference to a pension under Part IV;
(f) the references in subparagraph 102(1)(b)(ii) and subsections 107(5) and (6) and 108(8) and (9) to section 26 shall be read as references to section 26 (in its application to pensions under Part IV) or subsection 74(8); and
(g) a reference in this Part to a claim or application under Part II shall be read as a reference to a claim or application made under section 14 or 15, in its application to pensions under Part IV.
Division 2—Eligibility for allowances and other benefits
(1) Where a veteran is being paid a pension under Part II in respect of incapacity from a war‑caused injury or a war‑caused disease of a kind described in column 1 of the following table, the Commission may grant to the veteran an allowance, called clothing allowance, at the rate specified in column 2 of that table opposite to the description of that kind of incapacity in column 1:
|
Column 1 |
Column 2 |
|
Kinds of incapacity |
Rate per fortnight |
|
1. One leg and one arm amputated |
7.20 |
|
2. One leg or one arm amputated |
3.30 |
|
3. Both legs or both arms amputated |
4.60 |
|
4. One leg amputated, causing essential hip disarticulation |
4.60 |
|
5. Blinded in both eyes |
3.30 |
(2) Where the Commission is satisfied that it is necessary for a veteran who is being paid a clothing allowance under subsection (1) by reason of a kind of incapacity described in item 2, 3 or 4 (in column 1) of the table in subsection (1) to use a crutch or crutches in addition to any artificial aid, that subsection has effect as if the rate specified in that item (in column 2) were an amount per fortnight equal to the amount specified in item 1 (in column 2) of that table.
(3) Where:
(a) a veteran is being paid a pension under Part II in respect of incapacity from a war‑caused injury or a war‑caused disease of a kind other than a kind described in column 1 of the table in subsection (1); and
(b) exceptional wear and tear, or exceptional damage, to the clothing of the veteran occurs by reason of the kind of incapacity from which the veteran is suffering;
the Commission may grant to the veteran a clothing allowance at such rate, not exceeding an amount per fortnight equal to the amount specified in item 2 (in column 2) of that table, as the Commission deems fit.
(4) Where a veteran is granted a clothing allowance under subsection (1) and is also granted a clothing allowance under subsection (3), clothing allowance shall be paid to the veteran at a rate per fortnight equal to the sum of:
(a) the rate per fortnight at which the allowance was granted under subsection (1); and
(b) the rate per fortnight at which the allowance was granted under subsection (3).
(5) For the purpose of this section:
(a) amputation of a hand of a veteran shall be treated as amputation of an arm of the veteran; and
(b) amputation of a foot of a veteran shall be treated as amputation of a leg of the veteran.
(6) Clothing allowance may be paid to a veteran by fortnightly instalments, or in such other manner as is determined by the Commission, but the amount, or sum of the amounts, of clothing allowance paid to a veteran in any period of 12 consecutive months shall not exceed an amount equal to the sum of 26 fortnightly instalments.
(1) Where a veteran is being paid a pension under Part II in respect of incapacity from a war‑caused injury or a war‑caused disease of a kind described in column 1 of the following table, the Commission may grant to the veteran an allowance, called attendant allowance, at the rate specified in column 2 of that table opposite to the description of that kind of incapacity in column 1, for or towards the cost of the services of an attendant to assist the veteran:
|
Column 1 |
Column 2 |
|
Kinds of incapacity |
Rate per fortnight |
|
1. Blinded in both eyes |
84.30 |
|
2. Blinded in both eyes together with total loss of speech or total deafness |
168.60 |
|
3. Both arms amputated |
168.60 |
|
4. Both legs amputated and one arm amputated |
84.30 |
|
5. Both legs amputated at the hip or one leg amputated at the hip and the other leg amputated in the upper third |
84.30 |
(2) Where:
(a) a veteran is being paid a pension under Part II in respect of incapacity:
(i) from a war‑caused injury or a war‑caused disease affecting the cerebro‑spinal system; or
(ii) from a war‑caused injury or a war‑caused disease that has caused a condition similar in effect or severity to an injury or disease affecting the cerebro‑spinal system; and
(b) the Commission is of the opinion that the veteran has a need for the services of an attendant to assist the veteran;
the Commission may grant to the veteran an allowance, called attendant allowance, at the rate of an amount per fortnight equal to the amount specified in item 1 (in column 2) of the table in subsection (1), for or towards the cost of the services of an attendant to assist the veteran.
(3) For the purposes of the application of the table in subsection (1) to and in relation to a veteran, a leg, foot, hand or arm that has been rendered permanently and wholly useless shall be treated as having been amputated.
(4) Where a veteran is cared for, at public expense, in a hospital or other institution, attendant allowance is not payable to the veteran in respect of the period commencing on the day of the first pension period occurring after the veteran commences to be so cared for and ending on the day on which the veteran ceases to be so cared for.
(4B) Attendant allowance is not payable to a veteran if carer payment under Part 2.5 of the Social Security Act:
(a) is payable to a person because the person is caring for the veteran; or
(b) would be payable to a person because the person is caring for the veteran, apart from action taken in relation to that pension:
(i) under section 231 or 231A (cancellation or suspension) of that Act because the person has contravened a provision of that Act (other than section 233, 1304 or 1305); or
(ii) under section 1231 or 1234A (deductions to recover debts and overpayments) of that Act.
(5) Where the Commission makes a decision with respect to an application for attendant allowance under this section, section 34 applies to and in relation to the decision in like manner as it applies to and in relation to a decision with respect to a claim for pension in accordance with section 14.
98A Bereavement payment in respect of disabled veterans
(1) This section applies where a veteran dies if the veteran was, immediately before his or her death:
(a) a member of a couple; and
(b) receiving a disability pension.
(2) The widow or widower of the deceased veteran is entitled, in respect of the period of 12 weeks after the deceased veteran’s death, to payments at:
(a) if the deceased veteran was, immediately before his or her death, in receipt of the disability pension at a rate under subsection 22(4), 23(4), (5) or (6) or 24(4), (5) or (6)—the rate at which the disability pension would have been payable to him or her, if he or she had not died, on the first available pension pay day after the Commission becomes aware of the death; or
(b) in any other case—the lower of the following:
(i) the rate at which the disability pension would have been payable to the deceased veteran, if he or she had not died, on the first available pension pay day after the Commission becomes aware of the death;
(ii) the general rate in force on that pension pay day.
(3) Where:
(a) the widow or widower dies within 12 weeks after the death of the deceased veteran; and
(b) the Commission has not become aware of the death of the deceased veteran before the death of the widow or widower;
there is payable, to such person as the Commission thinks appropriate, in respect of the deceased veteran, an amount worked out using the formula:
where:
deceased veteran’s amount means:
(a) if the deceased veteran was, immediately before his or her death, in receipt of the disability pension at a rate under subsection 22(4), 23(4), (5) or (6) or 24(4), (5) or (6)—the amount of the disability pension that would have been payable to him or her, if he or she had not died, on the first available pension pay day after the death of the widow or the widower; or
(b) in any other case—the lower of the following:
(i) the amount of the disability pension that would have been payable to the deceased veteran, if he or she had not died, on the first available pension pay day after the death of the widow or the widower;
(ii) the amount that would have been payable to the deceased veteran, if he or she had not died, on the first available pension pay day after the death of the widow or widower, at the general rate in force on that pension pay day.
(4) Subsection (2) does not apply:
(a) if the Commission does not become aware of the veteran’s death until after the death of the widow or widower; or
(b) in respect of any pension pay day after the death of the widow or widower.
(5) Where:
(a) within the period of 12 weeks after the death of a veteran, an amount to which the veteran would have been entitled if he or she had not died has been paid by way of a disability pension into an account with a bank; and
(b) this section applies in relation to the death of the veteran; and
(c) the bank pays to the widow or widower of the deceased veteran, out of that account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (a);
then, in spite of anything in any other law, the bank is not liable to the Commonwealth, the personal representative of the deceased veteran, or anyone else, for any loss incurred because of the payment of that money to the widow or widower.
(6) In this section:
disability pension means a pension under Part II or IV, other than a pension payable to a person as a dependant of a deceased veteran.
first available pension pay day, in relation to the death of a veteran, means the first pension pay day after the Commission becomes aware of the death for which it is practicable to terminate or adjust the payments being made by way of disability pension in respect of the deceased veteran.
98B Funeral benefits—automatic grant to estate of certain deceased veterans
(1) The Commission is to grant a benefit (funeral benefit) to the estate of a deceased veteran if, immediately before the veteran died:
(a) he or she was being paid a pension under Part II at the rate specified in subsection 22(4); or
(b) he or she was being paid a pension under Part II as a veteran to whom section 24 applied; or
(c) he or she was being paid a pension under Part II at a rate that had been increased under section 27 because the veteran was incapacitated from a war‑caused injury or a war‑caused disease of a kind described in any of items 1 to 8 of the Table in subsection 27(1); or
(d) the Commission was satisfied that the veteran had, before the MRCA commencement date, been made a prisoner of war at a time when the veteran was rendering operational service.
(2) The amount of the funeral benefit is $1,000.
99 Further funeral benefits—veterans
(1) The Commission may grant a benefit, called a funeral benefit, towards the funeral expenses incurred in respect of the funeral of:
(a) a veteran whose death was war‑caused;
(d) a veteran who has died in indigent circumstances; or
(e) subject to subsection (3), a veteran who has died:
(i) in an institution;
(ii) while travelling to or from an institution;
(iii) after having been discharged from an institution in which the veteran was being treated for a terminal illness; or
(iv) while being treated for a terminal illness at the veteran’s home instead of at an institution.
Note: See sections 111 and 113 for the making of an application for a funeral benefit under this subsection.
(2) The Commission may grant a benefit (funeral benefit) towards the funeral expenses incurred in respect of the funeral of a veteran if, after the death of the veteran:
(a) a pension is granted to the veteran that is determined to be payable, from a date before the veteran’s death:
(i) at a rate that is worked out under subsection 22(4); or
(ii) at a rate that is worked out under section 24; or
(iii) at a rate that is worked out under section 27 because the veteran was suffering from incapacity from a war‑caused injury or a war‑caused disease of a kind described in any of items 1 to 8 of the Table in subsection 27(1); or
(b) the rate of a pension that was payable to the veteran under Part II is increased, as from a date before the veteran’s death because:
(i) subsection 22(4) or section 24 applied to the veteran as from that date; or
(ii) section 27 applied to the veteran as from that date because of incapacity from a war‑caused injury or a war‑caused disease of a kind described in any of items 1 to 8 of the Table in subsection 27(1); or
(c) information is received which satisfies the Commission that the veteran was, before the MRCA commencement date, made a prisoner of war at a time when the veteran was rendering operational service.
Note: See sections 111 and 113 for the making of an application for a funeral benefit under this subsection.
(3) A funeral benefit must not to be granted under paragraph (1)(e) unless:
(a) if subparagraph (1)(e)(i) or (ii) applies—treatment is or was provided in the institution; and
(b) in any case—the treatment is or was arranged:
(i) by the Commission under Part V of this Act; or
(ii) by the Military Rehabilitation and Compensation Commission under Chapter 6 of the MRCA.
(3A) A funeral benefit is not to be granted under subsection (2) in respect of a veteran if a funeral benefit has been granted to his or her estate under section 98B.
(4) A funeral benefit under this section in respect of a deceased veteran consists of:
(a) a sum of $1,000 or an amount equal to the amount paid or payable in respect of the funeral of the deceased veteran, whichever is less; and
(b) subject to subsection (5), if:
(i) the veteran died at a place other than the veteran’s ordinary place of residence; and
(ii) the veteran was absent from the veteran’s ordinary place of residence for the purpose of obtaining medical treatment; and
(iii) the Commission or the Military Rehabilitation and Compensation Commission arranged for the provision of the treatment; and
(iv) a charge was made by the funeral director expressly for transporting the body of the deceased veteran from the place where the veteran died to the place where the veteran ordinarily resided immediately before the veteran died;
a sum equal to a reasonable charge for so transporting the body of the deceased veteran.
(5) Paragraph (4)(b) does not apply to a charge made by a funeral director for transporting the body of the deceased veteran:
(a) outside Australia; or
(b) from one place in the metropolitan area of a capital city to another place in the metropolitan area of that city.
(6) For the purposes of subparagraph (4)(b)(ii), but without limiting the generality thereof, a veteran shall be deemed to be absent from the veteran’s ordinary place of residence for the purpose of obtaining medical treatment:
(a) if the veteran is travelling from his or her ordinary place of residence for the purpose of obtaining medical treatment;
(b) if the veteran is returning to his or her ordinary place of residence after having obtained medical treatment;
(c) if the veteran is being provided with medical treatment at a place other than his or her ordinary place of residence; or
(d) if the veteran is away from his or her ordinary place of residence on the recommendation of his or her doctor by way of treatment for an injury or disease.
(7) In paragraph (4)(a), the amount paid or payable in respect of the funeral of a deceased veteran means, in a case where the deceased veteran was, immediately before his or her death, a member of a contributory funeral benefit fund, the amount by which the cost of the funeral exceeds the amount of the benefit payable from that fund in relation to the deceased veteran.
100 Funeral benefits—dependants of deceased veterans
(1) If:
(a) a dependant (other than a reinstated pensioner) of a deceased veteran, being:
(i) a veteran whose death was war‑caused; or
(ii) a veteran who, immediately before his or her death, was being paid pension under Part II as a veteran to whom section 24 applied; or
(iii) a veteran who, immediately before his or her death, was being paid pension under Part II at a rate that had been increased under section 27 by reason that the veteran was incapacitated from a war‑caused injury or a war‑caused disease of a kind described in item 1, 2, 3, 4, 5, 6, 7 or 8 in the table in subsection 27(1); or
(b) a reinstated pensioner;
has died in indigent circumstances, the Commission may grant a benefit, called funeral benefit, towards the funeral expenses incurred in respect of the funeral of the dependant.
Note: See sections 111 and 133 for the making of an application for a funeral benefit under this subsection.
(1A) The Commission may grant a benefit towards the funeral expenses incurred in respect of a person’s funeral if:
(a) either:
(i) the person was a wholly dependent partner of a deceased member; or
(ii) the person was both an eligible young person, and a dependant of a deceased member, immediately before the member’s death; and
(b) the person died in indigent circumstances; and
(c) section 12 of the MRCA applies in respect of the member.
Note: Expressions used in this subsection have the same meanings as they have in the MRCA (see subsection (4)).
(2) A funeral benefit under this section in respect of a deceased dependant of a deceased veteran is a sum of $1,000 or an amount equal to the amount paid or payable in respect of the funeral of the deceased dependant, whichever is less.
(3) In subsection (2), the amount paid or payable in respect of the funeral of a deceased dependant means, in a case where the dependant was, immediately before his or her death, a member of a contributory funeral benefit fund, the amount by which the cost of the funeral exceeds the amount of the benefit payable from that fund in relation to the deceased dependant.
(4) Expressions used in subsection (1A) have the same meanings as they have in the MRCA.
(1) Subject to this section, the Commission may grant an allowance, called decoration allowance, to a veteran who has been awarded an eligible decoration or eligible decorations if the veteran:
(a) is in receipt of a pension under Part II; or
(b) would be in receipt of a pension under Part II but for:
(i) the cancellation, under subsection 124(1), of a pension that had been granted to the veteran under Part II; or
(ii) section 26, 30C or 30D.
(3) Decoration allowance is not payable to a veteran under this section in respect of any period in respect of which the veteran is entitled to be paid, by an overseas country, an allowance or annuity that is of a similar kind to decoration allowance payable under this section.
(4) Decoration allowance granted to a veteran under this section is payable at the rate of $2.10 per fortnight.
(5) In this section:
eligible decorations means:
(a) the following decorations awarded for gallantry during a war to which this Act applies or during warlike operations:
(i) the Victoria Cross;
(ii) the Cross of Valour;
(iii) the Star of Courage;
(iv) the Distinguished Service Order;
(v) the Distinguished Service Cross;
(vi) the Military Cross;
(vii) the Distinguished Flying Cross;
(viii) the Distinguished Conduct Medal;
(ix) the Conspicuous Gallantry Medal;
(x) the Distinguished Service Medal;
(xi) the Military Medal;
(xii) the Distinguished Flying Medal;
(xiii) the member of the Most Excellent Order of the British Empire (Military Division);
(xiv) the Medal of the Most Excellent Order of the British Empire (Military Division) (1919‑1958);
(xv) the Medal of the Most Excellent Order of the British Empire (Military Division) with Gallantry Emblem (1958‑1974);
(xvi) the Victoria Cross for Australia;
(xvii) the Star of Gallantry;
(xviii) the Medal for Gallantry; and
(b) the George Cross; and
(c) the George Medal; and
(d) such other decorations, awarded for gallantry during a war to which this Act applies or during warlike operations, as are prescribed.
(1) Subject to this section, the Commission may grant an allowance, called Victoria Cross allowance, to a veteran who has been awarded the Victoria Cross or the Victoria Cross for Australia.
(2) Victoria Cross allowance granted to a veteran under this section is in addition to any decoration allowance that has been or may be granted to the veteran under section 102.
(3) Victoria Cross allowance is not payable to a veteran in respect of any period in respect of which the veteran is entitled to be paid, by an overseas country, an allowance or annuity that is of a similar kind to Victoria Cross allowance payable under this section.
(4) Victoria Cross allowance granted to a veteran under this section is payable at the rate of $3,230 per year.
Note: The amount fixed by this subsection is indexed annually in line with CPI increases. See section 198FA.
104 Recreation transport allowance
(1) Subject to this section, the Commission may grant an allowance, called recreation transport allowance, to a veteran who is suffering an incapacity from a war‑caused injury or a war‑caused disease of a kind described in column 1 of the following table:
|
Column 1 |
Column 2 |
|
Description of incapacity |
Rate per fortnight |
|
1. Both legs amputated above the knees |
44.80 |
|
2. Negligible powers of locomotion so as to be capable of moving, with the aid of crutches or walking sticks, for short distances only |
44.80 |
|
3. Handicapped with regard to locomotion to a degree that, in the opinion of the Commission, is similar to the degree of handicap with regard to locomotion associated with a disability described in item 1 or 2 |
44.80 |
|
4. Both arms amputated at or above the wrists |
22.40 |
|
5. Both legs amputated below the knees |
22.40 |
|
6. One leg amputated above the knee and the other below the knee |
22.40 |
|
7. One leg amputated above or below the knee and one arm amputated below the elbow |
22.40 |
|
8. Blinded in both eyes |
22.40 |
|
9. Incapacitated to an extent that, in the opinion of the Commission, is similar in effect or severity to the extent of incapacity associated with a disability described in item 4, 5, 6, 7 or 8 |
22.40 |
|
10. Handicapped with regard to locomotion to a degree that, in the opinion of the Commission, is similar in degree to the handicap with regard to locomotion associated with a disability described in item 5, 6, 7 or 8 |
22.40 |
(2) For the purposes of subsection (1):
(a) a leg that has been rendered permanently and wholly useless above the knee or below the knee shall be treated as if it had been amputated above the knee or below the knee, as the case may be; and
(b) an arm that has been rendered permanently and wholly useless at or above the wrist or below the elbow, shall be treated as if it had been amputated at or above the wrist, or below the elbow, as the case may be.
(3) Recreation transport allowance is payable to a veteran, in respect of the costs incurred by the veteran in travelling for recreational purposes, at the rate specified in column 2 of the table in subsection (1) opposite to the kind of incapacity described in column 1 from which the veteran is suffering.
(4) Recreation transport allowance is not payable to a veteran under subsection (1):
(a) in respect of any period during which the veteran is being cared for, at public expense, in a hospital or other institution; or
(b) if the veteran has participated, or is participating, in the Vehicle Assistance Scheme:
(i) during the period of 2 years commencing on, and including, the date on which the veteran was first provided with a vehicle under that Scheme;
(ii) during the period of 2 years commencing on, and including, the date on which a replacement motor vehicle grant was or is made under that Scheme in respect of the veteran;
(iii) during any period during which there is, under that Scheme, due and payable by the veteran to the Commission the whole or part of an amount equal to the cost to the Commission of providing the veteran with a motor vehicle under that Scheme; or
(iv) during any other period during which the veteran is, under that Scheme, eligible to be paid an allowance as a contributor towards the running and maintenance of a vehicle provided for the veteran under that Scheme.
(5) For the purpose of the application of subsection (4), a vehicle provided for a veteran before 22 May 1986 under the scheme known as the “Gift Car Scheme” shall, after the commencement of this subsection, be deemed to have been provided under the Vehicle Assistance Scheme.
(1) The Commission may, by instrument in writing, prepare a scheme, called the Vehicle Assistance Scheme, for the provision of motor vehicles to veterans eligible under this section to participate in the scheme and for the payment of allowances towards the cost of running and maintaining vehicles so provided.
(2) The Commission may, by instrument in writing, vary or revoke a scheme prepared under subsection (1) and approved under subsection (3).
(3) A scheme prepared by the Commission under subsection (1), and an instrument varying or revoking such a scheme, have no force or effect unless approved by the Minister.
(4) Where a scheme prepared by the Commission in accordance with subsection (1), or an instrument under subsection (2), has been approved by the Minister, the Commission shall furnish copies of the scheme or instrument to the Minister, and the Minister shall cause copies to be laid before each House of the Parliament within 15 sitting days of that House after the Minister received those copies.
(5) A veteran is, subject to subsection (7), eligible to participate in the Vehicle Assistance Scheme if the veteran is incapacitated from war‑caused injury or war‑caused disease by reason of:
(a) amputation of both legs above the knee;
(b) amputation of one leg above the knee and, in addition:
(i) amputation of the other leg at or above the ankle and amputation of one arm at or above the wrist; or
(ii) amputation of both arms at or above the wrists;
(c) complete paraplegia resulting in the total loss of voluntary power in both legs to the extent that there is insufficient power for purposeful use for stance or locomotion; or
(d) a condition that, in the opinion of the Commission, is similar in effect or severity to a condition described in paragraph (a) or (b).
(6) The Commission may provide benefits for veterans eligible to participate in the Vehicle Assistance Scheme under and in accordance with the provisions of that Scheme.
(7) For the purposes of subsection (5):
(a) a leg that has been rendered permanently and wholly useless above the knee shall be treated as if it had been amputated above the knee;
(b) a veteran shall not be taken to be incapacitated by reason of the disability described in paragraph (5)(c) unless the disability is such that surgical or other therapeutic measures are not reasonably capable of restoring power for purposeful use for stance or locomotion; and
(c) a reference to the Vehicle Assistance Scheme shall, unless the contrary intention appears, be read as a reference to:
(i) the Vehicle Assistance Scheme prepared under subsection (1) and approved by the Minister, but not being such a Scheme that has been revoked; or
(ii) if that Scheme has been varied under subsection (2) by an instrument approved by the Minister—that Scheme as so varied.
(1) Subject to subsection (2), the Commission may, in such circumstances, and subject to such conditions (if any), as are prescribed, in its discretion, grant to a veteran, or to a dependant of a veteran or deceased veteran, assistance or benefits of such a kind, and of such an amount or value, as it deems fit in all the circumstances of the case.
(2) The Commission must not grant assistance or benefits to a person under subsection (1):
(a) in circumstances in which the person is eligible to be granted an allowance or assistance under another provision of this Act; or
(b) to a veteran, or a dependant of a veteran or a deceased veteran, if the veteran is only a veteran because of service rendered after the MRCA commencement date.
Note: The Military Rehabilitation and Compensation Commission can grant assistance or benefits to veterans who render service after the MRCA commencement date, or to dependants of such veterans (see section 424 of the MRCA).
107 Temporary incapacity allowance
(1) The Commission may grant an allowance, called temporary incapacity allowance, to a veteran who is admitted to a hospital or other institution for treatment in respect of a war‑caused injury or a war‑caused disease if the conditions specified in subsection (2) are fulfilled in relation to the incapacity of the veteran.
(2) The conditions referred to in subsection (1) in relation to an incapacity of a veteran from a war‑caused injury or a war‑caused disease are:
(a) that the veteran has undergone treatment for the incapacity as an inpatient of a hospital or other institution;
(b) that, for a continuous period in excess of 4 weeks (being a period commencing on the date on which the veteran was admitted to that hospital or other institution for treatment for that incapacity), the veteran has undergone treatment for that incapacity either as an inpatient of, or after discharge from, that hospital or other institution or has undergone rest and recuperation, after the completion of that treatment, on the recommendation of a medical practitioner; and
(c) that, by reason of that treatment, or of that treatment and that rest and recuperation, the veteran was incapable, during a period (in this section referred to as the relevant period applicable to the incapacity), being the whole or part of the continuous period referred to in paragraph (b), of continuing to undertake remunerative work that the veteran would have continued to undertake but for that treatment or that treatment and that rest and recuperation, as the case may be.
(3) The condition specified in paragraph (2)(c) shall be taken not to have been fulfilled in relation to the incapacity of a veteran during any part of the relevant period applicable to the incapacity during which the veteran was capable of undertaking remunerative work for periods aggregating more than 8 hours per week, being work that the veteran would have continued to undertake but for the treatment, or the treatment and the rest and recuperation, as the case may be.
(4) Where temporary incapacity allowance is granted to a veteran in respect of a veteran’s incapacity from a war‑caused injury or a war‑caused disease, the allowance is payable in respect of the relevant period applicable to the incapacity.
(5) Subject to subsection (6), the rate at which temporary incapacity allowance is payable to a veteran is:
(a) if the veteran is in receipt of a pension under Part II, or would, but for the operation of section 26, 30C or 30D, be in receipt of such a pension—an amount per fortnight equal to the amount by which the amount specified in subsection 24(4) exceeds the amount per fortnight of the pension that is, or would be, payable; or
(b) in any other case—the rate specified in subsection 24(4).
(6) The rate at which temporary incapacity allowance is payable to a veteran who is also in receipt of loss of earnings allowance is:
(a) if the veteran is in receipt of a pension under Part II, or would, but for the operation of section 26, 30C or 30D, be in receipt of such a pension—an amount per fortnight equal to the amount by which the amount specified in subsection 24(4) exceeds an amount equal to the sum of:
(i) the amount per fortnight of the pension that is, or would be, payable; and
(ii) the amount per fortnight at which loss of earnings allowance is payable to the veteran; or
(b) in any other case—an amount per fortnight equal to the amount by which the amount specified in subsection 24(4) exceeds the amount per fortnight at which loss of earnings allowance is payable to the veteran.
(7) Temporary incapacity allowance is not payable to a veteran unless the veteran furnishes to the Commission such information (including certificates of medical practitioners or other persons) as is required by the regulations to be so furnished.
(8) Where:
(a) temporary incapacity allowance is payable to a veteran in respect of the relevant period applicable to the veteran’s incapacity from a war‑caused injury or a war‑caused disease; and
(b) after the commencement of that period, whether before or after the end of that period:
(i) the rate of the veteran’s pension under Part II is increased; or
(ii) a pension under Part II is granted to the veteran;
payable from a date before the end of that period; and
(c) the veteran would not have been entitled to be paid the whole or part of the amount of temporary incapacity allowance that was paid to the veteran in respect of that period if that pension had been increased or granted on the day as from which it was payable;
an amount equal to the amount of temporary incapacity allowance that the veteran would not have been entitled to be paid shall be deducted from amounts of pension payable to the veteran in a lump sum or by instalments as the Commission determines.
Note: If section 25A applies to a veteran, the rate at which temporary incapacity allowance is payable to the veteran is reduced in accordance with that section.
108 Loss of earnings allowance
(1) The Commission may grant an allowance, called loss of earnings allowance, to a person in accordance with the provisions of this section.
(2) Loss of earnings allowance may be granted to a veteran, in respect of any loss of salary or wages, or loss of earnings on his or her own account from an occupation in which he or she is engaged, suffered by reason of:
(a) the veteran’s undergoing treatment for incapacity from a war‑caused injury or a war‑caused disease;
(b) the veteran’s having to wait for the supply of, or repairs to, an artificial replacement or other surgical aid or appliance necessitated by such an incapacity;
(c) an investigation of a claim or application made by the veteran under Part II or of a pension granted to the veteran under that Part; or
(d) the veteran’s undergoing treatment associated with such an investigation;
for the period in respect of which the veteran suffered that loss.
(3) Where:
(a) a veteran travels for the purpose of:
(i) obtaining treatment;
(ii) restoration of his or her health;
(iii) being fitted with surgical aids or appliances or artificial replacements;
(iv) an investigation referred to in paragraph (2)(c); or
(v) any other matter related to the payment of a pension; and
(b) the Commission authorizes a person to accompany the veteran as his or her attendant;
loss of earnings allowance may be granted to the attendant, in respect of any loss of salary or wages, or loss of earnings on his or her own account, suffered by reason of having so accompanied the veteran, for the period in respect of which the attendant suffered that loss.
(4) Where a claim for pension for a veteran or a dependant of a veteran:
(a) is made by another person, as provided by section 16, on behalf of the veteran or dependant; or
(b) is prosecuted by a person who is the legal personal representative of the claimant, or by a person approved under section 126, following the death of the claimant;
loss of earnings allowance may be granted to the person, in respect of any loss of salary or wages, or loss of earnings on his or her own account, suffered by reason of an investigation under section 17 of the claim for the period in respect of which the person suffered that loss.
(5) Subject to subsection (6), where, in any year, a veteran who is an employee of another person:
(a) was granted leave of absence on account of illness for a period in respect of which the veteran was absent from his or her employment for a reason referred to in paragraph (2)(a), (b), (c) or (d);
(b) was, during a subsequent period of that year, absent from his or her employment by reason of:
(i) any illness or disease; or
(ii) undergoing treatment related to any illness or disease;
other than a war‑caused illness or a war‑caused disease; and
(c) has incurred loss of salary or wages as a result of absence from his or her employment referred to in paragraph (b) of this subsection;
loss of earnings allowance may be granted to the veteran, in respect of that loss of salary or wages, for the period in respect of which the veteran suffered that loss.
(6) Where, in a year, the period, or aggregate of the periods, for which loss of earnings allowance is payable to a veteran by virtue of subsection (5) has equalled:
(a) the period, or aggregate of the periods, referred to in paragraph (5)(a) for which the veteran has been absent from his or her employment in that year; or
(b) a period equal to the period credited, or notionally credited, in respect of the veteran for that year, under the terms and conditions of his or her employment, by way of sick leave credit (however described);
whichever is the less, loss of earnings allowance is not payable to the veteran by virtue of subsection (5) in respect of any part of the remainder of that year.
(7) Loss of earnings allowance is not payable to a person under this section in respect of any period in respect of which the person is paid pension under Part II at the rate specified in subsection 24(4).
(8) The amount of loss of earnings allowance payable to a veteran by virtue of subsection (2) or (5) in respect of loss of salary or wages, or of earnings on his or her own account, (in this subsection referred to as the relevant loss of remuneration) suffered by the veteran in respect of a period (in this subsection referred to as the relevant period) is:
(a) an amount equal to:
(i) unless subparagraph (ii) or (iii) applies—the amount of pension that would be payable to the veteran in respect of the relevant period if the veteran were a veteran to whom section 24 applied and the veteran’s pension were required to be calculated at the rate specified in subsection 24(4) (in this subsection that amount of pension is referred to as the maximum amount in respect of the relevant period);
(ii) if the veteran is in receipt of a pension under Part II—the amount by which the maximum amount in respect of the relevant period exceeds the amount of pension under Part II that is payable to the veteran in respect of the relevant period; or
(iii) if the veteran is not in receipt of a pension under Part II but would be in receipt of such a pension but for the provisions of section 26, 30C or 30D or is in receipt of a pension under Part II that has been reduced in accordance with the provisions of that section—the amount by which the maximum amount in respect of the relevant period exceeds the amount of pension under Part II that would be payable to the veteran in respect of the relevant period if section 26, 30C or 30D, as the case requires, were omitted from this Act; or
(b) an amount equal to the amount that the veteran would have earned, or could reasonably be expected to have earned, from the occupation referred to in subsection (2) of this section or from the employment referred to in subsection (5) of this section, as the case may be, in respect of the relevant period by way of salary or wages or of earnings on his or her own account less an amount equal to the sum of:
(i) the amount (if any) earned by the veteran from that occupation or employment, or from any other occupation or employment, in respect of the relevant period by way of salary or wages or earnings on his or her own account;
(ii) the amount (if any) that the veteran receives, or is entitled to receive, in respect of the relevant period, by way of compensation for the relevant loss of remuneration, under a law of the Commonwealth, a State, a Territory or a country other than Australia that makes provision for the payment of compensation or other benefits to persons in respect of incapacities arising out of, or in the course of, employment or caused by, or arising out of, the use of motor vehicles;
(iii) the amount (if any) that the veteran receives, or is entitled to receive, from his or her employer by way of gratuity or other payment in respect of the relevant loss of remuneration suffered by the veteran in respect of the relevant period; and
(iv) the amount (if any) that the veteran receives, or is entitled to receive, in respect of the relevant loss of remuneration suffered by the veteran in respect of the relevant period, under a contract, arrangement or agreement (including a contract of insurance), whether or not the veteran is a party to the contract, arrangement or agreement, but not being an amount of a kind referred to in subparagraph (ii) or (iii);
whichever is the lesser amount.
(9) The amount of loss of earnings allowance payable to a person by virtue of subsection (3) in respect of a period is:
(a) the amount that would be payable to the person in respect of the period in accordance with paragraph (8)(b) if the person were a veteran who was entitled to be paid that allowance by virtue of subsection (2); or
(b) the amount that would be payable to the person in respect of the period by way of pension under Part II if the person were eligible to be paid a pension under that Part, section 24 applied to the person and section 26, 30C or 30D did not apply to the person;
whichever is the lesser amount.
(10) The amount of loss of earnings allowance payable to a person by virtue of subsection (4) in respect of a period is such amount as the Commission considers reasonable in all the circumstances but not exceeding the amount that the person would have earned, or could reasonably be expected to have earned, in the period by way of salary and wages, or earnings on his or her own account.
(11) Loss of earnings allowance is not payable to a person under this section unless the person furnishes to the Commission such information (including certificates of medical practitioners or other persons) as is required by the regulations to be so furnished.
(12) In this section:
leave of absence on account of illness, in relation to a veteran who is an employee of another person, means leave of absence from the veteran’s employment granted to the veteran without loss of earnings by reason of any illness or incapacity or treatment provided for an illness or incapacity.
year, in relation to a veteran who is an employee of another person, means the period of 12 months that commenced on the date on which, under his or her terms and conditions of employment, the veteran was last credited, or last notionally credited, with a period by way of sick leave (however described).
Note: If section 25A applies to a veteran, the rate at which loss of earnings allowance is payable to the veteran is reduced in accordance with that section.
109 Advances on account of loss of earnings allowance
(1) Where the Commission is satisfied:
(a) that a person may reasonably be expected to become entitled to be paid loss of earnings allowance under section 108 in respect of a period (in this section called the period of entitlement); and
(b) that it is, in all the circumstances, appropriate for the person to be paid an advance on account of the loss of earnings allowance that the person is expected to become entitled to be paid in respect of a period (in this section called the period of advance), being the whole or a part of the period of entitlement;
the Commission may authorize payment to the person of an advance accordingly in respect of the period of advance.
(2) The amount paid to a person by way of advance under subsection (1) in respect of a period of advance, or the aggregate of the amounts so paid to a person in respect of the periods of advance included in a period of entitlement, as the case may be, shall not exceed the amount estimated by the Commission to be the amount of loss of earnings allowance likely to be payable to the person in respect of that period of advance or those periods of advance, as the case may be.
(3) If the amount of the advance, or the sum of the amounts of advances, paid to a person in relation to a period of entitlement exceeds the amount of loss of earnings allowance that becomes payable to the person in respect of that period of entitlement, the person is liable to pay an amount equal to the excess to the Commonwealth.
(1) Where a veteran, or a dependant of a deceased veteran, travels, with the approval of the Commission, for the purpose of:
(a) obtaining treatment;
(b) restoration of his or her health; or
(c) being fitted with surgical aids or appliances or artificial replacements;
the veteran, or the dependant, as the case may be, is, subject to this section and to such conditions as are prescribed, entitled to be paid such travelling expenses, in connection with that travel, as are prescribed.
(2) Subject to such conditions as are prescribed, where:
(a) a veteran, or a dependant of a deceased veteran, travels, with the approval of the Commission, as described in subsection (1); and
(b) the Commission authorizes a person to accompany the veteran or dependant as his or her attendant;
the attendant is, subject to this section, entitled to be paid such travelling expenses, in connection with that travel, as are prescribed.
(3) Travelling expenses are not payable under this section in respect of travel outside Australia.
(4) Where the Commission is satisfied:
(a) that a person may reasonably be expected to become entitled to be paid travelling expenses under this section; and
(b) that it is in all the circumstances appropriate for the person to be paid an advance on account of the travelling expenses that the person is expected to become entitled to be paid;
the Commission may authorize payment to the person of an advance on account of the travelling expenses that the person is expected to become entitled to be paid.
(5) If the amount of the advance paid to a person on account of any travelling expenses in respect of any travel of the person exceeds the amount of travelling expenses that become payable to the person in respect of that travel, the person is liable to repay an amount equal to the excess to the Commonwealth.
(1) Each of the following allowances or benefits is a benefit to which this section applies, namely:
(a) clothing allowance;
(b) attendant allowance;
(c) funeral benefit under section 99 or 100;
(d) Victoria Cross allowance;
(e) recreation transport allowance;
(f) temporary incapacity allowance;
(g) loss of earnings allowance;
(h) travelling expenses.
(2) An application for a benefit to which this section applies:
(a) shall be in accordance with a form approved by the Commission;
(b) shall be accompanied by such certificates and other evidence (relevant to the applicant’s entitlement to the benefit) as are required to be furnished by this Act, the regulations or the form of application; and
(c) is to be lodged at an office of the Department in Australia in accordance with section 5T and is taken to have been made on a day determined under that section.
(3) An application for a benefit to which this section applies may be made:
(a) by the person eligible to be granted the benefit; or
(b) with the approval of that person or of the Commission under subsection (4), by another person on behalf of that person.
(4) Where a person eligible to be granted a benefit to which this section applies is unable, by reason of physical or mental ailment, to approve a person to make an application for that benefit on his or her behalf, the Commission may approve a person to make the application on his or her behalf.
(5) Where an application for a benefit to which this section applies is made by a person on behalf of another person, the other person on whose behalf the application is made, and not the person making the application on behalf of that other person, shall be treated as the applicant.
(6) For the purposes of this Division, where:
(a) a person makes an application in writing for an allowance or benefit to which this section applies, but otherwise than in accordance with a form approved for the purposes of subsection (2); and
(b) the person subsequently makes an application for the allowance or benefit in accordance with a form so approved:
(i) at a time when the person had not been notified by the Department, in writing, that it would be necessary to make the application in accordance with a form so approved; or
(ii) within 3 months after the person had been so notified;
the Commission may treat the application referred to in paragraph (b) as having been received at an office of the Department in Australia on the date on which the application referred to in paragraph (a) was so received.
(7) An applicant for a benefit to which this section applies may, at any time before the application is determined by the Commission, by notice in writing forwarded to the Commission at an office of the Department in Australia, withdraw the application.
(8) The withdrawal of an application for a benefit to which this section applies does not prevent the applicant from subsequently making another application for such a benefit.
112 Time for applying for certain benefits
(1) An application for temporary incapacity allowance in respect of a veteran’s incapacity from a war‑caused injury or a war‑caused disease shall be made within 12 months after the commencement of the period that is the relevant period applicable to the incapacity for the purposes of section 107.
(2) An application for loss of earnings allowance for a period in respect of which a person has suffered a loss of salary or wages, or loss of earnings on his or her own account, as set out in subsection 108(2), (3), (4) or (5), shall be made within 12 months after the commencement of that period.
(3) An application for travelling expenses in connection with travel referred to in subsection 110(1) or (2) must be made:
(a) within 3 months after the completion of that travel; or
(b) if the Commission thinks that there are exceptional circumstances that justify extending that period—such further period as the Commission allows.
(4) An application made to the Commission for the grant of:
(a) temporary incapacity allowance;
(b) loss of earnings allowance; or
(c) travelling expenses;
after the expiration of the period applicable to the application by virtue of subsection (1), (2) or (3), as the case requires, is of no force or effect.
113 Time for applying for funeral benefit
(1) Subject to this section, application may be made to the Commission for the grant of a funeral benefit under section 99 or 100 in respect of the funeral of a person, being:
(a) a deceased veteran;
(b) a deceased dependant of a deceased veteran;
within 12 months after the death of the person.
(2) Where, after the death of a veteran, a decision is made under this Act:
(a) determining that the death was war‑caused;
(b) granting a pension under Part II in respect of the veteran, as from a date before the death of the veteran:
(i) at a rate that is worked out under subsection 22(4); or
(ii) at a rate that is worked out under section 24; or
(iii) at a rate that is worked out under section 27 because the veteran was suffering from incapacity from a war‑caused injury or a war‑caused disease of a kind described in any of items 1 to 8 of the Table in subsection 27(1); or
(c) increasing the rate of the pension granted to the veteran under Part II as from a date before the death of the veteran:
(i) to a rate worked out under subsection 22(4) or section 24; or
(ii) to a rate worked out under section 27 because the veteran was suffering from incapacity from a war‑caused injury or a war‑caused disease of a kind described in any of items 1 to 8 of the Table in subsection 27(1);
application for the grant of a funeral benefit under section 99 in respect of the funeral of the veteran may be made to the Commission within the period of 12 months after the date on which that decision was made or within the period of 3 months after the date on which the Veterans’ Affairs Legislation Amendment Act 1987 received the Royal Assent, whichever last expires.
(3) Where, after the death of a veteran, the Commission gives an approval of a kind referred to in subsection 99(3) in relation to the veteran, application may be made to the Commission for the grant of a funeral benefit under section 99 in respect of the funeral of the veteran within 12 months after the date on which that approval was given.
(5) Application made to the Commission for the grant of a funeral benefit under section 99 or 100 in respect of the funeral of a person after the expiration of the period specified in subsection (1), (2) or (3) of this section, whichever is applicable, is of no force or effect.
114 Commencement of payment of certain allowances
(1) Subsection (2) applies to:
(a) clothing allowance;
(b) attendant allowance; and
(c) recreation transport allowance.
(2) An allowance to which this subsection applies payable to a veteran by reason that the veteran is suffering incapacity from a war‑caused injury or a war‑caused disease is payable:
(a) if application for the allowance is made within 3 months after the date on which the determination was made under this Act determining that the injury was a war‑caused injury or the disease was a war‑caused disease, as the case may be—as from the date on which that determination was made; or
(b) in any other case—as from the date on which the veteran’s application for the allowance in respect of that war‑caused injury or war‑caused disease is received at an office of the Department in Australia.
(1) Subject to subsection (2), a person who is dissatisfied with a decision of the Commission in respect of an application for:
(a) clothing allowance;
(b) funeral benefits under section 99 or 100;
(c) decoration allowance;
(d) Victoria Cross allowance;
(e) recreation transport allowance;
(f) temporary incapacity allowance; or
(g) loss of earnings allowance;
may request the Commission, in writing, to review the decision, and, where such a request is duly made, the Commission shall review the decision, or cause the decision to be reviewed by a person to whom the Commission has delegated its powers under this section (not being the person who made the decision).
(1A) A request under subsection (1) must be lodged with the Commission at an office of the Department in Australia in accordance with section 5T and is taken to have been made on a day determined under that section.
(2) A request under subsection (1) to review a decision of the Commission shall set out particulars of the grounds on which the request is made, and may be made within 3 months after service on the person to whom the decision relates of notice of the decision, but not otherwise.
(3) Where the Commission reviews a decision under subsection (1), the Commission may affirm or set aside the decision and, if it sets aside the decision, it shall make such other decision as it considers to be in accordance with this Act.
(4) Where the Commission makes a decision, in substitution for the decision set aside, granting an application for an allowance specified in subsection (1), it may approve payment of the allowance as from a date not earlier than the date as from which the Commission could have approved payment of the allowance if it had made the substituted decision in place of the original decision.
(5) Sections 57D, 57E and 57F apply to a review under this section in like manner as they apply to a review under Division 16 of Part IIIB and, for the purpose of their application to a review under this section:
(a) references in sections 57D, 57E and 57F to Division 16 of Part IIIB shall be read as references to this section; and
(b) references in section 57F to a review shall be read as references to a review under subsection (1) of this section.
(6) A reference in subsection (1) to a decision in respect of an application for funeral benefits under section 99 shall be read as not including a reference to a decision of the Commission to grant, or refuse to grant, an approval of a kind referred to in paragraph 99(3)(a) or (b).
In this Part, unless the contrary intention appears:
CPI indexation day means:
(a) for the purposes of section 115D—the day that begins each relevant period within the meaning of that term in section 198; and
(b) for the purposes of section 115G—a day that is an indexation day for the maximum basic rate under subsection 59B(1).
member of a Peacekeeping Force has the same meaning as in subsection 68(1).
member of the Forces has the same meaning as in subsection 68(1).
unaffected pension rate means the rate of pension that a veteran would have received if the veteran had not undertaken a vocational rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme.
unemployment includes:
(a) retirement from remunerative work; and
(b) undertaking less than 16 hours of remunerative work in a pension period;
but does not include any period of paid leave.
veteran means:
(a) a person:
(i) who is, because of section 7, taken to have rendered eligible war service; or
(ii) in respect of whom a pension is payable under subsection 13(6); or
(iii) who satisfies subsection 37(3); or
(b) a member of the Forces; or
(c) a member of a Peacekeeping Force.
Veterans’ Vocational Rehabilitation Scheme means a scheme made under subsection 115B(1).
work and pension income rate means the rate equal to the sum of:
(a) the veteran’s salary, wages or earnings per fortnight from remunerative work; and
(b) the fortnightly rate of pension paid to the veteran under Part II or IV.
(1) The Commission may, from time to time, by instrument in writing, make a scheme, to be called the Veterans’ Vocational Rehabilitation Scheme, to assist specified classes of veterans who render service before the MRCA commencement date to find employment and to continue in employment.
Note: A rehabilitation program that is being provided to a veteran under the scheme might cease if the veteran is also provided with rehabilitation under the MRCA (see section 18 of the CTPA).
(2) The Commission may, from time to time, by instrument in writing, vary or revoke the scheme.
(3) A scheme made by the Commission under subsection (1), and an instrument varying or revoking such a scheme, have no force or effect unless approved by the Minister.
(4) If a scheme has been made by the Commission under subsection (1), or an instrument under subsection (2), the scheme or the instrument is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
(5) Without limiting the powers of the Commission under subsection (1), the Scheme may make provision for and in relation to:
(a) the provision of rehabilitation programs, under the Scheme, to specified veterans; and
(b) the provision of vocational guidance and assistance, under the Scheme, to specified veterans; and
(c) the payment of financial assistance, under the Scheme, to specified veterans in respect of education or training that is being undertaken under the Scheme by the veterans; and
(d) the provision of services in relation to the assessment of veterans for participation in rehabilitation programs; and
(e) the payment of financial assistance, under the Scheme, to specified veterans in respect of transport costs arising from the veterans’ participation in the Scheme; and
(f) the payment of financial assistance, under the Scheme, to specified veterans in respect of aids that enable the veterans to participate in, or assist veterans to participate in, the Scheme; and
(g) the provision for review of determinations under section 115F.
(6) Before making a scheme, or varying or revoking the scheme, the Commission must consult such organisations and associations, representing the interests of the veteran community, as the Commission thinks appropriate.
Division 2—Provisions relating to the income of veterans who participate in vocational rehabilitation programs
115C Rate of pension while on program
(1) Subject to sections 115D and 115G, this section applies while a veteran is undertaking a vocational rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme.
(2) If this section applies to a veteran, the rate of pension payable to the veteran is equal to the amount the veteran would receive if the veteran were not undertaking the program.
115D Reduced daily pension amount—pensions under Parts II and IV
Application and overview of this section
(1) This section applies to a veteran who is engaged in remunerative work of more than 8 hours per week as a result of undertaking a vocational rehabilitation program under the Veterans’ Vocational Rehabilitation Program. The section sets out how to work out the veteran’s reduced daily pension amount. This amount is used to work out the rate of pension payable under sections 23 and 24.
Note: This section does not apply to certain veterans (see subsections (5) and (6)).
Reduced daily pension amount during the initial period
(2) A veteran’s reduced daily pension amount for a pension period that occurs within the initial period is worked out using the following formula:
Note 1: Expressions used in this subsection are defined in subsection (7).
Note 2: The Commission can increase a reduced daily pension amount under section 115F.
Reduced daily pension amount during the second period
(3) A veteran’s reduced daily pension amount for a pension period that occurs within the second period is worked out using the following formula:
Note 1: Expressions used in this subsection are defined in subsection (7).
Note 2: The Commission can increase a reduced daily pension amount under section 115F.
Reduced daily pension amount 5 years after the initial period
(4) A veteran’s reduced daily pension amount for a pension period that occurs more than 5 years after the end of the initial period is nil.
Note: The Commission can increase a reduced daily pension amount under section 115F.
Veteran who is unemployed for at least 2 weeks
(5) This section does not apply to a veteran who is unemployed for a continuous period of at least 2 weeks in respect of the pension periods within that 2 week period.
Veteran who is blinded in both eyes
(6) This section does not apply to a veteran for a pension period if the veteran is receiving a pension for the period at the special rate because of subsection 24(3).
Definitions
(7) In this section:
CPI amount means the amount worked out using the following formula:
daily above general rate for a veteran means the rate worked out using the following formula:
initial period for a veteran means the period:
(a) that begins on the day after the day the veteran first commenced remunerative work as a result of undertaking a vocational rehabilitation program; and
(b) that ends immediately before the first CPI indexation day that occurs more than 2 years after that day.
pension rate on commencement for a veteran means the rate of pension under this Act that was payable to the veteran on the day on which the veteran commenced his or her vocational rehabilitation program.
second period means the period:
(a) that begins immediately after the initial period; and
(b) runs for 5 years.
taper amount for a veteran means:
(a) if the veteran’s average weekly hours are 40 hours or more—nil; and
(b) otherwise—the amount worked out using the following formula:
115E Application for increase in reduced daily pension amount
(1) This section applies if, because of the application of section 115D in respect of the rate of pension payable to a veteran, the work and pension income rate of the veteran in relation to a pension period is or would be less than the unaffected pension rate for the veteran in relation to that period.
(2) A veteran to whom this section applies may apply to the Commission to have the reduced daily pension amount under section 115D increased.
(3) An application must be:
(a) in writing; and
(b) in accordance with a form approved by the Commission; and
(c) accompanied by any relevant documentary evidence in relation to salary, wages and other earnings from remunerative work for the period to which the application relates; and
(d) lodged at an office of the Department in Australia in accordance with section 5T.
(4) An application lodged in accordance with section 5T is taken to have been made on a day determined under that section.
115F Determination by the Commission
(1) This section applies if, after considering an application under section 115E, the Commission is satisfied that the rate at which a pension has been, is being or is to be paid, to a veteran resulted, or would result, in a work and pension income rate for the applicant in relation to a pension period that is less or would be less than the unaffected pension rate in relation to that period.
(2) If this section applies, the Commission may increase in writing the veteran’s reduced daily pension amount under section 115D, for a past, present or future pension period, to the amount that the Commission is satisfied results in the work and pension income rate being equal to the unaffected pension rate.
(3) A determination takes effect on the day on which the determination is made.
115G Excluded income amount—invalidity service pensions
(1) The excluded income amount in respect of a veteran for a pension period that occurs within the period (the initial period) that begins on the day after the veteran first commenced remunerative work as a result of undertaking the vocational rehabilitation program and ends immediately before the first CPI indexation day that is more than 2 years after the beginning of the initial period is half of the earnings of the veteran in each pension period.
(2) The excluded income reduction amount in respect of a veteran for each pension period that occurs within each consecutive 6 month period during the 5 years that begins immediately after the initial period is worked out using the following formula:
where:
no. of 6 month periods means the number of consecutive 6 month periods that have begun in the 5 year period.
earnings means salary, wages or earnings from remunerative work in each pension period.
Division 3—Recovery of cost of rehabilitation
115H Recovery of cost of rehabilitation
(1) In this section, compensation, in relation to a person who is undertaking, or has undertaken, a rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme, means an amount that is by way of compensation or damages, or is, in the opinion of the Commission, in the nature of compensation or damages, in respect of the disease, disability or condition because of which the rehabilitation program is being, or has been, undertaken.
(2) This section applies if a veteran who is undertaking, or has undertaken, a rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme:
(a) has made a claim against another person for compensation, or may be, or may become, entitled to be paid compensation by another person, in relation to the disease, disability or condition because of which the rehabilitation program is being, or has been, undertaken; or
(b) is entitled, whether because of an order of a court, a settlement of a claim for compensation or otherwise, to be paid compensation by another person; or
(c) has been paid compensation by another person, whether because of an order of a court, a settlement of a claim for compensation or otherwise.
(3) A reference in subsection (2) to another person includes a reference to the Commonwealth, a State, a Territory or an authority of the Commonwealth, a State or a Territory.
(4) If this section applies, the Commission may give to the veteran a written notice requiring the veteran to pay for:
(a) a rehabilitation program or any part of such a program that has been undertaken by the veteran under the Veterans’ Vocational Rehabilitation Scheme before the day on which the notice was given to the veteran; and
(b) a rehabilitation program or any part of such a program undertaken at any time on or after the day on which the notice was given to the veteran;
in relation to the disease, disability or condition.
(5) On being given the notice, the veteran becomes, by force of this section, liable to pay to the Commonwealth an amount equal to the cost, or amounts equal to the sum of the costs, as determined by the Commission, of and incidental to:
(a) a rehabilitation program or any part of such a program that has been undertaken by the veteran under the Veterans’ Vocational Rehabilitation Scheme before the day on which the notice was given to the veteran; and
(b) a rehabilitation program or any part of such a program undertaken at any time on or after the day on which the notice was given to the veteran.
(6) If the veteran is, under subsection (5), liable to make payment to the Commonwealth for a rehabilitation program provided by the Commission, the Commission may, by written notice given to a person who:
(a) may be, or may become, liable; or
(b) is liable;
to pay compensation to, or for the benefit of, the veteran in respect of the disease, disability or condition, inform the person that the veteran is liable to make payment to the Commonwealth for a rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme, whether undertaken before or after the giving of the notice.
(7) A reference in subsection (6) to a person includes a reference to an insurer who, under a contract of insurance, is liable to indemnify the person or is liable to pay compensation to, or for the benefit of, the veteran against that liability.
115J Where a person receives a notice under subsection 115H(6)
(1) This section applies to a person if the person has been given a notice under subsection 115H(6).
(2) If the person:
(a) is, on being given the notice, liable to pay compensation to, or for the benefit of, the veteran to whom the notice relates in respect of the disease, disability or condition to which the notice relates; or
(b) becomes, after receiving the notice, so liable to pay compensation; or
the person becomes liable, because of this subsection, to pay to the Commonwealth:
(c) an amount equal to the cost of the rehabilitation program that the veteran is liable, or may become liable, under subsection 115H(5), to pay; or
(d) an amount equal to the amount of compensation that the person is liable, or becomes liable, so to pay;
whichever is the less.
(3) If, before the notice was given to the person, the person paid to, or for the benefit of, the veteran the whole of the compensation that the person was liable to pay in respect of the disease, disability or condition to which the notice relates, the notice has no effect.
(4) If a person is liable, or becomes liable, to pay an amount to the Commonwealth under subsection (2), the person must not, without the permission of the Commission, pay the compensation, or any part of the compensation, to, or for the benefit of, the veteran.
(5) Payment to the Commonwealth of an amount under subsection (2) operates, to the extent of the payment:
(a) as a discharge to the person of his or her liability to pay compensation to the veteran entitled to receive the compensation; and
(b) as a discharge of the veteran’s liability under subsection 115H(5).
115K Recovery of amount by the Commonwealth
The Commonwealth may recover in a court of competent jurisdiction an amount that a person is liable to pay to the Commonwealth under subsection 115H(5) or 115J(2).
115L Determination of amount of costs of rehabilitation programs
(1) This section applies if the Commission determines, in writing, the amount of the cost of, or incidental to, a rehabilitation program under a Veterans’ Vocational Rehabilitation Scheme for a veteran during a specified period in respect of a disease, disability or condition in relation to which a notice has been given under subsection 115H(4).
(2) The Commission may give a notice to the veteran containing a copy of that determination, or notices to the veteran and the person referred to in subsection 115H(6) containing copies of that determination.
(3) If the Commission gives a copy of a determination to a veteran or a person under subsection (2), the copy is, for all purposes, prima facie evidence:
(a) that the copy of the determination set out in the notice is a true copy of the determination of which it purports to be a copy; and
(b) that the determination was duly made by the Commission; and
(c) that the amount specified in the determination is the amount which the veteran is liable, by force of subsection 115H(5), to pay to the Commonwealth as the cost of and incidental to the rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme during the period so specified for and in relation to that disease, disability or condition.
(4) The giving of a notice, or notices, under subsection (2) does not prevent the making of a further determination or determinations, and the giving by the Commission of a further notice or further notices under that subsection.
Part VII—Veterans’ Children Education Scheme
(1) In this Part, unless the contrary intention appears:
eligible child means:
(a) an eligible child of a member of the Forces, or of a member of a Peacekeeping Force; or
(b) an eligible child of a veteran.
eligible child of a member of the Forces, or of a member of a Peacekeeping Force means:
(a) a child of a deceased member of the Forces, or of a deceased member of a Peacekeeping Force, being a member:
(i) whose death was defence‑caused; or
(ii) who was, immediately before his or her death, a member to whom subsection 22(4) or section 24 applied; or
(iii) who was, immediately before his or her death, 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); or
(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).
eligible child of a veteran means:
(a) a child of a deceased veteran, being a veteran:
(i) whose death was war‑caused; or
(ii) who was, immediately before his or her death, a veteran to whom subsection 22(4) or section 24 applied; or
(iii) who was, immediately before his or her death, 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
(iv) who was a prisoner of war at a time when the veteran was on operational service; or
(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
(d) a child of a deceased veteran, being a child who is in receipt of, or is eligible to be granted, a pension under subsection 13(4); or
(e) a person determined under subsection 116C(2) to be included in a class that has been determined by the Commission under subsection 116A(1) for the purposes of this paragraph.
member of the Forces and member of a Peacekeeping Force have the same respective meanings as they have in Part IV.
Scheme means:
(a) the Veterans’ Children Education Scheme prepared by the Commission in pursuance of this Part and approved by the Minister, other than such a scheme that has been revoked; or
(b) if that Scheme has been varied and the variation has been approved by the Minister, that Scheme as so varied.
(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.
(4) Where:
(a) before an eligible child attains the age of 25 years, approval is given under the Veterans’ Children Education Scheme for the child to undertake a course of education or training;
(b) the child attains the age of 25 years before completing that course; and
(c) the child continues, after attaining the age of 25 years, to undertake that course for the purpose of completing it;
this Part applies to and in relation to the continued undertaking of that course by the child after he or she attained the age of 25 years as if he or she were under the age of 25 years.
116A Determination of class of persons for the purposes of paragraph (e) of the definition of eligible child in subsection 116(1)
(1) The Commission may, in writing, determine a class of persons for the purposes of paragraph (e) of the definition of eligible child of a veteran in subsection 116(1). However, the persons must be the children of veterans who render service before the MRCA commencement date.
Variation or revocation
(2) The Commission may, by written determination, vary or revoke a determination under subsection (1).
Disallowable instrument
(3) A determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
116B Person may apply for determination under subsection 116C(2)
(1) An application for a determination under subsection 116C(2) to be made in respect of a person who is, or was, the child of a veteran may be made, in writing, to the Commission:
(a) in the case of a person (the child) who is, or was, the child of a veteran and who is over the age of 18 years:
(i) by the child; or
(ii) with the approval of the child, by another person on behalf of the child; or
(iii) if the child is unable, by reason of physical or mental incapacity, to approve a person to make the claim or application on his or her behalf—by another person, being a person approved by the Commission, on behalf of the child; or
(b) in the case of a person who is, or was, the child of a veteran and who is under the age of 18 years:
(i) by a parent or guardian of the child; or
(ii) by another person approved by a parent or guardian of the child; or
(iii) if there is no parent or guardian of the child alive, or willing and able to make, or approve a person to make, such an application on behalf of the child—by another person, being a person approved by the Commission;
on behalf of the child.
(2) An application under subsection (1) is to be lodged at an office of the Department in Australia in accordance with section 5T and is taken to have been made on a day determined under that section.
116C Commission may determine that a person is a member of a class determined under section 116A
(1) If an application has been made under section 116B in respect of a person, the Commission must decide whether the person the subject of the application falls within a class of persons determined by the Commission under subsection 116A(1).
(2) If the Commission decides that the person falls within a class of persons determined by the Commission under subsection 116A(1), the Commission must determine, in writing, that the person is included in the specified class.
(3) The Commission must give the person written notice of the Commission’s decision under subsection (1).
116D Review of Commission’s decision under subsection 116C(1)
(1) A person who is dissatisfied with a decision of the Commission under subsection 116C(1) may, in writing, request the Commission to review the decision.
(1A) A request under subsection (1) is to be lodged at an office of the Department in Australia in accordance with section 5T and is taken to have been made on a day determined under that section.
(2) If a written request is made, the Commission must review the decision, or cause the decision to be reviewed by a person to whom the Commission has delegated its powers under this section (not being the person who made the decision).
(3) When the Commission reviews a decision under subsection (2), it must make a written record of its decision (the review decision) upon review.
(4) The written record must include a statement that:
(a) sets out the Commission’s findings on material questions of fact; and
(b) refers to the evidence or other material on which those findings are based; and
(c) provides reasons for the review decision.
(5) If the review decision affirms or sets aside a decision under subsection 116C(1), it must give the person who requested the review of the decision:
(a) a copy of the Commission’s review decision; and
(b) subject to subsection (6), a copy of the statement about the review decision; and
(c) a statement that the person has a right to apply to the Administrative Appeals Tribunal for a review of the review decision.
(6) If the statement referred to in paragraph (5)(b) contains any matter that, in the opinion of the Commission:
(a) is of a confidential nature; or
(b) might, if communicated to the person who requested review, be prejudicial to his or her physical or mental health or well‑being;
the copy given to the person is not to contain that matter.
(1) The Commission may, from time to time, by instrument in writing, prepare a scheme, to be called the Veterans’ Children Education Scheme, for providing education and training for eligible children.
(2) The Commission may, from time to time, by instrument in writing, vary or revoke the scheme.
(3) A scheme prepared by the Commission in pursuance of subsection (1), and an instrument varying or revoking such a scheme, have no force or effect unless approved by the Minister.
(4) Where a scheme prepared by the Commission in accordance with subsection (1), or an instrument under subsection (2), has been approved by the Minister, the Commission shall furnish copies of the scheme or instrument to the Minister, and the Minister shall cause copies to be laid before each House of the Parliament within 15 sitting days of that House after the Minister received those copies.
(5) Without limiting the powers of the Commission under subsection (1), the Scheme may make provision for and in relation to:
(a) the provision of free scholarships at schools, colleges and universities for allocation, under the Scheme, to eligible children; and
(b) the payment of maintenance allowances in respect of eligible children for whom education or training is being provided under the Scheme; and
(c) the making of applications for the provision of education or training for eligible children; and
(d) the investigation and determination of applications referred to in paragraph (c); and
(e) the establishment, membership and operation of Education Boards to perform such functions, and exercise such powers, in, and in connection with, the operation of the Scheme as are conferred on them by or under the Scheme; and
(f) guidance and counselling services.
118 Commission may provide benefits under Scheme
(1) The Commission may provide benefits for, and in respect of, eligible children under and in accordance with the Scheme.
(2) The Commission may provide guidance and counselling services under the scheme for such other people as the Minister determines in writing.
(3) A determination made under subsection (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Part VIIAA—Education entry payment
A person is eligible for an education entry payment under this section if:
(a) the person is receiving:
(i) a partner service pension; or
(ia) invalidity service pension; or
(iii) income support supplement; and
(b) the person has not reached pension age; and
(c) the person is qualified, or if he or she were not in receipt of financial supplement under the Student Financial Supplement Scheme constituted by Part 4A of the Student Assistance Act 1973 or established under Chapter 2B of the Social Security Act 1991 would be qualified, to receive pensioner education supplement under the Social Security Act or the Student Assistance Act 1973; and
(d) either:
(i) the Commission is satisfied that the person intends to enrol in a full‑time or part‑time course of education that is the subject of a determination made under section 5D of the Student Assistance Act 1973 by the Minister administering that Act; or
(ii) the person is enrolled in such a course; and
(e) the person has not received a payment under this Part for which he or she made a claim in the current calendar year.
(1) A person who wants to be granted an education entry payment must make a claim for the payment:
(a) in writing; and
(b) in a form approved by the Commission.
(1A) A claim under subsection (1) is to be lodged at an office of the Department in Australia in accordance with section 5T and is taken to have been made on a day determined under that section.
(2) A claim may be withdrawn at any time before it is determined, either orally or by document lodged at an office of the Department in Australia in accordance with section 5T.
(2A) A withdrawal by document lodged in accordance with section 5T is taken to have been made on a day determined under that section.
(3) A claim that is withdrawn is taken not to have been made.
118AAC Entitlement to and amount of payment
(1) An education entry payment is payable to the person if, after considering the claim, the Commission determines that the claim is to be granted.
(2) The amount of an education entry payment is $208.
If:
(a) the Commission determined that a claim for education entry payment was to be granted to a person because the Commission was satisfied that the person intended to enrol in a course referred to in subparagraph 118AA(d)(i); and
(b) an amount of education entry payment was paid to the person; and
(c) subsequently the person is not enrolled in the course;
the person must repay to the Commonwealth the amount of the payment.
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
(1) Subject to subsections (2), (2A) and (3), a person is eligible for a pharmaceutical allowance if:
(a) the person is receiving:
(i) a service pension; or
(ia) an income support supplement; or
(ii) a pension whose rate is specified under subsection 30(1) or (2); or
(b) but for subsection 13(7), a pension would have been payable to the person at a rate specified under subsection 30(2); or
(c) the person is eligible for pharmaceutical benefits under the scheme known as the Repatriation Pharmaceutical Benefits Scheme.
Note: a person may be eligible for pharmaceutical allowance under either or both Part III or this Part. Only one amount of pharmaceutical allowance is payable to the person: see subsection 118B(1A).
(2) A person who leaves Australia otherwise than temporarily is not eligible for a pharmaceutical allowance after the day on which he or she left Australia.
(2A) A person who is temporarily absent from Australia and has been so absent for more than 26 weeks is not eligible for a pharmaceutical allowance after the first 26 weeks of the absence.
(3) The person again becomes eligible to receive the pharmaceutical allowance on:
(a) the day on which the person returns to Australia; or
(b) the day on which the person, either orally, or by document lodged at an office of the Department in Australia in accordance with section 5T, notifies the Department of his or her return to Australia;
whichever is the later.
118B Pharmaceutical allowance not payable in some circumstances
(1) Even though a person is eligible for a pharmaceutical allowance, the allowance is not payable to the person on a pension payday if:
(a) the person has received an advance pharmaceutical allowance:
(i) under Division 2 of this Part; or
(ii) under Part 2.23 of the Social Security Act; and
(b) the person’s advance payment period has not ended.
(1A) Even though a person is eligible for a pharmaceutical allowance under this Part, the allowance is not payable to the person under this Part if the person is receiving a service pension under Part III, or an income support supplement under Part IIIA, that includes an amount of pharmaceutical allowance.
(2) Even though a person is eligible for a pharmaceutical allowance, the allowance is not payable to the person if the person is receiving pharmaceutical allowance under the Social Security Act.
(3) For the purposes of subsection (1), a person’s advance payment period:
(a) starts on the day on which the advance pharmaceutical allowance is paid to the person; and
(b) ends after the number of paydays worked out using the following formula have passed:
where:
amount of advance is the amount of the advance paid to the person.
pharmaceutical allowance rate is the rate at which pharmaceutical allowance would be payable to the person on the day on which the advance is paid if the person were paid pharmaceutical allowance on that day.
(4) In subsection (3):
advance pharmaceutical allowance includes an advance pharmaceutical allowance under Part 2.23 of the Social Security Act.
pharmaceutical allowance includes pharmaceutical allowance under Part 2.22 of the Social Security Act.
Subdivision B—Rate of pharmaceutical allowance
118C Rate of pharmaceutical allowance
The rate of pharmaceutical allowance under this Part is $5.20 per fortnight.
Note: the amount specified in this section is adjusted annually in line with CPI increases under section 59L.
118D No pharmaceutical allowance if annual limit reached
(1) Pharmaceutical allowance is not payable to a person if:
(a) the person has received an advance pharmaceutical allowance during the current calendar year; and
(b) the total amount paid to the person for that year by way of:
(i) pharmaceutical allowance; and
(ii) advance pharmaceutical allowance;
equals the total amount of pharmaceutical allowance that would have been paid to the person during that year if the person had not received any advance pharmaceutical allowance.
Note 1: for the amount paid to a person by way of pharmaceutical allowance see section 5PA.
Note 2: the annual limit is affected by:
· how long during the calendar year the person was on service pension or social security pension or benefit;
· the rate of pharmaceutical allowance the person attracts at various times depending on the person’s family situation.
(2) In this section:
advance pharmaceutical allowance includes advance pharmaceutical allowance under the Social Security Act.
pharmaceutical allowance includes pharmaceutical allowance under the Social Security Act.
Subdivision C—Payment of pharmaceutical allowance
118E Payment of pharmaceutical allowance
(1) Subject to subsection (2), a person’s pharmaceutical allowance is payable on each pension payday on which the person is eligible for the allowance.
(2) If:
(a) a person became eligible for pharmaceutical allowance under paragraph 118A(1)(c) on 26 December 1991; and
(b) the person was not eligible for pharmaceutical allowance on that day under paragraph 118A(1)(a) or (b) or under Part 2.22 of the Social Security Act; and
(c) the Department does not, immediately before 1 July 1992, have the information needed to enable the Commission to make a payment of pharmaceutical allowance to the person;
pharmaceutical allowance is not payable to the person before the first payday on which the Department has that information.
Division 2—Advance pharmaceutical allowance
Subdivision A—Eligibility for and payability of advance pharmaceutical allowance
118F Eligibility for advance pharmaceutical allowance
(1) Subject to subsection (2), a person to whom section 118A applies is eligible for an advance pharmaceutical allowance.
(2) A person is not eligible for an advance pharmaceutical allowance if:
(a) the person is receiving a service pension; and
(b) the only reason why section 118A applies to the person is that the person is receiving that pension; and
(c) the Commission is satisfied that the person’s ordinary income exceeds $20.00 per fortnight.
Note: For ordinary income see subsection 5H(1).
(3) If the person is a member of a couple, the amount of the person’s ordinary income for the purposes of this section is worked out by adding the couple’s ordinary incomes (on a fortnightly basis) and dividing by 2.
Note: For member of a couple see subsections 5E(1), (2), (3) and (4).
Subdivision B—Claim for advance pharmaceutical allowance
(1) A person who wants to be granted an advance pharmaceutical allowance must make a proper claim for that allowance.
(2) Subject to subsections 118K(4) and (5), if:
(a) a claim for an advance pharmaceutical allowance is made by or on behalf of a person; and
(b) at the time when the claim is made, the claim cannot be granted because the person is not eligible for the payment;
the claim is taken not to have been made.
(1) Subject to subsection (2), the claim must be made by:
(a) the person who wants to be granted the advance pharmaceutical allowance; or
(b) with the approval of that person—another person on that person’s behalf.
(2) If the person is unable, because of physical or mental incapacity, to approve another person to make the claim on his or her behalf, the Commission may approve another person to make the claim.
(1) To be a proper claim, a claim must:
(a) be in writing; and
(b) be in accordance with a form approved by the Commission; and
(c) be lodged at an office of the Department in Australia in accordance with the requirements of section 5T.
(2) A claim lodged at an office of the Department in Australia in accordance with section 5T is taken to have been made on a day determined under that section.
(1) A claim must be a proper claim under subsection (2), (3), (4), (5) or (6) to be a proper claim for the purposes of this Division.
(2) A claim by a person for an advance pharmaceutical allowance to be paid in a calendar year (current year) is a proper claim if:
(a) a pension of the kind referred to in paragraph 118A(a) or (b) was payable to the person on the last pension payday in the previous calendar year; and
(b) the claim is lodged before the first pension payday in the current year.
(3) A claim by a person for an advance pharmaceutical allowance to be paid in a calendar year (current year) is a proper claim if:
(a) the person was eligible for pharmaceutical benefits of the kind referred to in paragraph 118A(c) on the last pension payday in the previous calendar year; and
(b) the claim is lodged before the first pension payday in the current year.
(4) A claim by a person for an advance pharmaceutical allowance to be paid in a calendar year is a proper claim if:
(a) the person claims a pension of the kind referred to in paragraph 118A(a) or (b); and
(b) the person’s claim for the pension is determined in that year; and
(c) the claim for the advance pharmaceutical allowance is lodged:
(i) at the time when the claim for the pension is lodged; or
(ii) before the claim for the pension is determined.
(5) A claim by a person for an advance pharmaceutical allowance to be paid in a calendar year is a proper claim if:
(a) the claim is based on the person’s eligibility for pharmaceutical benefits of the kind referred in paragraph 118A(c); and
(b) the claim is lodged before the person’s eligibility for those benefits is determined; and
(c) the person’s eligibility for those benefits is determined in that year.
(6) A claim by a person for an advance pharmaceutical allowance to be paid in a calendar year is a proper claim if:
(a) the person has been eligible for pharmaceutical allowance for a period (eligibility period) during the calendar year; and
(b) the amount spent by the person during the eligibility period on the purchase of pharmaceutical benefits is equal to or greater than the total amount that has been paid to the person in the calendar year by way of:
(i) pharmaceutical allowance; and
(ii) advance pharmaceutical allowance.
Note: for the amount paid to a person by way of pharmaceutical allowance see section 5PA.
(7) In subsection (6):
pharmaceutical benefit means:
(a) a pharmaceutical benefit within the meaning of section 91; or
(b) a drug or medicinal preparation:
(i) in relation to which Part VII of the National Health Act 1953 applies because of section 85 of that Act; or
(ii) that is a special pharmaceutical product (as defined in that Part).
Subdivision C—Amount of advance pharmaceutical allowance
118L Amount of advance pharmaceutical allowance
Subject to section 118M, the amount of a person’s advance pharmaceutical allowance is:
where:
pharmaceutical allowance rate is the yearly amount of pharmaceutical allowance that would be added to the person’s maximum basic rate if the person were receiving service pension and a pharmaceutical allowance advance were not being paid to the person.
Note: Pharmaceutical allowance rates are to be found at:
(a) point SCH6‑D7 of the Rate Calculator; and
(b) section 118C.
(1) The amount paid to a person in a calendar year by way of:
(a) pharmaceutical allowance; and
(b) advance pharmaceutical allowance;
is not to exceed the total amount of pharmaceutical allowance that would have been paid to the person during that year if the person had not received any advance pharmaceutical allowance.
Note: For the amount paid to a person by way of pharmaceutical allowance see section 5PA.
(2) In this section:
advance pharmaceutical allowance includes advance pharmaceutical allowance under the Social Security Act.
pharmaceutical allowance includes pharmaceutical allowance under the Social Security Act.
Part VIIAB—Defence Force Income Support Allowance and related payments
The following is a simplified outline of this Part:
This Part is about payment of:
(a) Defence Force Income Support Allowance (DFISA); and
(b) DFISA bonus; and
(c) DFISA‑like payments under regulations made under this Part.
DFISA—see Division 2
DFISA is payable to a person if the rate of the person’s social security pension or benefit has been reduced (including to nil) because the person, or the person’s partner, has been paid adjusted disability pension (within the meaning of this Part).
Payment of DFISA is automatic: a person does not need to make a claim for it.
DFISA bonus—see Division 3
DFISA bonus is payable to a person if the amount of the person’s social security pension bonus has been reduced (including to nil) because the person, or the person’s partner, has been paid adjusted disability pension (within the meaning of this Part).
Payment of DFISA bonus is also automatic.
DFISA‑like payments—see Division 4
Regulations made under this Part may provide for DFISA‑like payments to be paid to a person if adjusted disability pension (within the meaning of this Part) payable to the person, or the person’s partner, reduces the amount of a payment payable to the person under a Commonwealth Act, regulations or an instrument made under such an Act, or a Commonwealth administered program.
In this Part:
adjusted disability pension means:
(a) a pension under Part II or IV (other than a pension that is payable under section 30 to a dependant of a deceased veteran); or
(b) temporary incapacity allowance under Part VI; or
(c) a pension payable because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child); or
(d) a payment (either as a weekly amount or a lump sum) under section 68, 71, 75 or 80 of the MRCA (permanent impairment); or
(e) a payment of a Special Rate Disability Pension under Part 6 of Chapter 4 of the MRCA.
amount includes a nil amount.
excluded amount means an amount that is not income for the purposes of the Social Security Act because of subsection 8(8) of that Act.
partner has the same meaning as in subsection 4(1) of the Social Security Act.
rate includes a nil rate.
social security age pension means age pension under Part 2.2 of the Social Security Act.
social security pension bonus means pension bonus under Part 2.2A of the Social Security Act.
Division 2—Defence Force Income Support Allowance
Subdivision A—Payment of Defence Force Income Support Allowance
118NB Payment of Defence Force Income Support Allowance
(1) Defence Force Income Support Allowance (DFISA) is payable to a person each day on or after 20 September 2004 if:
(a) adjusted disability pension is payable to the person, or the person’s partner, on that day; and
(b) social security pension or social security benefit (the primary payment) is payable to the person on that day; and
(c) the adjusted disability pension reduces (including to nil) the rate of the primary payment on that day.
Note 1: For adjusted disability pension and partner see section 118NA.
Note 2: For social security pension and social security benefit see section 5Q.
Note 3: Even though the person may not actually be paid an amount of social security pension or benefit because the rate of the pension or benefit is nil, in some cases the pension or benefit will be taken to be payable to the person if adjusted disability pension is payable to the person or the person’s partner: see subsection 23(1D) of the Social Security Act.
(2) However, DFISA is not payable to the person on that day if:
(a) the rate of DFISA would be nil; or
(b) section 1129, 1130B or 1131 of the Social Security Act (financial hardship) applies to the person in relation to the primary payment; or
(c) before that day:
(i) the person had elected not to be covered by this Division; and
(ii) that election had not been withdrawn.
(3) An election, or a withdrawal of an election, under paragraph (2)(c):
(a) must be by document lodged at an office of the Department in Australia in accordance with section 5T; and
(b) is taken to have been made on a day determined under that section.
Subdivision B—Rate of Defence Force Income Support Allowance
118NC Rate of Defence Force Income Support Allowance
DFISA rate where primary payment is neither compensation affected nor prescribed
(1) The rate of DFISA on a day that is on or after 20 September 2004 is worked out using method statement 1 in this subsection, unless:
(a) Part 3.14 of the Social Security Act (compensation recovery) applies to reduce the rate of the primary payment on that day (in which case see method statement 2 in subsection (2)); or
(b) the primary payment is a social security pension or social security benefit that is prescribed for the purposes of this section (in which case, see subsection (3)).
Note: For primary payment see section 118NB.
Method Statement 1
Step 1. Work out the daily provisional payment rate for the primary payment on that day.
Note: For daily provisional payment rate see subsection (4).
Step 2. Work out what would have been the daily provisional payment rate (the notional rate) for the primary payment on that day if both of the following assumptions were made:
First assumption
The first assumption is that the adjusted disability pension payable to the person, or the person’s partner, were an excluded amount (see section 118NA).
Note: This will mean the adjusted disability pension will not be treated as income when calculating the notional rate.
Second assumption
The second assumption is that, if an amount of rent assistance was included in the primary payment, that amount were reduced (but not to less than nil) by the rent reduction amount.
Note: For rent assistance and rent reduction amount see subsection (4).
Step 3. Subtract the daily provisional payment rate under step 1 from the notional rate under step 2. The difference is the rate of DFISA on that day.
DFISA rate where primary payment is compensation affected but not prescribed
(2) The rate of DFISA on a day that is on or after 20 September 2004 is worked out using method statement 2 in this subsection if:
(a) Part 3.14 of the Social Security Act (compensation recovery) applies to reduce the rate of the primary payment on that day; and
(b) the primary payment is not a social security pension or social security benefit that is prescribed for the purposes of this section.
Note: For primary payment see section 118NB.
Method Statement 2
Step 1. Work out the daily provisional payment rate for the primary payment on that day.
Note: For daily provisional payment rate see subsection (4).
Step 2. Work out the amount by which Part 3.14 of the Social Security Act reduces the daily primary payment rate on that day.
Step 3. Subtract the amount in step 2 from the rate in step 1.
Step 4. Work out what would have been the daily provisional payment rate (the notional rate) for the primary payment on that day if the 2 assumptions referred to in step 2 of method statement 1 in subsection (1) were made.
Step 5. Work out the amount by which Part 3.14 of the Social Security Act would have reduced the notional rate on that day if that rate had been the daily primary payment rate.
Step 6. Subtract the amount in step 5 from the rate in step 4.
Step 7. Subtract the amount in step 3 from the amount in step 6. The difference is the rate of DFISA on that day.
Regulations may prescribe other ways of calculating rate of DFISA
(3) The regulations may prescribe a social security pension or social security benefit for the purposes of this section. If the regulations do so, the regulations must also prescribe the method to work out the daily rate of DFISA that is payable in relation to that pension or benefit.
Note: For social security pension and social security benefit see section 5Q.
Definitions
(4) In this section:
daily provisional payment rate means the provisional payment rate, provisional annual payment rate or provisional fortnightly payment rate referred to in the Rate Calculator used under the Social Security Act to work out the rate of the primary payment, converted to a daily rate by dividing the rate by 364 (for a provisional annual payment rate) or 14 (for a provisional fortnightly payment rate).
rent assistance has the same meaning as in the Social Security Act.
rent reduction amount is the amount that would be a person’s income reduction under the Social Security Act if that income reduction were worked out by applying the same income test or ordinary income test that was used under that Act in calculating the person’s primary payment, but applying that test on the basis that the adjusted disability pension payable to the person, or the person’s partner, were the person’s only ordinary income for the purposes of that Act.
Subdivision C—Special rules for the Social Security Act
118ND Bereavement payments under the Social Security Act
Increase of bereavement payments to take account of DFISA
(1) If, immediately before a person dies:
(a) a social security pension or social security benefit was payable to the person; and
(b) DFISA was payable to the person;
then, for the purposes of the bereavement payment provisions of the Social Security Act, the rate of the pension or benefit that, if the person had not died, would have been payable to the person on a day during the bereavement period is increased by the rate of DFISA that would also have been payable to the person on that day.
Note 1: For social security pension and social security benefit see section 5Q.
Note 2: For bereavement payment provision and bereavement period see subsection (4).
DFISA paid to person after the person dies
(2) If:
(a) a person is qualified for payments under a bereavement payment provision of the Social Security Act in relation to the death of the person’s partner; and
(b) after the person’s partner died, an amount of DFISA to which the partner would have been entitled if the partner had not died has been paid under this Part; and
(c) the Social Security Secretary is not satisfied that the person has not had the benefit of the DFISA amount;
the following provisions have effect:
(d) the DFISA amount is not recoverable from the person or from the personal representative of the person’s partner, except to the extent (if any) that the DFISA amount exceeds the amount payable to the person under the bereavement payment provision;
(e) the amount payable to the person under the bereavement payment provision is to be reduced by the DFISA amount.
Note: For bereavement payment provision and Social Security Secretary see subsection (4).
Financial institutions not liable
(3) If:
(a) a person is qualified for payments under a bereavement payment provision of the Social Security Act in relation to the death of the person’s partner; and
(b) the amount of DFISA to which the person’s partner would have been entitled if the person’s partner had not died has been paid under this Part into an account with a financial institution within the bereavement period referred to in the bereavement payment provision; and
(c) the financial institution pays to the person, out of the account, an amount not exceeding the total of the DFISA amounts paid as mentioned in paragraph (b);
the financial institution is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person’s partner or anyone else in respect of the payment of that money to the person.
Definitions
(4) In this section:
bereavement payment provisions of the Social Security Act means the following provisions of that Act:
(a) Division 9 of Part 2.2 (age pension);
(b) Division 10 of Part 2.3 (disability support pension);
(c) Division 9 of Part 2.4 (wife pension);
(d) Division 9 of Part 2.5 (carer payment);
(e) Division 9 of Part 2.7 (bereavement allowance);
(f) Division 9 of Part 2.8 (widow B pension);
(g) Division 9 of Part 2.10 (parenting payment);
(h) Division 10 of Part 2.11 (youth allowance);
(i) Division 10 of Part 2.11A (austudy);
(j) Division 9 of Part 2.12 (newstart);
(k) Division 11 of Part 2.12B (mature age allowance);
(l) Division 9 of Part 2.14 (sickness allowance);
(m) Division 9 of Part 2.15 (special benefit);
(n) Division 9 of Part 2.15A (partner allowance);
(o) Division 10 of Part 2.16 (special needs pension).
bereavement period has the meaning given by subsection 21(2) of the Social Security Act.
Social Security Secretary means the Secretary of the Department administered by the Minister who administers the Social Security Act.
118NE Remote Area Allowance under the Social Security Act
(1) If, on a day that is on or after 20 September 2004:
(a) adjusted disability pension is payable to a person or a person’s partner; and
(b) a social security pension or social security benefit is payable to the person; and
(c) the rate of the social security pension or social security benefit is nil; and
(d) the rate of the social security pension or social security benefit would not be nil if the 2 assumptions (that relate to the adjusted disability pension) referred to in step 2 of method statement 1 in subsection 118NC(1) were made;
then, for the purposes of the remote area allowance provisions of the Social Security Act, the rate of the social security pension or social security benefit on that day is taken to be greater than nil.
Definitions
(2) In this section:
remote area allowance provisions of the Social Security Act means the following provisions of that Act:
(a) point 1064‑H1;
(b) point 1065‑E1;
(c) point 1066‑H1;
(d) point 1066A‑I1;
(e) point 1066B‑F1;
(f) point 1067G‑K1;
(g) point 1067L‑F1;
(h) point 1068‑J1;
(i) point 1068A‑F1;
(j) point 1068B‑G1.
Subdivision A—Payment of DFISA bonus
(1) DFISA bonus is payable to a person if:
(a) on a day (the critical day) that is on or after 20 September 2004, adjusted disability pension is payable to the person or the person’s partner; and
(b) on the critical day, social security age pension becomes payable to the person; and
(c) on or after the critical day, social security pension bonus is granted to the person in relation to that age pension; and
(d) the adjusted disability pension reduces (including to nil) the amount of that pension bonus.
Note: For adjusted disability pension, partner, social security age pension and social security pension bonus see section 118NA.
(2) However, DFISA bonus is not payable to the person if, on the critical day, section 1129 of the Social Security Act (financial hardship) applies to the person in relation to that age pension.
118NG When DFISA bonus is to be paid
DFISA bonus is to be paid on:
(a) the first pension payday after the social security pension bonus was granted; or
(b) if the Commission considers it is not practicable to pay the DFISA bonus on that payday—the next practicable day.
Note: For pension payday see section 5Q.
118NH Payment of bonus after death
(1) This section sets out the only circumstances in which DFISA bonus will be payable after the death of the person concerned.
DFISA bonus payable before person dies
(2) If:
(a) DFISA bonus is payable to a person; and
(b) the person dies; and
(c) at the time of the person’s death, the person had not received the DFISA bonus;
the bonus is payable to the legal personal representative of the person.
Liability of Commonwealth
(3) If DFISA bonus is paid under subsection (2), the Commonwealth has no further liability to any person in respect of that bonus.
Subdivision B—Amount of DFISA bonus
(1) The amount of DFISA bonus for a person is worked out as follows:
Method Statement
Step 1. Work out the amount of social security pension bonus payable to the person.
Step 2. Work out the amount of social security pension bonus (the notional pension bonus) that would have been payable to the person if the adjusted disability pension payable to the person, or the person’s partner, were an excluded amount.
Note: For excluded amount see section 118NA.
Step 3. Subtract the amount of the pension bonus under step 1 from the amount of the notional pension bonus in step 2. The difference is the amount of the DFISA bonus.
Division 4—DFISA‑like payments etc. under regulations
118NJ DFISA‑like payments etc. under regulations
DFISA‑like payments
(1) The regulations may make provision for and in relation to a payment (DFISA‑like payment) to a person on a day that is on or after 20 September 2004 if:
(a) adjusted disability pension is payable to the person, or the person’s partner, on that day; and
(b) either:
(i) a payment (the primary payment) under a Commonwealth scheme is payable to the person on that day but, because of the adjusted disability pension, the rate of the primary payment is reduced (including to nil); or
(ii) apart from the adjusted disability pension, a payment (the primary payment) under a Commonwealth scheme would be payable to the person on that day.
Note 1: For adjusted disability pension and partner see section 118NA.
Note 2: For Commonwealth scheme see subsection (3).
Secondary benefits
(2) The regulations may also make provision for and in relation to a payment, or the provision of a non‑financial benefit, to the person on a day that is on or after 20 September 2004 if:
(a) a payment (other than the primary payment) or a non‑financial benefit is not payable or provided to the person on that day under the Commonwealth scheme or another Commonwealth scheme, but only because the primary payment is not payable to the person on that day; and
(b) the 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
(c) a DFISA‑like payment is payable to the person on that day.
(3) In this section:
Commonwealth scheme means:
(a) an Act; or
(b) regulations or an instrument made under an Act; or
(c) a program administered by the Commonwealth.
Part VIIAC—Utilities allowance
Division 1—Eligibility for and payability of utilities allowance
In this Part:
utilities allowance test day means:
(a) 20 March; and
(b) 20 September.
118OA Eligibility for utilities allowance
(1) A person is eligible for utilities allowance if:
(a) the person has reached qualifying age (see subsection (2); and
(b) a service pension or an income support supplement is payable to the person; and
(c) the person:
(i) is in Australia; or
(ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks.
(2) For the purposes of paragraph (1)(a), the qualifying age for a person is:
(a) if the person is a veteran—the pension age for that person; or
(b) if the person is not a veteran—the age that would be the pension age for that person if he or she were a veteran.
Note: For pension age see section 5QA.
118OB When utilities allowance is payable
(1) Utilities allowance is payable to a person in relation to each utilities allowance test day on which the person is eligible for the allowance.
(2) However, utilities allowance is not payable to the person in relation to that day if:
(a) before that day, 2 instalments of any, or any combination, of the following allowances were payable to the person in the financial year in which that day occurs:
(i) utilities allowance under this Act;
(ii) utilities allowance under the Social Security Act;
(iii) seniors concession allowance under this Act;
(iv) seniors concession allowance under the Social Security Act; or
(b) before that day:
(i) the person had elected not to be covered by this Part; and
(ii) that election had not been withdrawn.
(3) An election, or a withdrawal of an election, under paragraph (2)(b):
(a) must be by document lodged at an office of the Department in Australia in accordance with section 5T; and
(b) is taken to have been made on a day determined under that section.
Division 2—Rate of utilities allowance
118OC Rate of utilities allowance
A person’s annual rate of utilities allowance is worked out using the following table:
|
Utilities allowance rate table | ||
|
Column 1 |
Column 2 |
Column 3 |
|
Item |
Person’s situation |
Annual rate |
|
1 |
not a member of a couple |
$100 |
|
2 |
member of an illness separated couple |
$100 |
|
3 |
member of a respite care couple |
$100 |
|
4 |
member of a couple (other than an illness separated couple or a respite care couple) |
half the rate specified in column 3 of item 1 |
Note: The annual rates of utilities allowance are indexed twice a year in line with CPI increases (see section 198E).
Division 3—Payment of utilities allowance
118OD Payment of utilities allowance by instalments
(1) Utilities allowance is to be paid by instalments.
(2) If utilities allowance is payable to a person in relation to a utilities allowance test day, then an instalment of the allowance is to be paid to the person on the person’s first pension payday on or after that test day.
(3) The amount of an instalment of utilities allowance is worked out by dividing the amount of the annual rate of utilities allowance by 2.
(4) If the amount of the instalment is not a multiple of 10 cents, the amount is to be increased to the nearest multiple of 10 cents.
Part VIIAD—Seniors concession allowance
Division 1—Eligibility for and payability of seniors concession allowance
In this Part:
seniors concession allowance test day means:
(a) 1 June; and
(b) 1 December.
118PA Eligibility for seniors concession allowance
(1) A person is eligible for seniors concession allowance if:
(a) the person is the holder of a seniors health card and is in Australia; or
(b) all of the following apply to the person:
(i) the person is temporarily absent from Australia;
(ii) the person has been so for a continuous period not exceeding 13 weeks;
(iii) the person was the holder of a seniors health card immediately before leaving Australia; or
(c) the person is covered by subsection (2) and is in Australia; or
(d) all of the following apply to the person:
(i) the person is temporarily absent from Australia;
(ii) the person has been so for a continuous period not exceeding 13 weeks;
(iii) the person was covered by subsection (2) immediately before leaving Australia.
(2) A person is covered by this subsection if:
(a) the person is the holder of a gold card; and
(b) the person has reached qualifying age (within the meaning of section 118OA); and
(c) all of the following conditions are satisfied in relation to the person:
(i) the person is not eligible for seniors concession allowance under paragraph (1)(a) or (b);
(ii) the person is not qualified for seniors concession allowance under the Social Security Act;
(iii) the person is not eligible for utilities allowance under this Act;
(iv) the person is not qualified for utilities allowance under the Social Security Act.
(3) In this section:
gold card means a card known as the Repatriation Health Card ‑ For All Conditions that evidences a person’s eligibility, under this Act or the Military Rehabilitation and Compensation Act 2004, to be provided with treatment for all injuries or diseases.
118PB When seniors concession allowance is payable
(1) Seniors concession allowance is payable to a person in relation to each seniors concession allowance test day on which the person is eligible for the allowance.
(2) However, seniors concession allowance is not payable to the person in relation to that day if:
(a) before that day, 2 instalments of any, or any combination, of the following allowances were payable to the person in the financial year in which that day occurs:
(i) seniors concession allowance under this Act;
(ii) seniors concession allowance under the Social Security Act;
(iii) utilities allowance under this Act;
(iv) utilities allowance under the Social Security Act; or
(b) before that day:
(i) the person had elected not to be covered by this Part; and
(ii) that election had not been withdrawn; or
(c) subsection 122A(1C) (failing to nominate a bank account) applies to the person.
(3) An election, or a withdrawal of an election, under paragraph (2)(b):
(a) must be by document lodged at an office of the Department in Australia in accordance with section 5T; and
(b) is taken to have been made on a day determined under that section.
Division 2—Rate of seniors concession allowance
118PC Rate of seniors concession allowance
A person’s annual rate of seniors concession allowance is $200.
Note: The annual rate of seniors concession allowance is indexed twice a year in line with CPI increases (see section 198E).
Division 3—Payment of seniors concession allowance
118PD Payment of seniors concession allowance by instalments
(1) Seniors concession allowance is to be paid by instalments.
(2) An instalment of seniors concession allowance is to be paid to a person as soon as is reasonably practicable on or after the seniors concession allowance test day in relation to which the allowance is payable to the person.
(3) The amount of an instalment of seniors concession allowance is worked out by dividing the amount of the annual rate of seniors concession allowance by 2.
(4) If the amount of the instalment is not a multiple of 10 cents, the amount is to be increased to the nearest multiple of 10 cents.
Division 1—Eligibility for and payability of telephone allowance
118Q Eligibility for telephone allowance
Service pensioners
(1) A person is eligible for a telephone allowance if:
(a) the person is a service pensioner; and
(b) the person is eligible for fringe benefits under section 53A; and
(c) the person is a telephone subscriber.
Note: for telephone subscriber see subsection (4).
Certain Part II and Part IV pensioners
(2) A person is eligible for a telephone allowance if:
(a) the person is eligible for a pension under Part II or Part IV:
(i) at a rate specified in subsection 22(4) (extreme disablement adjustment rate); or
(ii) at the rate specified in section 24 (special rate); or
(iii) the rate of which is increased under subsection 27(2) by an amount specified in any of items 1 to 8 of the Table in subsection 27(1); or
(iv) at the rate specified in subsection 30(1) (certain war widows and war widowers rate); and
(b) the person is a telephone subscriber.
Note 1: for telephone subscriber see subsection (4).
Note 2: the rate specified in section 24 is the rate for people to whom section 25 applies (temporary payment at special rate) as well as for people to whom section 24 applies (see subsection 25(2)).
World War 1 veterans
(3) A person is eligible for a telephone allowance if:
(a) the person is:
(i) a veteran who rendered eligible war service during World War 1; or
(ii) a Commonwealth veteran who rendered continuous full‑time service during World War 1; or
(iii) an allied veteran who rendered continuous full‑time service during World War 1; and
(b) the person is a telephone subscriber.
Note 1: for telephone subscriber see subsection (4).
Note 2: for World War 1 see subsections 5B(1) and (3).
Note 3: in addition to the categories of eligibility described in subsections (1) to (3), World War 1 Australian mariners may be eligible for telephone allowance under a determination made under subsection 5R(1).
(3AA) A person is eligible for a telephone allowance if:
(a) either:
(i) the person is the holder of a seniors health card; or
(ii) the person is absent from Australia and was the holder of a seniors health card immediately before leaving Australia; and
(b) the person is a telephone subscriber.
People leaving Australia otherwise than temporarily
(3A) A person who leaves Australia otherwise than temporarily is not eligible for a telephone allowance on or after the next telephone allowance payday.
Temporary absence from Australia
(3B) A person who is temporarily absent from Australia and has been so absent for more than 26 weeks is not eligible for an instalment of telephone allowance that, apart from this subsection, would be payable on a telephone allowance payday occurring after the first 26 weeks of the absence.
(4) In this section:
telephone subscriber means a person:
(a) who is an Australian resident; and
(b) who has a telephone service connected in Australia; and
(c) the telephone service is connected:
(i) in that person’s name; or
(ii) if subparagraph (i) does not apply to the person and the person is a non‑illness separated spouse—in the name of the person to whom the person is legally married; or
(iii) if neither (i) nor (ii) applies to the person and the person is a member of a couple—in the name of the person’s partner.
Note: for Australian resident see section 5G.
118R Telephone allowance not payable in some circumstances
Even though a person is eligible for a telephone allowance, the allowance is not payable to the person:
(a) if the person is receiving a telephone allowance under the Social Security Act or the MRCA; or
(b) if:
(i) the person is a service pensioner; and
(ii) the person is a member of a couple; and
(iii) the person’s partner is receiving a telephone allowance because of subsection 118Q(3) or a determination under subsection 5R(1).
Note 1: subsection 118Q(3) covers certain categories of World War 1 veterans.
Note 2: the relevant determination under subsection 5R(1) provides eligibility for telephone allowance to certain categories of World War 1 Australian mariners.
Division 2—Rate of telephone allowance
118S Rate of telephone allowance
(1) Subject to subsections (2), (3) and (4), the rate of telephone allowance is $51.80 per year.
Note: the amount specified in subsection (1) is indexed annually in line with CPI increases under section 198F.
(2) Subject to subsection (3), the rate of telephone allowance for a person is half the amount of the rate specified in subsection (1) if:
(a) the person is a service pensioner; and
(b) the person is eligible for fringe benefits under section 53A; and
(c) the person is a member of a couple; and
(d) the person’s partner is receiving a telephone allowance under:
(i) this Act; or
(ia) the MRCA; or
(ii) the Social Security Act; and
(e) the person is living with the person’s partner in the same home.
(3) If a person is eligible for a telephone allowance because of subsection 118Q(3) or a determination under subsection 5R(1), the person’s rate of telephone allowance per year is the amount equal to the person’s annual telephone rental charge for one telephone service.
Note 1: subsection 118Q(3) covers certain categories of World War 1 veterans.
Note 2: the relevant determination under subsection 5R(1) provides eligibility for telephone allowance to certain categories of World War 1 Australian mariners.
(4) The rate of telephone allowance for a person is half the amount of the rate specified in subsection (1) if:
(a) the person is the holder of a seniors health card; and
(b) the person is a member of a couple; and
(c) the person’s partner is receiving a telephone allowance under:
(i) this Act; or
(ia) the MRCA; or
(ii) the Social Security Act; and
(d) the person is living with the person’s partner in the same home.
Division 3—Payment of telephone allowance
(1) A full instalment of telephone allowance is payable to a person on each telephone allowance payday on which:
(a) the person is eligible for the allowance; and
(b) the allowance is payable to the person.
(2) In this section:
telephone allowance payday means the first pension payday that falls on or after:
(a) 1 January; and
(b) 20 March; and
(c) 1 July; and
(d) 20 September.
118U Calculation of amount of instalment
(1) The amount of an instalment of telephone allowance is the amount worked out by dividing the amount of the annual rate of telephone allowance by 4.
(2) If the amount that is payable to a person on a pension payday is not a multiple of 10 cents, the amount is to be increased to the nearest multiple of 10 cents.
Division 1—Eligibility for and entitlement to a seniors health card
118V Eligibility for seniors health card
(1) A person is eligible for a seniors health card if the person:
(a) is a veteran; and
(b) has rendered qualifying service; and
(c) has reached pension age; and
(d) is an Australian resident; and
(e) is in Australia; and
(f) is not receiving a service pension; and
(g) is not receiving a social security pension or benefit; and
(h) satisfies the seniors health card income test.
Note 1: For qualifying service see section 7A.
Note 2: For Australian resident see section 5G.
Note 3: For seniors health card income test see section 118ZZA.
Note 4: For pension age see section 5QA.
(1A) A person is eligible for a seniors health card if the person:
(a) is a war widow or a war widower; and
(b) has reached qualifying age; and
(c) is an Australian resident; and
(d) is in Australia; and
(e) is not receiving income support supplement; and
(f) satisfies the seniors health card income test; and
(g) is not eligible for a seniors health card under subsection (1).
Note 1: For Australian resident see section 5G.
Note 2: For seniors health card income test see section 118ZAA.
Note 3: For war widow and war widower see subsection 5E(1).
Partner of person eligible for card under subsection (1)
(2) A person is eligible for a seniors health card if:
(a) the person is a member of a couple; and
(b) the person’s partner is eligible for a seniors health card under subsection (1); and
(c) the person has reached:
(i) if the person is not a veteran—pension age; or
(ii) if the person is a veteran—the age that would be the pension age for that person if he or she were not a veteran; and
(d) the person is an Australian resident; and
(e) the person is in Australia; and
(f) the person is not receiving a service pension; and
(g) the person is not receiving a social security pension or benefit; and
(h) the person satisfies the seniors health card income test; and
(i) the person is not eligible for a seniors health card under subsection (1) or (1A).
Note 1: For member of couple and partner see section 5E.
Note 3: For Australian resident see section 5G.
Note 4: For seniors health card income test see section 118ZZA.
Note 5: For pension age see section 5QB.
(3) A person is eligible for a seniors health card if:
(a) the person is:
(i) the non‑illness separated spouse of a person who is receiving an age or invalidity service pension; or
(ii) the non‑illness separated spouse of a person who is eligible for a seniors health card under subsection (1); or
(iii) a widow or widower of a veteran; and
(b) the person is eligible for a partner service pension; and
(c) the person has reached:
(i) if the person is not a veteran—pension age; or
(ii) if the person is a veteran—the age that would be the pension age for that person if he or she were not a veteran; and
(d) the person is an Australian resident; and
(e) the person is in Australia; and
(f) the person is not receiving a service pension; and
(g) the person is not receiving a social security pension or benefit; and
(h) the person satisfies the seniors health card income test; and
(i) the person is not eligible for a seniors health card under subsection (1) or (1A).
Note 1: For non‑illness separated spouse, widow and widower see subsection 5E(1).
Note 2: For veteran see subsection 5C(1).
Note 3: For pension age see section 5QB.
Note 4: For Australian resident see section 5G.
Note 5: For seniors health card income test see section 118ZZA.
(4) A person is not eligible for a seniors health card at a particular test time if:
(a) the person has failed to comply with section 118ZJA in respect of the reference tax year; or
(b) where the person has made an estimate of taxable income for the reference tax year and the estimate was accepted—the person did not give the Commission a copy of a notice of assessment of the person’s taxable income for that tax year within 12 months after the end of that tax year.
(4A) In subsection (1A), qualifying age has the meaning given by subsection 45A(2)).
(5) In subsection (4):
taxable income, test time and reference tax year have the same meanings as in the Seniors Health Card Income Test Calculator.
118W Entitlement to a seniors health card
Even though a person is eligible for a seniors health card, it is only if the person is the holder of a seniors health card that benefits and concessions of various kinds relating to the person’s health may be made available to the person by the Commonwealth.
Note 1: If there is a determination in force that a person is entitled to a seniors health card, the person is the holder of a seniors health card. For holder of a seniors health card see section 5PB.
Note 2: A person who is the holder of a seniors health card generally has access to concessional pharmaceutical benefits under the National Health Act 1953.
118X Social Security cardholder not entitled
If a person is the holder of a seniors health card within the meaning of the Social Security Act, the person is not entitled to a seniors health card under this Act.
Division 2—Claim for seniors health card
A person who wants to be granted a seniors health card must make a proper claim.
Note: For proper claim see section 118ZA (form), section 118ZB (manner of lodgment) and section 118ZC (residence/presence in Australia).
(1) Subject to subsection (2), a claim must be made by:
(a) the person who wants to be granted a seniors health card; or
(b) with the approval of the person—another person on the person’s behalf.
(2) If the person is unable, because of physical or mental incapacity, to approve another person to make the claim on his or her behalf, the Commission may approve another person to make the claim.
(1) To be a proper claim, the claim must be:
(a) made in writing; and
(b) in accordance with a form approved by the Commission; and
(c) accompanied by any evidence available to the claimant that the claimant considers may be relevant to the claim; and
(d) lodged at an office of the Department in Australia in accordance with section 5T.
(2) A claim lodged in accordance with section 5T is taken to have been made on a day determined under that section.
118ZC Claimant must be an Australian resident and in Australia
A claim is not a proper claim unless the person making the claim, or on whose behalf the claim is being made, is:
(a) an Australian resident; and
(b) in Australia;
on the day on which the claim is lodged.
Note: For Australian resident see section 5G.
(1) A claimant for a seniors health card or a person on behalf of a claimant may withdraw a claim that has not been determined.
(2) A claim that is withdrawn is taken to have not been made.
(3) A withdrawal may be made either orally or by document lodged at an office of the Department in Australia in accordance with section 5T.
(4) A withdrawal made by lodging a document in accordance with section 5T is taken to have been so made on a day determined under that section.
Oral withdrawal of a claim
(5) An oral withdrawal of a claim must be made to a person in an office of the Department in Australia.
Acknowledgment of oral withdrawal of a claim
(6) As soon as practicable after receiving an oral withdrawal of a claim, the Secretary must give the claimant an acknowledgment notice in writing stating that:
(a) an oral withdrawal of the claim was made; and
(b) the claimant, or a person on behalf of the claimant, may, within 28 days from the day the acknowledgment notice is given, request the Secretary to treat the withdrawal as if it had not been made.
Reactivating the withdrawn claim
(7) If, within 28 days from the day on which the Secretary gave the acknowledgment notice, a claimant, or a person on behalf of a claimant, requests the Secretary to treat the oral withdrawal of the claim as if it had not been made, the oral withdrawal is taken not to have been made.
Note: A request made under paragraph (6)(b) has the effect of reactivating the claim. In particular, the commencement day of the claim stays the same.
Division 3—Investigation of claim
118ZE Secretary to investigate claim and submit it to Commission
(1) If a person makes a proper claim for a seniors health card, the Secretary must investigate the matters to which the claim relates.
(2) When the investigation is completed, the Secretary must submit the claim to the Commission for consideration and determination.
(3) When the claim is submitted to the Commission it must be accompanied by:
(a) any evidence supplied by the claimant in support of the claim; and
(b) any documents or other evidence obtained by the Department in the course of the investigation that are relevant to the claim; and
(c) any other documents or other evidence under the control of the Department that are relevant to the claim.
Division 4—Consideration and determination of claim
118ZF Duties of Commission in relation to claim
(1) When the claim is submitted to the Commission, the Commission must consider all matters that are, in the Commission’s opinion, relevant to the claim and must then determine the claim.
(2) In considering the claim, the Commission must:
(a) satisfy itself with respect to; or
(b) determine;
(as the case requires) all matters relevant to the determination of the claim.
(3) Without limiting subsection (1), the Commission, in considering the claim, must consider:
(a) the evidence submitted with the claim under section 118ZE; and
(b) any further evidence subsequently submitted to the Commission in relation to the claim.
Note: A claimant may apply to the Commission for review of a determination made under this section (see section 118ZS).
118ZG Entitlement determination
Subject to section 118X, the Commission is to determine that a person is entitled to a seniors health card if the Commission is satisfied that the person is eligible for the card.
118ZH Date of effect of determination
A determination under section 118ZG takes effect on the day on which the determination is made or on such later day or earlier day as is specified in the determination.
Division 5—Cardholder’s obligations
118ZI Secretary may require notice of the happening of event or a change in circumstances
(1) The Secretary may give a person who is the holder of a seniors health card a notice that requires the person to inform the Department, or an officer specified in the notice, if:
(a) a specified event or change of circumstances occurs; or
(b) the person becomes aware that a specified event or change of circumstances is likely to occur.
Note: For holder of a seniors health card see section 5PB.
(2) An event or change of circumstances is not to be specified in a notice under subsection (1) unless the occurrence of the event or change of circumstances might affect whether the person is eligible for the card.
(3) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) subject to subsection (3A), must specify how the person is to give the information to the Department or specified officer; and
(d) must specify the period within which the person is to give the information to the Department or specified officer.
(3A) A document lodged as a consequence of a notice issued under subsection (1) that requires a person to inform the Department in writing of the occurrence, or likely occurrence, of a specified event or change of circumstances:
(a) is to be lodged at an office of the Department in Australia in accordance with section 5T; and
(b) is taken to have been lodged on a day determined under that section.
(4) The period specified under paragraph (3)(d) must end at least 14 days after:
(a) the day on which the event or change of circumstances occurs; or
(b) the day on which the person becomes aware that the event or change of circumstances is likely to occur.
(5) A person must not fail to comply with a notice under subsection (1).
Penalty: Imprisonment for 6 months.
(5A) An offence under subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(5B) Subsection (5) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (5B). See subsection 13.3(3) of the Criminal Code.
(5C) Subsection (5) does not apply to the extent that the person is not capable of complying with the notice.
Note: The defendant bears an evidential burden in relation to the matter in subsection (5C). See subsection 13.3(3) of the Criminal Code.
(6) A person must not, in purported compliance with a notice under subsection (1), knowingly furnish information that is false or misleading in a material particular.
Penalty: Imprisonment for 12 months.
Note: Subsections 4B(2) and (3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.
(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.
(8) In this section, officer means a person performing duties, or exercising powers or functions, under or in relation to this Act.
118ZJ Secretary may require particular information relevant to eligibility for seniors health card
(1) The Secretary may give a person who is the holder of a seniors health card a notice that requires the person to give the Department, or an officer specified in the notice, a statement in writing about a matter that might affect whether the person is eligible for the card.
Note: For holder of a seniors health card see section 5PB.
(2) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) subject to subsection (3A), must specify how the statement is to be given to the Department or specified officer; and
(d) must specify the period within which the person is to give the statement to the Department or specified officer.
(3) The period specified under paragraph (2)(d) must end at least 14 days after the day on which the notice is given.
(3A) A document lodged as a consequence of a notice issued under subsection (1) that requires a person to give the Department a statement about a matter of a kind specified in that subsection:
(a) is to be lodged at an office of the Department in Australia in accordance with section 5T; and
(b) is taken to have been lodged on a day determined under that section.
(4) A statement given in response to a notice under subsection (1) must be in accordance with a form approved by the Commission.
(5) A person must not fail to comply with a notice under subsection (1).
Penalty: Imprisonment for 6 months.
(5A) An offence under subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(5B) Subsection (5) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (5B). See subsection 13.3(3) of the Criminal Code.
(5C) Subsection (5) does not apply to the extent that the person is not capable of complying with the notice.
Note: The defendant bears an evidential burden in relation to the matter in subsection (5C). See subsection 13.3(3) of the Criminal Code.
(6) A person must not, in purported compliance with a notice under subsection (1), knowingly furnish information that is false or misleading in a material particular.
Penalty: Imprisonment for 12 months.
Note: Subsections 4B(2) and (3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.
(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.
(8) In this section, officer means a person performing duties, or exercising powers or functions, under or in relation to this Act.
118ZJA When copy of notice of assessment of taxable income to be given to Department
(1) If a person who is the holder of a seniors health card receives a notice of assessment or amended assessment of his or her taxable income for a particular tax year, the person must, if requested by the Secretary to do so, give a copy of the notice to the Department within 3 months after the day on which the notice was received.
(2) In this section:
taxable income has the same meaning as in the Seniors Health Card Income Test Calculator.
Division 6—Continuation, variation and termination
118ZK Continuing effect of determination
A determination that a person is entitled to a seniors health card continues in effect until:
(a) the person ceases to be entitled to the card under section 118ZL or 118ZM; or
(b) a further determination under section 118ZN or 118ZO has taken effect.
118ZL Person ceases to be entitled to card automatically—recipient complying with section 118ZI notification obligations
If:
(a) a person who is the holder of a seniors health card is given a notice under section 118ZI; and
(b) the notice requires the person to inform the Department or a specified officer of the occurrence of an event or change in circumstances within a specified period (the notification period); and
(c) the event or change in circumstances occurs; and
(d) the person informs the Department or specified officer of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change in circumstances, the person ceases to be eligible for the card; and
(f) a determination is not made that the person ceases to be entitled to the card before the end of the notification period;
the person continues to be entitled to the card until the end of the notification period and the person then ceases to be entitled to the card.
Note: For holder of a seniors health card see section 5PB.
118ZM Person ceases to be entitled to card automatically—recipient not complying with section 118ZI notification obligations
If:
(a) a person who is the holder of a seniors health card is given a notice under section 118ZI; and
(b) the notice requires the person to inform the Department or a specified officer of the occurrence of an event or change in circumstances within a specified period (the notification period); and
(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department or specified officer of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or the change in circumstances the person ceases to be eligible for the card;
the person ceases to be entitled to the card immediately after the day on which the event or change in circumstances occurs.
Note: For holder of a seniors health card see section 5PB.
118ZN Determination that a person ceases to be entitled to a seniors health card
(1) If the Commission is satisfied that a person is, or was, the holder of a seniors health card when the person is not, or was not, eligible for the card, the Commission is to determine that the person ceases to be entitled to the card.
Note 1: For holder of a seniors health card see section 5PB.
Note 2: A determination under this section is not necessary in a case where an automatic loss of eligibility is produced by section 118ZL or 118ZM.
Note 3: For the date of effect of a determination under this section see section 118ZR.
(2) A determination under subsection (1) must be in writing.
118ZO Person may cease to be entitled to a seniors health card for failure to comply with section 118ZJ notice
(1) If:
(a) a person who is the holder of a seniors health card is given a notice under section 118ZJ; and
(b) the person does not comply with the requirements set out in the notice;
the Commission may determine that the person ceases to be entitled to the card.
Note 1: For holder of a seniors health card see section 5PB.
Note 2: This section will not apply in a case where section 118ZN applies.
Note 3: For the date of effect of a determination under this section see section 118ZR.
(2) A determination under subsection (1) must be in writing.
118ZP Resumption of entitlement
(1) If the Commission:
(a) determines that a person ceases to be entitled to a seniors health card under section 118ZN or 118ZO; and
(b) reconsiders that decision; and
(c) becomes satisfied that because of that decision:
(i) the person was not entitled to a seniors health card when in fact the person was eligible for the card; or
(ii) the person is not entitled to a seniors health card when in fact the person is eligible for the card;
the Commission is to determine that the person was or is entitled to the card.
(2) The reconsideration referred to in paragraph (1)(b) might be a reconsideration on a claim under section 118ZS for review or a reconsideration on the Commission’s own initiative.
(3) A determination under subsection (1) must be in writing.
Note: For the date of effect of a determination under this section see section 118ZQ.
118ZQ Date of effect of favourable determination
A determination under section 118ZP takes effect on the day on which the determination is made or on such later day or earlier day as is specified in the determination.
118ZR Date of effect of adverse determination
(1) The day on which a determination under section 118ZN or 118ZO (the adverse determination) takes effect is worked out in accordance with this section.
(2) The adverse determination takes effect on:
(a) the day on which the determination is made; or
(b) if another day is specified in the determination—on that day.
(3) Subject to subsections (4) and (5), the day specified under paragraph (2)(b) must be later than the day on which the determination is made.
Contravention of Act
(4) If:
(a) the person’s entitlement to a seniors health card is affected by the adverse determination and the person has contravened a provision of this Act (other than subsection 118ZI(5), 118ZJ(5) or 128(4)); and
(b) th