Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1 -- Main amendments relating to transitional and application issues
1 Section 5 (index of definitions)
Insert in their appropriate alphabetical positions, determined on a letter - by - letter basis:
CTPA | 5Q(1) |
Military Rehabilitation and Compensation Commission | 5Q(1) |
5Q(1) | |
5Q(1) | |
relates to service | 5Q(1B) and (1C) |
2 After paragraph 5H(8)(b)
Insert:
(ba) a payment of an instalment of an allowance under section 118A, 118F or 118Q (pharmaceutical and telephone allowance);
3 Paragraph 5H(8)(zb)
Omit "to a veteran".
4 At the end of subsection 5H(8)
Add:
; (zo) a payment under section 47, 56, 81, 205, 214, 217, 226, 239 or 266 of the MRCA to reimburse costs incurred in respect of the provision of goods or services (other than a payment to the person who provided the goods or service);
(zp) a payment (either as a weekly amount or a lump sum) under section 68, 71, 75 or 80 of the MRCA (permanent impairment);
(zq) a payment of a Special Rate Disability Pension under Part 6 of Chapter 4 of the MRCA;
(zr) if subsection 204(5) of the MRCA applies to a person--an amount per fortnight, worked out under section 5I of this Act, that would, apart from this paragraph, be income of the person;
Note: Subsection 204(5) of the MRCA reduces a Special Rate Disability Pension by reference to amounts of Commonwealth superannuation that the person has received or is receiving.
(zs) a payment under the Motor Vehicle Compensation Scheme under section 212 of the MRCA;
(zt) a payment of an allowance under section 221, 245 or 300 of the MRCA (telephone and pharmaceutical allowance);
(zu) a payment of a lump sum mentioned in paragraph 234(1)(a) or subparagraph 234(1)(b)(i), or of a weekly amount mentioned in subparagraph 234(1)(b)(ii), of the MRCA (wholly dependent partner payment);
(zv) a payment under section 242 or 255 of the MRCA (continuing permanent impairment and incapacity etc. payments);
(zw) a payment under section 251 or 253 of the MRCA (eligible young person payment);
(zx) a payment under the scheme set up under section 258 of the MRCA (education scheme for eligible young persons);
(zy) a payment under section 262 of the MRCA (compensation for other dependants);
(zz) a payment under Part 2 of Chapter 6, or Division 2 or 3 of Part 4 of Chapter 6, or subsection 328(4), of the MRCA (compensation for treatment etc.);
(zza) a payment under section 424 of the MRCA (special assistance).
Note: However:
(a) some of the amounts referred to in paragraphs ( 8)(zp), (zq), (zr) and (zu) are counted for the purposes of the hardship rules (see subsection 52Z(3A)); and
(b) the amounts referred to in paragraph ( 8)(zp) are counted for the purposes of rent assistance (see Module C of the Rate Calculator).
5 After section 5H
Insert:
5I Special Rate Disability Pension reduction amount
For the purposes of paragraphs 5H(8)(zr) and 52Z(3A)(i), the amount per fortnight is:
where:
"Special Rate Disability Pension reduction amount" means the amount by which the Special Rate Disability Pension (as reduced under subsection 204(3)) is reduced under subsection 204(6) of the MRCA (but not below zero).
6 Subsection 5Q(1)
Insert:
"CTPA" means the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004.
7 Subsection 5Q(1)
Insert:
"Military Rehabilitation and Compensation Commission" means the Military Rehabilitation and Compensation Commission established under section 361 of the MRCA.
8 Subsection 5Q(1)
Insert:
"MRCA" means the Military Rehabilitation and Compensation Act 2004 .
9 Subsection 5Q(1)
Insert:
"MRCA commencement date" means the date on which section 3 of the MRCA commences.
10 After subsection 5Q(1A)
Insert:
Definition of relates to service for injuries, diseases and deaths
(1B) For the purposes of this Act, an injury, disease or death relates to service rendered by a person if:
(a) it resulted from an occurrence that happened while the person was rendering that service; or
(b) it arose out of, or was attributable to, that service; or
(c) it resulted from an accident that occurred while the person was travelling, while rendering that service but otherwise than in the course of duty, on a journey:
(i) to a place for the purpose of performing duty; or
(ii) away from a place of duty upon having ceased to perform duty; or
(d) in the case of an injury--it resulted from an accident that would not have occurred:
(i) but for the rendering of that service by the person; or
(ii) but for changes in the person's environment consequent upon his or her having rendered that service; or
(e) in the case of a disease--it would not have occurred:
(i) but for the rendering of that service by the person; or
(ii) but for changes in the person's environment consequent upon his or her having rendered that service; or
(f) in the case of a death of a person--it was due to an accident that would not have occurred, or to a disease that would not have been contracted:
(i) but for the rendering of that service by the person; or
(ii) but for changes in the person's environment consequent upon his or her having rendered that service.
Definition of relates to service for aggravations and material contributions
(1C) For the purposes of this Act, an aggravation of, or a material contribution to, an injury or disease relates to service rendered by a person if:
(a) it resulted from an occurrence that happened while the person was rendering that service; or
(b) it arose out of, or was attributable to, that service; or
(c) it resulted from an accident that occurred while the person was travelling, while rendering that service but otherwise than in the course of duty, on a journey:
(i) to a place for the purpose of performing duty; or
(ii) away from a place of duty upon having ceased to perform duty; or
(d) in the case of an aggravation of, or a material contribution to, an injury--it resulted from an accident that would not have occurred:
(i) but for the rendering of that service by the person; or
(ii) but for changes in the person's environment consequent upon his or her having rendered that service; or
(e) in the case of an aggravation of, or a material contribution to, a disease--it would not have occurred:
(i) but for the rendering of that service by the person; or
(ii) but for changes in the person's environment consequent upon his or her having rendered that service.
11 Subsections 8(1) and 9(1)
Omit "Subject to this section,", substitute "Subject to this section and section 9A,".
12 After section 9
Insert:
9A Most war - caused injuries, diseases and deaths no longer covered by this Act
(1) A veteran's injury, disease or death is taken not to be war - caused if:
(a) the injury is sustained, the disease is contracted, or the death occurs, on or after the MRCA commencement date; and
(b) the injury, disease or death either:
(i) relates to service rendered by the person on or after that date; or
(ii) relates to service rendered by the person before, and on or after, that date.
Note: After the MRCA commencement date, compensation is provided under the MRCA (instead of this Act) for such injuries, diseases and deaths.
(2) An injury or disease of a veteran that has been aggravated, or materially contributed to, by service is taken not to be war - caused if:
(a) the aggravation or material contribution occurs on or after the commencement date (even if the original injury is sustained, or the original disease is contracted, before that date); and
(b) the aggravation or material contribution either:
(i) relates to service rendered by the person on or after that date; or
(ii) relates to service rendered by the person before, and on or after, that date; and
(c) if section 12 of the CTPA applies to the veteran--after receiving a notice under that section, the veteran makes a claim under section 319 of the MRCA (or continues with a claim already made under that section) in respect of the aggravated injury or disease.
Note: After the MRCA commencement date, compensation is provided under the MRCA (instead of this Act) for such aggravations and material contributions.
(3) To avoid doubt, service is rendered before, and on or after, the MRCA commencement date whether the service spans the commencement date or is rendered during separate periods before and on or after that date.
13 Paragraph 13(1)(b)
Omit "has become incapacitated", substitute "is incapacitated".
14 After subsection 13(2A)
Insert:
Subsection ( 2A) ceases to apply
(2AA) The Commonwealth is not liable, under subsection ( 2A), to pay a pension to a dependant of a veteran in respect of the veteran's death if the death occurs on or after the MRCA commencement date.
15 After subsection 13(6)
Insert:
Subsection ( 6) ceases to apply
(6A) The Commonwealth is not liable, under subsection ( 6), to pay a pension in respect of a person's death, or the incapacity of a person, if:
(a) either:
(i) the occurrence resulting in the death or incapacity happened on or after the MRCA commencement date; or
(ii) the disease was contracted on or after the MRCA commencement date; and
(b) either:
(i) the occurrence or disease relates to service rendered by the person on or after that date; or
(ii) the occurrence or disease relates to service rendered by the person before, and on or after, that date (whether the service spans the commencement date or is rendered during separate periods before and on or after that date).
16 After subsection 15(1)
Insert:
(1A) However, a veteran who:
(a) receives a notice under section 12 of the CTPA in respect of an aggravation of, or a material contribution to, an injury or disease; and
(b) after receiving the notice, makes a claim under section 319 of the MRCA (or continues with a claim already made under that section) in respect of the aggravation or material contribution;
is not entitled to apply for an increase in the rate of the pension on the ground that the veteran's incapacity has increased because of that aggravation or material contribution.
Note: Under section 12 of the CTPA, a veteran who has a war - caused or defence - caused injury or disease that is aggravated or materially contributed to by service after the MRCA commencement date can choose whether the MRCA or the VEA will apply to the aggravated injury or disease.
16A Subsection 23(5)
Repeal the subsection, substitute:
(5) The rate at which pension is payable to a veteran to whom section 115D applies (veterans working under rehabilitation scheme) is the reduced amount worked out using the following formula:
16B Subsection 24(5)
Repeal the subsection, substitute:
(5) The rate at which pension is payable to a veteran to whom section 115D applies (veterans working under rehabilitation scheme) is the reduced amount worked out using the following formula:
16C Application of items 16A and 16B
The amendments made by items 16A and 16B apply from the pension period that begins after those items commence.
17 Subsection 38(1D)
Repeal the subsection, substitute:
(1D) Subsection ( 1B) does not apply to a person whose partner:
(a) is a veteran to whom section 24 applies; or
(b) is receiving, or eligible to receive, a Special Rate Disability Pension under Part 6 of Chapter 4 of the MRCA.
Note: A person is still eligible to receive a Special Rate Disability Pension even if the amount of the pension is totally offset under section 204 of the MRCA.
18 After paragraph 52(1)(m)
Insert:
(ma) if the person is provided with a motor vehicle under the Motor Vehicle Compensation Scheme under section 212 of the MRCA--the value of that motor vehicle;
19 Subsection 52Z(3A)
After "following payments", insert "and amounts".
20 At the end of subsection 52Z(3A)
Add:
; (g) a payment of a weekly amount under section 68, 71 or 75 of the MRCA (permanent impairment);
(h) a payment of a Special Rate Disability Pension under Part 6 of Chapter 4 of the MRCA;
(i) if subsection 204(5) of the MRCA applies to a person--an amount per fortnight worked out under section 5I of this Act;
(j) a payment of a weekly amount mentioned in subparagraph 234(1)(b)(ii) of the MRCA (wholly dependent partner payment).
Note: Subsection 204(5) of the MRCA reduces a Special Rate Disability Pension by reference to amounts of Commonwealth superannuation that the person has received or is receiving.
21 Subsection 52Z(3A) (note)
Omit "payments referred to in paragraphs ( a) to (e)", substitute "payments and amounts referred to in this subsection".
22 Paragraphs 70(1)(b), 70(5)(d) and 70(5A)(d)
Omit "has become incapacitated", substitute "is incapacitated".
23 At the end of subsections 85(1) and (2)
Add:
Note: A veteran might stop being eligible to be provided with treatment under this Part for an injury or disease if the veteran is entitled to treatment under the MRCA for the injury or disease (see sections 85A and 85B of this Act).
24 Paragraph 85(4)(b)
Before "a veteran", insert "before the MRCA commencement date".
25 After subsection 85(7)
Insert:
(7A) A veteran is eligible to be provided with treatment under this Part for any injury or disease if:
(a) the veteran is receiving a service pension under Part III; and
(b) an impairment suffered by the veteran from one or more service injuries or diseases constitutes at least 30 impairment points (within the meaning of the MRCA); and
(c) the treatment is provided after both paragraphs ( a) and (b) begin to apply to the veteran; and
(d) the veteran is not already being provided with treatment for any injury or disease under Chapter 6 of the MRCA.
26 After section 85
Insert:
85A Treatment under section 279 or 280 of the MRCA for aggravated injuries or diseases
(1) This section applies if:
(a) a person is entitled to treatment for an aggravated injury or disease (within the meaning of the MRCA) under section 279 or 280 of the MRCA; and
(b) apart from this section, the person would also be eligible to be provided with treatment for the original injury or disease under subsection 85(1) or (2) of this Act.
Note: A person who is eligible to be provided with treatment under this Act for any injury or disease would continue to be provided with that treatment.
(2) The person is entitled to treatment only under section 279 or 280 of the MRCA, and not under subsection 85(1) or (2) of this Act, for the original injury or disease during the period in which the person is provided with treatment for the aggravated injury or disease.
(3) During this period, the treatment for the original injury or disease is taken to be treatment to which a person is entitled under Part 3 of Chapter 6 of the MRCA for the purposes of section 289 of that Act ( compensable treatment ) but not for the purposes of section 273 of that Act (compensation for those entitled to treatment).
85B Treatment under section 279 or 280 of the MRCA if a person is entitled to treatment under the VEA for a separate injury or disease
(1) This section applies if:
(a) a person is entitled to treatment for a service injury or disease (within the meaning of the MRCA) under section 279 or 280 of the MRCA; and
(b) apart from this section, the person would also be eligible to be provided with treatment for a separate war - caused or defence - caused injury or disease under subsection 85(1) or (2) of this Act.
Note: A person who is eligible to be provided with treatment under this Act for any injury or disease would continue to be provided with that treatment.
(2) The person is entitled to treatment only under section 279 or 280 of the MRCA, and not under subsection 85(1) or (2) of this Act, for the war - caused or defence - caused injury or disease during the period in which the person is provided with treatment for the service injury or disease.
(3) During this period, the treatment for the war - caused or defence - caused injury or disease is taken to be treatment to which a person is entitled under Part 3 of Chapter 6 of the MRCA for the purposes of section 289 of that Act ( compensable treatment ) but not for the purposes of section 273 of that Act (compensation for those entitled to treatment).
27 Paragraph 86(2)(c)
Repeal the paragraph, substitute:
(c) a deceased veteran was, before the MRCA commencement date, a prisoner of war at a time when the veteran was on operational service;
29 Subsection 91(6)
Omit "approved scheme,", substitute "approved scheme or a determination under paragraph 286(1)(c) of the MRCA,".
30 Subsection 91(8)
Repeal the subsection, substitute:
(8) If the Pharmaceutical Benefits Remuneration Tribunal submits the recommendations and a copy of the report to the Minister:
(a) the Commission may prepare an instrument under subsection ( 2) varying the approved scheme; or
(b) the Military Rehabilitation and Compensation Commission may vary the determination under paragraph 286(1)(c) of the MRCA;
in any manner the relevant Commission considers desirable as a result of its consideration of the recommendations and the report.
31 Paragraph 98B(1)(d)
After "veteran had", insert ", before the MRCA commencement date,".
32 Paragraph 99(2)(c)
After "veteran was", insert ", before the MRCA commencement date,".
33 Subsection 99(3)
Repeal the subsection, substitute:
(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.
34 Subparagraph 99(4)(b)(iii)
After "the Commission", insert "or the Military Rehabilitation and Compensation Commission".
35 After subsection 100(1)
Insert:
(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)).
36 At the end of section 100
Add:
(4) Expressions used in subsection ( 1A) have the same meanings as they have in the MRCA.
37 Subsection 106(2)
Repeal the subsection, substitute:
(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).
38 Subsection 115B(1)
After "classes of veterans", insert "who render service before the MRCA commencement date".
39 At the end of subsection 115B(1)
Add:
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).
39A Section 115D
Repeal the section, substitute:
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).
(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:
39B Subsection 115E(1)
Omit "the application of the pension reduction amount to the rate", substitute "the application of section 115D in respect of the rate".
Note: The heading to section 115E is replaced by the heading " Application for increase in reduced daily pension amount ".
39C Subsection 115E(2)
Omit "to have the pension reduction amount reduced", substitute "to have the reduced daily pension amount under section 115D increased".
39D Subsection 115F(2)
Repeal the subsection, substitute:
(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.
40 At the end of subsection 116A(1)
Add "However, the persons must be the children of veterans who render service before the MRCA commencement date.".
41 Paragraph 118R(a)
After "Social Security Act", insert "or the MRCA".
42 After subparagraphs 118S(2)(d)(i) and (4)(c)(i)
Insert:
(ia) the MRCA; or
43 Subsection 120(7)
Repeal the subsection, substitute:
(7) In this section:
"hazardous service" means service in the Defence Force, before the MRCA commencement date, that is of a kind determined in writing by the Minister administering section 1 of the Defence Act 1903 to be hazardous service for the purposes of this section.
44 Saving determinations of hazardous service
A determination in force under subsection 120(7) of the VEA immediately before the commencement of item 43 of this Schedule continues in force after that time despite the amendment made by that item.
45 After point SCH6 - C4
Insert:
No rent assistance if person receiving a Special Rate Disability Pension
SCH6 - C4A No additional amount is to be added to a person's maximum basic rate under point SCH6 - C3 if the person chooses to receive a Special Rate Disability Pension under section 200 of the MRCA.
46 Paragraph SCH6 - C7(c)
Omit "a disability pension", substitute "either or both a disability pension and permanent impairment compensation".
47 At the end of point SCH6 - C7
Add:
Note 1: For disability pension see section 5Q.
Note 2: For permanent impairment compensation see point SCH6 - C16.
48 Point SCH6 - C12
Omit "disability pension", substitute "either or both a disability pension and permanent impairment compensation".
49 Point SCH6 - C12 (note)
Omit "Note", substitute "Note 1".
50 At the end of point SCH6 - C12
Add:
Note 2: For permanent impairment compensation see point SCH6 - C16.
51 Point SCH6 - C13
After "disability pension" (first occurring), insert "and permanent impairment compensation".
Note: The heading to point SCH6 - C13 is altered by inserting " and permanent impairment compensation " after " disability pension ".
52 Point SCH6 - C13 (step 1 of the method statement)
After "disability pension" (first occurring), insert "and permanent impairment compensation".
53 Point SCH6 - C13 (step 1 of the method statement)
Omit " disability pension income ", substitute " disability income ".
54 Point SCH6 - C13 (step 1 of the method statement, after note 1)
Insert:
Note 1A: For permanent impairment compensation see point SCH6 - C16.
55 Point SCH6 - C13 (step 1 of the method statement, note 2)
After "disability pension", insert "and permanent impairment compensation".
56 Point SCH6 - C13 (step 3 of the method statement)
Omit "disability pension income", substitute "disability income".
57 Point SCH6 - C13 (step 4 of the method statement)
Omit "disability pension income", substitute "disability income".
58 Point SCH6 - C13 (step 5 of the method statement)
Omit "disability pension income" (first and second occurring), substitute "disability income".
59 Point SCH6 - C13 (step 5 of the method statement)
Omit " disability pension income excess ", substitute " disability income excess ".
60 Point SCH6 - C13 (step 6 of the method statement)
Omit "disability pension income excess", substitute "disability income excess".
61 Point SCH6 - C14
Omit "disability pension" (first occurring), substitute "either or both a disability pension and permanent impairment compensation".
Note: The heading to point SCH6 - C14 is altered by adding at the end " and permanent impairment compensation ".
62 Point SCH6 - C14
After "disability pension" (second occurring), insert "and permanent impairment compensation".
63 Point SCH6 - C14
Omit "disability pension income", substitute "disability income".
64 Point SCH6 - C14 (note)
Omit "Note", substitute "Note 1".
65 At the end of point SCH6 - C14
Add:
Note 2: For permanent impairment compensation see point SCH6 - C16.
66 At the end of Module C in Schedule 6
Add:
SCH6 - C16 In this Module:
"permanent impairment compensation" means:
(a) any payment of a weekly amount under section 68, 71 or 75 of the MRCA (permanent impairment); and
(b) if the person was paid a lump sum under section 68, 71 or 75 of the MRCA (permanent impairment)--any weekly amounts that the person would have been paid if the person had not chosen the lump sum.
Part 2 -- Amendments relating to income support supplement
67 Section 5 (index of definitions)
Insert in its appropriate alphabetical position, determined on a letter - by - letter basis:
wholly dependent partner | 5E(1) |
68 Subsection 5E(1) (definition of war widow )
Repeal the definition, substitute:
"war widow" means a woman:
(a) who was the partner of, was legally married to, or was the wholly dependent partner of:
(i) a veteran; or
(ii) a person who was a member of the Forces for the purposes of Part II or IV of this Act; or
(iii) a person who was a member (within the meaning of the MRCA);
immediately before the death of the veteran or person; and
(b) who:
(i) is receiving a pension payable under Part II or IV of this Act at a rate determined under or by reference to subsection 30(1); or
(ii) has received a lump sum mentioned in paragraph 234(1)(b) of the MRCA, or is receiving a weekly amount mentioned in that paragraph; or
(iii) is receiving a pension that is payable under the law of a foreign country, and that is, in the opinion of the Commission, similar in character to a pension referred to in subparagraph ( i).
69 Subsection 5E(1) (definition of war widower )
Repeal the definition, substitute:
"war widower" means a man:
(a) who was the partner of, was legally married to, or was the wholly dependent partner of:
(i) a veteran; or
(ii) a person who was a member of the Forces for the purposes of Part II or IV of this Act; or
(iii) a person who was a member (within the meaning of the MRCA);
immediately before the death of the veteran or person; and
(b) who:
(i) is receiving a pension payable under Part II or IV of this Act at a rate determined under or by reference to subsection 30(1); or
(ii) has received a lump sum mentioned in paragraph 234(1)(b) of the MRCA, or is receiving a weekly amount mentioned in that paragraph; or
(iii) is receiving a pension that is payable under the law of a foreign country, and that is, in the opinion of the Commission, similar in character to a pension referred to in subparagraph ( i).
70 Subsection 5E(1)
Insert:
"wholly dependent partner" has the meaning given by the MRCA.
71 Subsection 5H(1) (after paragraph ( c) of the definition of adjusted income )
Insert:
(ca) if the person was paid a lump sum mentioned in subparagraph 234(1)(b)(i) of the MRCA (wholly dependent partner payment)--any weekly amounts that the person would have been paid if the person had chosen the weekly amount mentioned in subparagraph 234(1)(b)(ii) of that Act; and
(cb) any payment of a weekly amount mentioned in subparagraph 234(1)(b)(ii) of the MRCA (wholly dependent partner payment); and
(cc) if the person was paid a lump sum under section 68, 71 or 75 of the MRCA (permanent impairment)--any weekly amounts that the person would have been paid if the person had not chosen the lump sum; and
(cd) any payment of a weekly amount under section 68, 71 or 75 of the MRCA (permanent impairment); and
(ce) any payment of a Special Rate Disability Pension under Part 6 of Chapter 4 of the MRCA; and
72 Subsection 5Q(1) (definition of War widow/war widower--pensioner )
Repeal the definition, substitute:
"war widow/war widower--pensioner" means:
(a) a person who is receiving a pension under Part II or IV of this Act at a rate determined under or by reference to subsection 30(1); or
(b) a person who has received a lump sum mentioned in paragraph 234(1)(b) of the MRCA, or who is receiving a weekly amount mentioned in that paragraph.
73 Paragraph 45B(1)(c)
Omit "or a social security benefit", substitute ", a social security benefit or another income support supplement".
74 After subsection 45D(1)
Insert:
(1A) Income support supplement is not payable to a person if the person is already receiving an income support supplement.
75 At the end of subsection 45N(1)
Add:
; and (d) a war widower or war widow who, immediately before receiving a lump sum mentioned in paragraph 234(1)(b) of the MRCA, or a weekly amount mentioned in that paragraph, was receiving a partner service pension.
76 Paragraph 45R(2)(a)
Repeal the paragraph, substitute:
(a) any of the following applies:
(i) a pension is payable to a person under Part II or IV at a rate determined under or by reference to subsection 30(1) from a particular day (the benefit day ); or
(ii) a lump sum mentioned in subparagraph 234(1)(b)(i) of the MRCA is payable to a person, in respect of the death of a deceased member on a particular day (the benefit day ); or
(iii) a weekly amount mentioned in subparagraph 234(1)(b)(ii) of the MRCA is payable to a person from a particular day (the benefit day ); and
77 Paragraphs 45R(2)(b) and (c)
Omit "pension receipt day", substitute "benefit day".
78 Paragraph 45R(2)(d)
Omit "pension receipt day" (wherever occurring), substitute "benefit day".
79 Subsection 45R(2)
Omit "pension receipt day" (last occurring), substitute "benefit day".
80 At the end of paragraph 45TB(3)(a)
Add:
(iii) if, after reaching the qualifying age, the person became entitled to be paid a lump sum or a weekly amount mentioned in paragraph 234(1)(b) of the MRCA--the date of the death of the member in respect of whom the lump sum or weekly amount was payable;
81 At the end of section 45TB
Add:
2 or more special dates of eligibility
(5) For the purposes of this section, if a person would otherwise have 2 or more special dates of eligibility for a designated pension, only the first date is to be counted.
82 Subsection 53M(5)
After " paragraph ( c)", insert ", (ca) or (cb)".
Part 3 -- Amendments relating to the Statements of Principles
83 At the end of subsection 196B(1)
Add "The main function of the Authority is to determine Statements of Principles for the purposes of this Act and the MRCA.".
84 After paragraph 196B(2)(c)
Insert:
or (ca) warlike or non - warlike service rendered by members;
85 Subsection 196B(2) (note 2)
Omit "see subsection 5Q(1A)", substitute "referred to in paragraphs ( 2)(b) and (c), see subsection 5Q(1A)".
86 Subsection 196B(2) (after note 2)
Insert:
Note 2A: For warlike service , non - warlike service and members referred to in paragraph ( 2)(ca), see section 196KA. (These definitions are for the purposes of the MRCA.)
87 After paragraph 196B(3)(b)
Insert:
or (ba) peacetime service rendered by members;
88 Subsection 196B(3) (note 2)
Omit "see subsection 5Q(1A)", substitute "referred to in paragraph ( 3)(b), see subsection 5Q(1A)".
89 Subsection 196B(3) (after note 2)
Insert:
Note 2A: For peacetime service and members referred to in paragraph ( 3)(ba), see section 196KA. (These definitions are for the purposes of the MRCA.)
90 After subsection 196B(3)
Insert:
(3A) The Authority may determine a Statement of Principles under subsection ( 2) or (3) for the purposes of this Act, the MRCA, or both Acts.
91 Paragraph 196B(4)(b)
After "this Act", insert ", or the MRCA,".
92 Paragraph 196B(4)(c)
After "suffered", insert "or sustained".
93 Paragraph 196B(4)(d)
Repeal the paragraph, substitute:
(d) the extent (if any) to which:
(i) the injury, disease or death may be war - caused or defence - caused; or
(ii) the injury, disease or death may be a service injury, a service disease or a service death.
94 At the end of subsection 196B(4)
Add:
Note 3: For service injury , service disease and service death see section 196KA. (These definitions are for the purposes of the MRCA.)
95 Paragraph 196B(7)(d)
After "suffered", insert "or sustained".
96 Paragraph 196B(7)(e)
Repeal the paragraph, substitute:
(e) the extent (if any) to which:
(i) the injury, disease or death may be war - caused or defence - caused; or
(ii) the injury, disease or death may be a service injury, a service disease or a service death.
97 At the end of subsection 196B(7)
Add:
Note 1: For war - caused see sections 8 and 9.
Note 2: For defence - caused see section 69.
Note 3: For service injury , service disease and service death see section 196KA. (These definitions are for the purposes of the MRCA.)
98 Subsection 196B(11) (note)
Omit "Note", substitute "Note 1".
99 At the end of subsection 196B(11)
Add:
Note 2: The Statement of Principles may be determined for the purposes of this Act, the MRCA, or both Acts, in accordance with the directions of the Council (see subsection 196W(4A)).
100 Subsection 196B(12) (note)
Omit "Note", substitute "Note 1".
101 At the end of subsection 196B(12)
Add:
Note 2: The Statement of Principles may be determined for the purposes of this Act, the MRCA, or both Acts, in accordance with the directions of the Council (see subsection 196W(4A)).
102 After paragraph 196E(1)(a)
Insert:
(aa) the Military Rehabilitation and Compensation Commission;
103 At the end of paragraph 196E(1)(b)
Add "of this Act".
104 After paragraph 196E(1)(b)
Insert:
(ba) a person eligible to make a claim for compensation under section 319 of the MRCA;
105 Paragraph 196E(1)(c)
After "members of Peacekeeping Forces", insert ", or members within the meaning of the MRCA,".
106 Subsection 196F(1)
Omit "any person referred to in paragraph 196E(1)(a) or (b) or organisation referred to in paragraph 196E(1)(c)", substitute "any person or organisation referred to in any of paragraphs 196E(1)(a) to (c)".
107 Subsection 196F(3)
After "the Commission" (first occurring), insert ", the Military Rehabilitation and Compensation Commission".
108 Subsection 196F(3)
Omit "the Commission" (second occurring), substitute "the relevant Commission".
109 Subsection 196I(1)
Omit "a person referred to in paragraph 196E(1)(a) or (b), or an organisation referred to in paragraph 196E(1)(c),", substitute "any person or organisation referred to in any of paragraphs 196E(1)(a) to (c)".
110 Subsection 196J(1)
After "the Commission", insert "or the Military Rehabilitation and Compensation Commission (as the case requires)".
111 At the end of Division 1 of Part XIA
Add:
196KA Definitions for the purposes of the MRCA
In this Division:
(a) for the purposes of paragraphs 196B(4)(d) and 196B(7)(e), service death has the same meaning as in the MRCA; and
(b) for the purposes of paragraphs 196B(4)(d) and 196B(7)(e), service disease has the same meaning as in the MRCA; and
(c) for the purposes of paragraphs 196B(4)(d) and 196B(7)(e), service injury has the same meaning as in the MRCA; and
(d) for the purposes of paragraphs 196B(2)(ca) and 196B(3)(ba), members has the same meaning as in the MRCA; and
(e) for the purposes of paragraph 196B(3)(ba), peacetime service has the same meaning as in the MRCA; and
(f) for the purposes of paragraph 196B(2)(ca), non - warlike service does not have the meaning given by this Act but instead has the same meaning as in the MRCA; and
(g) for the purposes of paragraph 196B(2)(ca), warlike service does not have the meaning given by this Act but instead has the same meaning as in the MRCA.
112 After subsection 196W(4)
Insert:
(4A) The Council may give directions under subsection ( 4) for the purposes of this Act, the MRCA, or both Acts.
113 Paragraph 196X(2)(b)
After "the Commission", insert ", or the Military Rehabilitation and Compensation Commission,".
114 After paragraph 196Y(1)(a)
Insert:
(aa) the Military Rehabilitation and Compensation Commission;
115 At the end of paragraph 196Y(1)(b)
Add "of this Act".
116 After paragraph 196Y(1)(b)
Insert:
(ba) a person eligible to make a claim for compensation under section 319 of the MRCA;
117 Paragraph 196Y(1)(c)
After "members of Peacekeeping Forces", insert ", or members within the meaning of the MRCA,".
118 Subsection 196ZA(1)
Omit "any person referred to in paragraph 196Y(1)(a) or (b), or an organisation referred to in paragraph 196Y(1)(c),", substitute "any person or organisation referred to in any of paragraphs 196Y(1)(a) to (c)".
119 Subsection 196ZA(3)
After "the Commission" (first occurring), insert ", the Military Rehabilitation and Compensation Commission".
120 Subsection 196ZA(3)
Omit "the Commission" (second occurring), substitute "the relevant Commission".
121 Subsection 196ZA(4)
After "the Commission" (first occurring), insert ", the Military Rehabilitation and Compensation Commission".
122 Subsection 196ZA(4)
Omit "the Commission" (second occurring), substitute "the relevant Commission".
123 Subsection 196ZD(1)
Omit "a person referred to in paragraph 196Y(1)(a) or (b), or an organisation referred to in paragraph 196Y(1)(c),", substitute "any person or organisation referred to in any of paragraphs 196Y(1)(a) to (c)".
Part 4 -- Amendments relating to offsetting permanent impairment payments under the SRCA
124 Subsection 23(4)
Omit " subsection ( 5)", substitute " subsections ( 5) and (6)".
125 Subsection 23(5)
Omit "If", substitute "Subject to subsection ( 6), if".
127 At the end of section 23
Add:
(6) If section 25A applies to a veteran, the rate at which pension is payable to the veteran is the rate per fortnight specified in subsection ( 4) or (5) of this section, reduced in accordance with section 25A.
128 Subsection 24(4)
Omit " subsection ( 5)", substitute " subsections ( 5) and (6)".
129 Subsection 24(5)
Omit "If", substitute "Subject to subsection ( 6), if".
131 At the end of section 24
Add:
(6) If section 25A applies to a veteran, the rate at which pension is payable to the veteran is the rate per fortnight specified in subsection ( 4) or (5) of this section, reduced in accordance with section 25A.
132 Subsection 24A(1)
Omit " subsection ( 2)", substitute " subsections ( 1A) and (2)".
133 After subsection 24A(1)
Insert:
(1A) However, subsection ( 1) does not prevent a rate applicable under subsection 24(4) or (5) from being reduced to give effect to subsection 24(6).
134 Subsection 25(2)
Omit "subsections 24(4) and (5)", substitute "subsection 24(4), (5) or (6)".
135 After section 25
Insert:
25A Offsetting certain SRCA payments
(1) This section applies to a veteran:
(a) to whom section 23, 24 or 25 applies; or
(b) who is granted a temporary incapacity allowance under section 107 or a loss of earnings allowance under section 108;
for a war - caused injury or a war - caused disease if the veteran has received an amount of compensation, whether before or after the commencement of this section, under section 24, 25 or 27 of the Safety, Rehabilitation and Compensation Act 1988 for some other injury or disease.
(2) That amount of compensation is to be converted to a fortnightly amount in accordance with advice from the Australian Government Actuary.
(3) The rate at which:
(a) a pension is payable to the person under section 23, 24 or 25; or
(b) a temporary incapacity allowance under section 107 or a loss of earnings allowance under section 108 is payable to the person;
apart from this section, is reduced, but not below zero, by the fortnightly amount worked out under subsection ( 2) of this section.
136 Subsection 27(3)
Repeal the subsection, substitute:
(3) If the rate calculated in accordance with subsection ( 2) in respect of the pension payable to a veteran exceeds:
(a) if section 25A applies to the veteran--the rate specified in subsection 24(6); or
(b) otherwise--the rate specified in subsection 24(4);
the rate must be reduced by the amount of the excess.
137 Paragraph 30P(1)(b)
Before "30C", insert "25A,".
138 Paragraph 79(1)(b)
Before "74", insert "25A or".
139 Paragraphs 86(2)(a) and (b)
After "24(4)", insert "or (6)".
140 At the end of section 107
Add:
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.
141 At the end of section 108
Add:
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.
142 Application of amendments
The amendments made by this Part apply to claims under section 14, or applications under section 15, of the Veterans' Entitlements Act 1986 made after the commencement of section 3 of the Military Rehabilitation and Compensation Act 2004.