VETERANS' ENTITLEMENTS ACT 1986

Commonwealth Consolidated Acts

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VETERANS' ENTITLEMENTS ACT 1986

TABLE OF PROVISIONS

Long Title

PART I--PRELIMINARY

1. Short title
2. Commencement
3. Repeal
4. Extension of Act to external Territories
4A. Application of the Criminal Code
4B. Secretary may arrange for use of computer programs to make decisions
5. Definitions--simplified outline
5A. Repatriation Commission definitions
5AB. Repatriation Medical Authority and Specialist Medical Review Council definitions
5B. War and operational area related definitions
5C. Eligibility related definitions
5D. Injury/disease definitions
5E. Family relationships definitions--couples
5F. Family relationships definitions--children
5G. Australian residence definitions
5GA. Pension supplement rate definitions
5H. Income test definitions
5I. Special Rate Disability Pension reduction amount
5J. Financial assets and income streams definitions
5JA. Meaning of asset - test exempt income stream --lifetime income streams
5JB. Meaning of asset - test exempt income stream --life expectancy income streams
5JBA. Meaning of asset - test exempt income stream --market - linked income streams
5JBB. Meaning of asset - test exempt income stream--military invalidity pension income stream
5JC. Family law affected income streams
5JD. Asset - tested status of secondary FLA income streams
5JE. Asset - tested income stream (lifetime)
5K. Maintenance income definitions
5L. Assets test definitions
5LA. Principal home definition for the purpose of the assets test
5M. Retirement village definitions
5MA. Granny flat definitions
5MB. Sale leaseback definitions
5MC. Special residence and resident definitions
5N. Rent definitions
5NA. Indexation and rate adjustment definitions
5NB. Compensation recovery definitions
5NC. In care definitions
5PB. Seniors health card definitions
5PC. Exempt funeral investments
5Q. Dictionary
5QAA. Equal amounts
5QA. Pension age for veterans
5QB. Pension age for persons other than veterans
5R. Determinations having interpretative effect
5T. Lodgment of claims, applications, requests and documents
5U. Notes
6. Operational service--general outline
6A. Operational service--world wars
6B. Operational service--Australian mariners
6C. Operational service--post World War 2 service in operational areas
6D. Operational service--other post World War 2 service
6DA. Operational service--minesweeping and bomb/mine clearance service
6DB. Operational service--service on submarine special operations
6E. Operational service--Korean demilitarised zone and Vietnam
6F. Operational service--warlike and non - warlike service
7. Eligible war service
7A. Qualifying service
8. War - caused death
9. War - caused injuries or diseases
9A. Most war - caused injuries, diseases and deaths no longer covered by this Act
10. Child of a veteran or other person
10A. Parent of a person
11. Dependants
11AA. Reinstated pensioner
11A. De facto relationships
11B. Domicile

PART II--PENSIONS--BY WAY OF COMPENSATION TO VETERANS AND THEIR DEPENDANTS

Division 1--Interpretation

12. Interpretation

Division 2--Eligibility for pensions by way of compensation to veterans and their dependants

13. Eligibility for pensions by way of compensation to veterans and their dependants

Division 2A--Verification determinations for reinstated pensioners

13AA. Application for verification determination
13AB. Who may apply
13AC. Application for verification determination
13AE. Investigation by the Secretary
13AF. Duties of Commission in relation to application for verification determination
13AG. Verification determination

Division 3--Claims for pensions and applications for increases in pensions

13A. Certain dependants to be automatically paid pension
13B. Reinstated pensioners to be automatically paid pension
14. Claim for pension
15. Application for increase in pension
16. Who may make claim or application
17. Investigation by the Secretary
18. Duties of Commission in relation to pensions
19. Determination of claims and applications
19A. Refusal to undergo medical examination etc. may delay consideration of claim or application
20. Dates of effect that may be specified in respect of grant of claim for pension
21. Dates of effect that may be specified in respect of grant of applications under section 15

Division 4--Rates of pensions payable to veterans

21A. Determination of degree of incapacity
22. General rate of pension and extreme disablement adjustment
23. Intermediate rate of pension
24. Special rate of pension
24A. Continuation of rates of certain pensions
25. Temporary payment at special rate
25A. Offsetting certain payments made under the Safety, Rehabilitation and Compensation (Defence - related Claims) Act 1988
26. Reduction in rate of pension in certain cases
27. Increased rates of pension in certain cases
27A. Calculation of arrears of pension
27B. Certain decisions under section 27A reviewable under the Social Security Act
28. Capacity to undertake remunerative work
29. Approved Guide to the Assessment of Rates of Veterans' Pensions

Division 5--Rates of pensions payable to dependants of deceased veteran

30. Rates at which pensions are payable to dependants

Division 5A--Effect of certain compensation payments on rates of pension

30A. This Division does not apply to certain payments
30B. Interpretation
30C. Lump sum compensation payment
30D. Periodic payment of compensation
30E. Proceedings against third party
30F. Failure to comply with Commission's request made under section 30E
30G. Payment of damages by third party to Commonwealth
30H. Payment of damages by third party where agreement, or an award against the person, to pay damages has been made
30I. Debt due to the Commonwealth
30J. Discharge of liability
30K. Discharge of liability of Commonwealth to pay damages
30L. Other payments of compensation
30M. Commission may require a statutory declaration
30N. Failure to comply with statutory declaration requirement
30P. Overpayments of pension

Division 6--Reviews of pensions by Commission

31. Review by Commission

Division 7--Procedural

32. Commission may take evidence
33. Withdrawal of claim or application
34. Reasons for decisions to be given

PART III--SERVICE--PENSIONS

Division 1--General features

35. Order and structure of Divisions
35A. Eligibility for and payability of service pension

Division 2--Establishing qualifying service

Subdivision A--Pathways to establishing qualifying service

35B. Pathways to establishing qualifying service
35BA. Commission determination without the need for a claim
35C. Who can claim?
35D. Making a claim
35F. Claim may be withdrawn
35FB. Oral withdrawal of a claim
35FC. Acknowledgment of oral withdrawal of a claim
35FD. Reactivating the withdrawn claim

Subdivision B--Investigation of claim

35G. Secretary to investigate claim and submit it to Commission

Subdivision C--Consideration and determination of claim

35H. Duties of Commission in relation to claim
35J. Determination of qualifying service to be proof of qualifying service

Division 3--Age service pension

Subdivision A--Eligibility for and payability of age service pension

36. Eligibility for age service pension
36A. Age service pension may not be payable in some circumstances
36B. Age service pension generally not payable before claim
36C. Restrictions on dual pensions
36CA. Exclusion of certain participants in ABSTUDY Scheme

Subdivision B--Claim for age service pension

36D. Need for a claim
36E. Who can claim?
36F. Making a claim
36H. Claimant must be Australian resident and in Australia
36J. Claim may be withdrawn
36JB. Oral withdrawal of a claim
36JC. Acknowledgment of oral withdrawal of a claim
36JD. Reactivating the withdrawn claim
36JE. Secretary may require claimant or claimant's partner to take action to obtain a comparable foreign pension

Subdivision C--Investigation of claim

36K. Secretary to investigate claim and submit it to Commission

Subdivision D--Consideration and determination of claim

36L. Duties of Commission in relation to claim
36M. Date of effect of determination

Subdivision E--Rate of age service pension

36N. How to work out the rate of a veteran's age service pension

Division 4--Invalidity service pension

Subdivision A--Eligibility for and payability of invalidity service pension

37. Eligibility for invalidity service pension
37AA. Commission must determine circumstances in which persons are permanently incapacitated for work
37AAA. Continued eligibility for invalidity service pension if person undertaking a rehabilitation program etc.
37A. Invalidity service pension may not be payable in some circumstances
37B. Invalidity service pension generally not payable before claim
37C. Restrictions on dual pensions
37CA. Exclusion of certain participants in ABSTUDY Scheme

Subdivision B--Claim for invalidity service pension

37D. Need for a claim
37E. Who can claim?
37F. Making a claim
37H. Claimant must be Australian resident and in Australia
37J. Claim may be withdrawn
37JB. Oral withdrawal of a claim
37JC. Acknowledgment of oral withdrawal of a claim
37JD. Reactivating the withdrawn claim
37JE. Secretary may require claimant or claimant's partner to take action to obtain a comparable foreign pension

Subdivision C--Investigation of claim

37K. Secretary to investigate claim and submit it to Commission

Subdivision D--Consideration and determination of claim

37L. Duties of Commission in relation to claim
37M. Date of effect of determination

Subdivision E--Rate of invalidity service pension

37N. How to work out the rate of a veteran's invalidity service pension

Division 5--Partner service pension

Subdivision A--Eligibility for and payability of partner service pension

38. Eligibility for partner service pension
38AA. Disclosure or use of personal information relevant to partner service pension eligibility
38A. Partner service pension may not be payable in some circumstances
38B. Partner service pension generally not payable before claim
38C. Restrictions on dual pensions
38CA. Exclusion of certain participants in ABSTUDY Scheme

Subdivision B--Claim for partner service pension

38D. Need for a claim
38E. Who can claim?
38F. Making a claim
38H. Claimant must be Australian resident and in Australia
38J. Claim may be withdrawn
38JB. Oral withdrawal of a claim
38JC. Acknowledgment of oral withdrawal of a claim
38JD. Reactivating the withdrawn claim
38JE. Secretary may require claimant or claimant's partner to take action to obtain a comparable foreign pension

Subdivision C--Investigation of claim

38K. Secretary to investigate claim and submit it to Commission

Subdivision D--Consideration and determination of claim

38L. Duties of Commission in relation to claim
38M. Date of effect of determination

Subdivision E--Rate of partner service pension

38N. How to work out the rate of a person's partner service pension

PART IIIA--INCOME--SUPPORT SUPPLEMENT

Division 1--Eligibility for and payability of income support supplement

45A. Eligibility for income support supplement
45B. Income support supplement may not be payable in some circumstances
45C. Income support supplement generally not payable before claim
45D. Restrictions on dual pensions
45DA. Exclusion of certain participants in ABSTUDY Scheme
45E. Election to continue to receive social security pension
45F. Claim for social security pension by war widower or war widow pending at commencement of Part
45G. Review of decision rejecting a claim by war widower or war widow for social security pension pending at commencement of Part
45H. Review of decision concerning rate of social security pension paid to war widower or war widow pending at commencement of Part

Division 2--Claim for income support supplement

45I. Need for a proper claim
45J. Who can claim?
45K. Making a claim
45M. Claimant must be Australian resident and in Australia
45N. Not necessary to make a claim in certain circumstances
45NA. Claim may be withdrawn
45NC. Oral withdrawal of a claim
45ND. Acknowledgment of oral withdrawal of a claim
45NE. Reactivating the withdrawn claim
45NF. Secretary may require claimant or claimant's partner to take action to obtain a comparable foreign pension

Division 3--Investigation of claim

45P. Secretary to investigate claim and submit it to Commission

Division 4--Consideration and determination of claim

45Q. Duties of Commission in relation to claim
45QA. Commission must determine circumstances in which persons are permanently incapacitated for work
45R. Date of effect of determination

Division 5--Rate of income support supplement

45S. How to work out the rate of income support supplement

PART IIIAA--VETERAN--PAYMENT

45SA. Simplified outline
45SB. Veteran payment

PART IIIAB--PENSION--BONUS

Division 1--Introduction

45T. Simplified outline
45TA. Definitions
45TB. Special date of eligibility for a designated pension

Division 2--Qualification for pension bonus

45TC. Qualification for pension bonus

Division 3--Registration as a member of the pension bonus scheme

Subdivision A--Membership of the pension bonus scheme

45TD. Application for registration
45TE. Making an application
45TF. Relevant information
45TH. Timing of application and registration
45TI. Registration
45TJ. Duration of membership
45TK. Cancellation of membership
45TL. Application for registration is not to be treated as a claim

Subdivision B--Classification of membership of the pension bonus scheme

45TM. Accruing membership
45TN. Non - accruing membership--preclusion periods
45TO. Non - accruing membership--Commission's discretion
45TP. Continuity of accruing membership is not broken by a period of non - accruing membership
45TQ. Post - 70/75 membership

Division 4--Accrual of bonus periods

45TR. Accrual of bonus periods

Division 5--Passing the work test

Subdivision A--The work test

45TS. Work test--full - year period
45TT. Work test--part - year period
45TU. Commission's discretion to treat gainful work outside Australia as gainful work in Australia

Subdivision B--Gainful work

45TV. Gainful work--basic rule
45TW. Commission's discretion to treat activity as gainful work
45TX. Irregular, infrequent and minor absences from a workplace count as gainful work
45TY. Management of family financial investments does not count as gainful work
45TZ. Domestic duties in relation to a person's place of residence do not count as gainful work
45U. Evidentiary certificate

Subdivision C--Record-keeping requirements

45UA. Record - keeping requirements

Division 6--Amount of pension bonus

45UB. How to calculate the amount of pension bonus
45UC. Qualifying bonus periods
45UD. Overall qualifying period
45UE. Pension multiple
45UF. Annual pension rate
45UG. Amount of pension bonus
45UH. Annual notional single pension rate
45UI. Annual notional partnered pension rate
45UIA. Apportioned amount
45UIB. Top up of pension bonus for increased rate of designated pension
45UIC. Top up of pension bonus in specified circumstances

Division 7--Claim for pension bonus

45UJ. Need for a claim
45UK. Proper claim
45UL. Lodgment period for claim
45UM. Withdrawal of claim

Division 8--Determination of claim

45UN. Secretary to investigate claim and submit it to Commission
45UO. Commission to determine claim
45UP. Grant of claim

Division 9--Payment of pension bonus

45UQ. Payment of pension bonus
45UR. Payment of bonus after death

Division 10--Protection of pension bonus

45US. Pension bonus to be absolutely inalienable

Division 11--Preclusion periods

45UT. Disposal preclusion period--dispositions before 1 July 2002
45UTA. Disposal preclusion period--dispositions on or after 1 July 2002
45UU. Carer preclusion period

Division 11A--Pension bonus bereavement payment

45UUA. Qualification for pension bonus bereavement payment
45UUB. Amount of pension bonus bereavement payment
45UUC. Definition of PBBP employment income
45UUD. Need for a claim for pension bonus bereavement payment
45UUE. Proper claim
45UUF. Lodgment period for claim
45UUG. Withdrawal of claim
45UUH. Secretary to investigate claim and submit it to Commission
45UUI. Commission to determine claim
45UUJ. Grant of claim
45UUK. Payment of pension bonus bereavement payment
45UUL. Payment of pension bonus bereavement payment after death

Division 12--Modification of this Part in relation to certain persons previously qualified for age pension under social security law

45UV. Persons to whom this Division applies
45UW. Commission may request the provision of information
45UX. Commission may determine whether periods occurring before becoming a war widow/war widower--pensioner are bonus periods under the social security law
45UY. Modification of provisions of this Part in respect of persons to whom this Division applies

PART IIIB--PROVISIONS--APPLYING TO SERVICE PENSION, INCOME SUPPORT SUPPLEMENT AND VETERAN PAYMENT

Division 1--Ordinary income concept

46. General meaning of ordinary income
46A. Certain amounts taken to be received over 12 months

Division 1A--Work bonus

46AA. Income concession
46AB. Meaning of employment income
46ABA. Meaning of gainful work
46AC. Unused concession balance
46AD. No double income reductions under sections 46AA and 115G

Division 2--Business income

46B. Ordinary income from a business--treatment of trading stock
46C. Permissible reductions of business income

Division 3--Income from financial assets (including income streams (short term) and certain income streams (long term))

46D. Deemed income from financial assets--persons other than members of couples
46E. Deemed income from financial assets--members of a couple
46H. Deeming threshold
46J. Below threshold rate, above threshold rate
46K. Actual return on financial assets not treated as ordinary income
46L. Certain money and financial investments not taken into account
46M. Valuation and revaluation of certain financial investments

Division 4--Income from income streams not covered by Division 3

Subdivision B--Income streams that are not family law affected income streams

46SA. Scope of Subdivision
46T. Income from asset - test exempt income stream
46U. Income--income stream not a defined benefit income stream or a military invalidity pension income stream
46V. Income--income stream is a defined benefit income stream
46VAA. Income--income stream is a military invalidity pension income stream
46VA. Income from market - linked asset - test exempt income stream
46W. Income from asset - tested income stream (long term)
46X. Income--asset - tested income stream (long term) that is not a defined benefit income stream
46Y. Income--asset - tested income stream (long term) that is a defined benefit income stream
46YA. Income from certain low - payment asset - tested income streams
46YB. Income--asset - tested income stream (lifetime)

Subdivision C--Family law affected income streams

46Z. Scope of Subdivision
46ZA. Income from asset - test exempt income streams
46ZB. Income from asset - tested income stream (long term)
46ZBA. Income from asset - tested income stream (lifetime)
46ZC. Decision - making principles

Division 6--Income tests--conversion of foreign currency amounts

47. Application of Division
47A. Conversion of foreign currency amounts
47B. Base exchange rate
47C. Re - assessed exchange rate
47D. Applicability of re - assessed exchange rate
47E. Rounding off exchange rates

Division 7--Income tests--disposal of ordinary income

48. Disposal of ordinary income
48A. Amount of disposition
48B. Disposal of ordinary income--not a member of a couple
48C. Disposal of ordinary income--members of couples
48E. Dispositions more than 5 years old to be disregarded

Division 9--Self-employment programs

50. General effect of Division
50A. Reduction in rate of payments under this Part if recipient or partner also receiving payments under a self - employment program
50B. Rate reduction under this Division

Division 11--General provisions relating to the assets test

Subdivision A--Value of person's assets

52. Certain assets to be disregarded in calculating the value of a person's assets
52AA. Value of superannuation investments determined by Minister to be disregarded
52A. Value of asset - tested income streams that are not defined benefit income streams, asset - tested income streams (lifetime) or family law affected income streams
52B. Value of asset - tested income streams that are defined benefit income streams
52BAA. Value of asset - tested income streams (lifetime) that are managed investments
52BAB. Value of asset - tested income streams (lifetime) that are not managed investments
52BA. Value of asset - tested FLA income streams
52BB. Value of partially asset - test exempt income streams
52BC. Value of superannuation reserves for superannuation funds of 4 members or less
52C. Effect of charge or encumbrance on value of assets
52CA. Effect of certain liabilities on value of assets used in primary production
52CB. Value of life policy
52D. Loans

Subdivision B--Dispositions of assets (general provisions)

52E. Disposal of assets
52F. Amount of disposition
52FAAA. Application of asset deprivation rules to cease in respect of certain assets

Subdivision BA--Dispositions of assets before 1 July 2002

52FAA. Application
52FA. Disposal of assets in pre - pension years--not a member of a couple
52G. Disposal of assets in pension years--not a member of a couple
52GA. Disposal of assets in pre - pension years--members of couples
52H. Disposal of assets in pension years--members of couples
52J. Dispositions more than 5 years old to be disregarded

Subdivision BB--Dispositions of assets on or after 1 July 2002

52JA. Disposition of assets in tax year--individuals
52JB. Dispositions of assets in 5 year period--individuals
52JC. Disposition of assets in tax year--members of couples
52JD. Disposition of assets in 5 year period--members of couples
52JE. Certain dispositions to be disregarded

Subdivision C--Provisions relating to special residences and special residents

52KA. Application of Subdivision to granny flat residents
52L. Basis for different treatment
52M. Entry contribution
52N. Extra allowable amount
52P. Renegotiation of retirement village agreement
52Q. Residents who are not members of a couple
52R. Members of couples
52S. Members of illness separated couple (both in special residences)
52T. Members of illness separated couple (partner not in special residence and partner property owner)
52U. Members of illness separated couple (partner not in special residence and partner not property owner)
52V. Members of ordinary couple with different principal homes (both in special residences)
52W. Members of ordinary couple with different principal homes (partner not in special residence and partner property owner)
52X. Members of ordinary couple with different principal homes (partner not in special residence and partner not property owner)

Subdivision D--Financial hardship

52Y. Access to financial hardship rules
52Z. Application of financial hardship rules

Subdivision E--Pension loans scheme

52ZAAA. Pension loans scheme definitions
52ZA. Eligibility for participation in pension loans scheme
52ZB. Effect of participation in pension loans scheme--pension rate
52ZBA. Pension loans scheme advance payment
52ZC. Effect of participation in pension loans scheme--creation of debt
52ZCA. Effect of participation in pension loans scheme--maximum loan available
52ZD. Need for a request to participate
52ZE. Need for a request to later nominate or change nominated amount or rate of pension
52ZEAA. Need for a request for a pension loans scheme advance payment
52ZEA. Non - receipt of service pension or income support supplement
52ZF. Existence of debt results in charge over real assets
52ZG. Debt not to be recovered until after death
52ZH. Enforcement of charge
52ZJ. Person ceases to participate in pension loans scheme if debt exceeds maximum loan available
52ZJA. Commission may cease person's participation in pension loans scheme
52ZK. Person withdraws from pension loans scheme
52ZKA. Repayment or recovery of debt after pension loans scheme ceases to operate
52ZL. Registration of charge
52ZM. Manner of enforcement of charge
52ZMAA. No negative equity guarantee

Subdivision F--Commutation of asset-test exempt income stream

52ZMA. Debt resulting from commutation of asset - test exempt income stream contrary to subsection 5JA(2), 5JB(2) or 5JBA(2)

Division 11A--Means test treatment of private companies and private trusts

Subdivision A--Introduction

52ZN. Simplified outline
52ZO. Definitions
52ZP. Relatives
52ZQ. Associates
52ZR. When a company is sufficiently influenced by an entity
52ZS. Majority voting interest in a company
52ZT. Entitled to acquire
52ZU. Transfer of property or services
52ZV. Constructive transfers of property or services to an entity
52ZW. Active involvement with a primary production enterprise
52ZX. Power to veto decisions of a trustee
52ZY. Extra - territorial operation
52ZZ. Application to things happening before commencement

Subdivision B--Designated private companies

52ZZA. Designated private companies

Subdivision C--Designated private trusts

52ZZB. Designated private trusts

Subdivision D--Controlled private companies

52ZZC. Controlled private companies
52ZZD. Direct voting interest in a company
52ZZE. Voting power
52ZZF. Direct control interest in a company
52ZZG. Interest in a share

Subdivision E--Controlled private trusts

52ZZH. Controlled private trusts
52ZZI. Interest in a trust

Subdivision F--Attributable stakeholders and attribution percentages

52ZZJ. Attributable stakeholder, asset attribution percentage and income attribution percentage

Subdivision G--Attribution of income of controlled private companies and controlled private trusts

52ZZK. Attribution of income
52ZZL. No double counting of attributed income
52ZZM. Ordinary income of a company or trust
52ZZN. Ordinary income from a business--treatment of trading stock
52ZZO. Permissible reductions of business and investment income
52ZZP. Derivation periods
52ZZQ. Attribution periods

Subdivision H--Attribution of assets of controlled private companies and controlled private trusts

52ZZR. Attribution of assets
52ZZS. When attributed asset is unrealisable
52ZZT. Effect of charge or encumbrance on value of assets
52ZZU. Effect of unsecured loan on value of assets
52ZZV. Value of company's or trust's assets etc.

Subdivision I--Modification of asset deprivation rules

52ZZW. Individual disposes of asset to company or trust
52ZZX. Disposal of asset by company or trust
52ZZY. Individual ceases to be an attributable stakeholder of a company or trust
52ZZZ. Individual disposes of asset to company or trust before 1 January 2002--individual is attributable stakeholder
52ZZZA. Individual disposes of asset to company or trust before 1 January 2002--individual's spouse is attributable stakeholder

Subdivision J--Modification of income deprivation rules

52ZZZB. Individual disposes of ordinary income to company or trust
52ZZZC. Disposal of income by company or trust
52ZZZD. Individual disposes of income to company or trust before 1 January 2002--individual is attributable stakeholder
52ZZZE. Individual disposes of income to company or trust before 1 January 2002--individual's spouse is attributable stakeholder

Subdivision K--Concessional primary production trusts

52ZZZF. Concessional primary production trusts
52ZZZG. Individual ceases to be an attributable stakeholder of a trust--receipt of remuneration or other benefits from trust during asset deprivation period
52ZZZH. Net value of asset
52ZZZI. Value of entity's assets
52ZZZJ. When asset is controlled by an individual
52ZZZK. Adjusted net value of asset
52ZZZL. Adjusted net primary production income
52ZZZM. Net income of a primary production enterprise
52ZZZN. Net income from a primary production enterprise--treatment of trading stock
52ZZZO. Permissible reductions of income from carrying on a primary production enterprise

Subdivision L--Anti-avoidance

52ZZZP. Anti - avoidance

Subdivision M--Decision-making principles

52ZZZQ. Decision - making principles

Subdivision N--Information management

52ZZZR. Transitional period
52ZZZS. Information - gathering powers
52ZZZT. Commission may obtain tax information
52ZZZU. Disclosure of tax information
52ZZZV. Disclosure of tax file number information

Division 11B--Private financial provision for certain people with disabilities

Subdivision A--Special disability trusts

52ZZZW. What is a special disability trust ?
52ZZZWA.Beneficiary requirements
52ZZZWB.Trust purpose requirements
52ZZZWC.Trust deed requirements
52ZZZWD.Trustee requirements
52ZZZWE.Trust property requirements
52ZZZWEA.Trust expenditure requirements
52ZZZWF.Reporting requirements
52ZZZWG.Audit requirements
52ZZZWH.Waiver of contravention of this Division

Subdivision B--Income of special disability trusts

52ZZZWI.Attribution of income
52ZZZWJ.Income amounts from special disability trusts

Subdivision C--Assets of special disability trusts

52ZZZWK.Attribution of assets

Subdivision D--Transfers to special disability trusts

52ZZZWL.Effect of certain transfers to special disability trusts
52ZZZWM.The effect of exceeding the $500,000 limit
52ZZZWN.Transfers by the immediate family members prior to reaching pension age etc.
52ZZZWO.Transfers by principal beneficiaries or partners
52ZZZWP.Cessation of special disability trusts
52ZZZWQ.Effect of this Subdivision

Division 12--Service pensioner and income support supplement recipient benefits

Subdivision A--Introduction

53. Fringe benefits and treatment at Departmental expense for certain service pensioners

Subdivision B--Fringe benefits

53A. Fringe benefits
53B. Commission must determine continued fringe benefits eligibility circumstances

Subdivision C--Treatment at Departmental expense

53D. Eligibility for treatment at Departmental expense
53E. Veterans to satisfy certain conditions

Division 12A--Payments after bereavement

Subdivision A--Bereavement period

53H. Definition

Subdivision B--Death of pensioner's partner (where partner was receiving a pension or a social security pension)

53J. Application
53K. What happens if pensioner's reassessed rate equals or exceeds combined pensioner couple rate
53L. What happens if pensioner's reassessed rate is less than combined pensioner couple rate
53M. Determination of amount of pension and social security pension
53N. Transfer to another pension
53NAA. Matters affecting bereavement payments under this Subdivision
53NA. No liability of financial institution for certain payments to pensioner

Subdivision C--Death of pensioner

53P. Application
53Q. Payment of one instalment

Subdivision D--Death of dependent child

53R. Application
53S. When reassessed pension rate in respect of pensioner comes into effect
53T. Bereavement payment

Division 13--Recipient obligations

54. Secretary may require notification of an event or change of circumstances
54A. Secretary may require recipient to give information relevant to payment of service pension, income support supplement or veteran payment
54AA. Secretary may require recipient to give information, produce documents or appear before an officer
54B. Document served with a section 54 notice
54BA. Secretary may require person or person's partner to take action to obtain a comparable foreign pension
54C. Interpretation

Division 14--Pensioners in certain institutions

55. Service pension, income support supplement or veteran payment may be suspended or forfeited when person in gaol or in psychiatric confinement following criminal charge
55A. Instalments may be redirected to partner or child

Division 15--Variation and termination

56. Automatic termination or rate reduction--recipient complying with section 54 notification obligations
56A. Automatic termination--recipient not complying with section 54 notification obligations
56B. Automatic rate reduction--recipient not complying with section 54 notification obligations
56C. Rate increase determination
56D. Rate reduction determination
56DA. No rate increase or reduction for small amounts
56E. Cancellation or suspension determination--general
56EA. Cancellation or suspension determination for failure to comply with section 54A notice
56EB. Cancellation or suspension for failure to take action to obtain a comparable foreign pension
56EC. Cancellation determination where service pension, income support supplement or veteran payment not payable
56ED. Suspension instead of automatic termination under section 56 or 56A
56EE. Suspension instead of automatic termination under section 56 or 56A--partners
56F. Resumption of a payment after suspension
56G. Date of effect of favourable determination
56GA. Date of effect of determination under section 56C--dependent child
56H. Date of effect of adverse determination
56J. Payment may be cancelled at recipient's request
56K. Payment may be suspended if instalments not drawn
56L. Commission may end suspension
56M. Effect of cancellation or suspension
56N. Changes to payments by computer

Division 16--Review of decisions

57. Persons who may seek review of certain decisions
57A. Application for review
57B. Commission's powers where request for review
57C. Date of effect of certain review decisions
57D. Commission must make written record of review decision and reasons
57E. Person who requested review to be notified of decision
57F. Powers of Commission to gather evidence
57G. Withdrawal of request for review
57H. Commission may reimburse certain expenses

Division 17--Administration of payments

Subdivision A--General administration of payments

58. Application of Subdivision
58A. Payment by instalments
58C. Manner of payment
58D. Agents
58E. Pension payday falling on public holiday etc.
58F. Payment into bank account etc.
58J. Payments to Commissioner of Taxation or Child Support Registrar

Subdivision B--Payments outside Australia

58K. Age, invalidity and partner service pensions, income support supplement and veteran payment generally portable
58L. Manner of payment outside Australia
58M. No portability if claim based on short - term residence
58N. Transfer to portable pension

Division 18--Indexation

Subdivision A--Preliminary

59. Analysis of Division
59A. Indexed and adjusted amounts

Subdivision B--CPI indexation

59B. CPI Indexation Table
59C. Indexation of amounts
59D. Indexation factor
59E. Rounding off indexed amounts
59EAA. Indexation using Pensioner and Beneficiary Living Cost Index
59EAB. Living cost indexation factor
59EAC. Rounding off amounts
59EA. Certain indexed amounts to be increased in line with increases in Male Total Average Weekly Earnings

Subdivision C--Adjustment of other rates

59G. Adjustment of single pension rate MBR amount
59GA. Adjustment of rent free area
59GB. Adjustment of adjusted income free area
59H. Adjustment of pension single non - property owner AVL
59J. Adjustment of special illness separated special resident AVL
59LA. Adjustment of ceiling rate
59LB. Adjustment of veteran payment maximum basic rates

PART IIIC--COMPENSATION--RECOVERY

Division 1--General

59M. General effect of Part
59N. Certain lump sums to be treated as though they were received as periodic payments
59O. Effect of certain State and Territory laws

Division 2--Enforcement of compensation rights

59P. Commission may require person to take action to obtain compensation

Division 3--Receipt of compensation

59Q. Pension etc. not payable during lump sum preclusion period
59QA. Deemed lump sum payments arising from separate payments
59R. Person may have to repay amount where both lump sum and pension have been received
59S. Lump sum compensation not counted as ordinary income
59T. Effect of periodic compensation payments on rate of person's compensation affected pension
59TA. Effect of periodic compensation payments on rate of partner's compensation affected pension
59U. Claim for compensation affected pension granted to person qualified for compensation affected payment under Social Security Act
59V. Rate reduction under both income/assets test and this Part
59W. Person may have to repay amount where both periodic compensation payments and pension have been received
59X. Periodic compensation payments not counted as ordinary income

Division 4--Compensation payers

59Y. Commission may send preliminary notice to potential compensation payer
59Z. Potential compensation payer must notify Department of liability
59ZA. Commission may send recovery notice to compensation payer
59ZB. Preliminary notice or recovery notice suspends liability to pay compensation
59ZC. Compensation payer's payment to Commonwealth discharges liability to compensation recipient
59ZD. Offence to make compensation payment after receiving preliminary notice or recovery notice

Division 5--Insurers

59ZE. Commission may send preliminary notice to insurer
59ZF. Insurer must notify Department of liability
59ZG. Commission may send recovery notice to insurer
59ZH. Preliminary notice or recovery notice to insurer suspends both insurer's and compensation payer's liability
59ZI. Insurer's payment to Commonwealth discharges liability
59ZJ. Offence to make compensation payment after receiving preliminary notice or recovery notice

Division 6--Miscellaneous

59ZK. Commission may give recovery notice either to compensation payer or to insurer but not to both
59ZL. Commission may disregard some payments
59ZM. Part to bind Crown

PART IIID--QUARTERLY--PENSION SUPPLEMENT

60. When this Part applies
60A. Quarterly pension supplement
60B. Rate of quarterly pension supplement
60C. Payment of quarterly pension supplement

PART IIIE--CLEAN--ENERGY PAYMENTS

Division 2--Energy supplements

Subdivision A--Energy supplements for pensions under Parts II and IV

62A. Energy supplement for veterans and members of Defence Force or Peacekeeping Force
62B. Energy supplement for war widow/war widower pension
62C. Disregard nil rate in certain circumstances
62D. Electing for quarterly payment of energy supplement for pension under Part II or IV

Subdivision B--Quarterly energy supplement for service pension

62E. Quarterly energy supplement for service pension

Division 3--Essential medical equipment payment

Subdivision A--Definitions

63A. Definitions

Subdivision B--Eligibility for essential medical equipment payment

63B. Eligibility for essential medical equipment payment
63C. The medical needs requirement
63D. The concession requirement
63E. The energy account requirement
63F. Availability of payments
63G. Amount of payment
63H. Debts arising in respect of essential medical equipment payments

Subdivision C--Claim for essential medical equipment payment

63J. Need for a claim
63K. Special requirements regarding claims for essential medical equipment payment
63L. Who can claim?
63M. Making a claim
63N. Claimant must be an Australian resident
63P. Claim may be withdrawn

Subdivision D--Investigation of claim

63Q. Secretary to investigate claim and submit it to Commission

Subdivision E--Consideration and determination of claim

63R. Duties of Commission in relation to claim
63S. Entitlement determination
63T. Date of effect of determination

Division 4--Review of decisions

64A. Review of certain decisions
64B. Application for review
64C. Commission's powers where request for review
64D. Date of effect of certain review decisions
64E. Commission must make written record of review decision and reasons
64F. Person who requested review to be notified of decision
64G. Powers of Commission to gather evidence
64H. Withdrawal of request for review

Division 5--Multiple entitlement exclusions

65A. Multiple entitlement exclusions

PART IIIF--ONE---OFF ENERGY ASSISTANCE PAYMENT

66. One - off energy assistance payment--this Act
67. One - off energy assistance payment--MRCA
67A. One - off energy assistance payment-- Safety, Rehabilitation and Compensation Act 1988
67B. More than one entitlement
67C. Claim not required for one - off energy assistance payment
67D. Payment of one - off energy assistance payment

PART IIIG--2019--ONE-OFF ENERGY ASSISTANCE PAYMENT

67E. One - off energy assistance payment--this Act
67F. One - off energy assistance payment--MRCA
67G. One - off energy assistance payment-- Safety, Rehabilitation and Compensation (Defence - related Claims) Act 1988
67H. More than one entitlement
67J. Claim not required for one - off energy assistance payment
67K. Payment of one - off energy assistance payment

PART IIIH--2020--ECONOMIC SUPPORT PAYMENT

Division 1--First 2020 economic support payment

67L. First 2020 economic support payment
67M. More than one entitlement
67N. Claim not required for first 2020 economic support payment
67P. Payment of first 2020 economic support payment

Division 2--Second 2020 economic support payment

67Q. Second 2020 economic support payment
67R. More than one entitlement
67S. Claim not required for second 2020 economic support payment
67T. Payment of second 2020 economic support payment

Division 3--Eligibility

67U. Purpose of this Division
67V. Payments under this Act
67W. Veterans' Children Education Scheme
67X. Seniors health card, gold card etc.
67Y. MRCA
67Z. Education scheme under MRCA
67ZA. Safety, Rehabilitation and Compensation (Defence - related Claims) Act 1988
67ZB. Residence requirement

PART IIIJ--ADDITIONAL--ECONOMIC SUPPORT PAYMENTS

Division 1--Additional economic support payment 2020

67ZC. Additional economic support payment 2020
67ZD. More than one entitlement
67ZE. Claim not required for additional economic support payment 2020
67ZF. Payment of additional economic support payment 2020

Division 2--Additional economic support payment 2021

67ZG. Additional economic support payment 2021
67ZH. More than one entitlement
67ZI. Claim not required for additional economic support payment 2021
67ZJ. Payment of additional economic support payment 2021

Division 3--Eligibility

67ZK. Purpose of this Division
67ZL. Payments under this Act
67ZM. Seniors health card, gold card etc.
67ZN. MRCA
67ZO. Safety, Rehabilitation and Compensation (Defence - related Claims) Act 1988

PART IIIK--2022--COST OF LIVING PAYMENT

Division 1--2022 cost of living payment

67ZP. 2022 cost of living payment
67ZQ. More than one entitlement
67ZR. Claim not required for 2022 cost of living payment
67ZS. Payment of 2022 cost of living payment

Division 2--Eligibility

67ZT. Purpose of this Division
67ZU. Payments under this Act
67ZV. Veterans' Children Education Scheme
67ZW. Seniors health card, gold card etc.
67ZX. MRCA
67ZY. Education scheme under MRCA
67ZZ. Safety, Rehabilitation and Compensation (Defence - related Claims) Act 1988
67ZZA. Residence requirement

PART IV--PENSIONS--BY WAY OF COMPENSATION TO MEMBERS OF DEFENCE FORCE OR PEACEKEEPING FORCE AND THEIR DEPENDANTS

Division 1--Interpretation

68. Interpretation
69. Application of Part to members of the Forces
69A. Application of Part to members of the Forces who render hazardous service
69B. Application of Part to persons who rendered British nuclear test defence service

Division 2--Eligibility for pensions by way of compensation to members of Defence Force or Peacekeeping Force and their dependants

70. Eligibility for pensions by way of compensation to members of Defence Force or Peacekeeping Force and their dependants
70A. Most defence - caused injuries, diseases and deaths of members of the Defence Force no longer covered by this Act
71. Application of certain provisions of Part II
72. Dual entitlement to pension

Division 3--Rates of pension

73. Application of Divisions 4 and 5 of Part II

Division 4--Pension and other compensation

73A. This Division does not apply to certain payments
74. Payments by way of compensation or damages
75. Proceedings against third party
76. Payment of damages to Commonwealth
77. Discharge of liability of Commonwealth to pay damages
78. Other payments of compensation
79. Overpayments of pension

PART IVA--ADVANCE--PAYMENTS OF PENSION AND INCOME SUPPORT SUPPLEMENT

Division 1--General

79A. Definition

Division 2--Eligibility for advance payment

79B. Eligibility for advance payment

Division 3--Applying for advance payment

79C. Application
79D. Who can apply
79E. Making an application
79G. Applicant must be Australian resident and in Australia
79H. Application may be withdrawn

Division 4--Determination of application and payment of advance payment

79I. Commission to determine application
79J. Payment of advance payment

Division 5--Amount of advance payment

79K. Amount of advance payment

Division 6--Advance payment deductions

79L. Advance payment deduction
79M. Amount of advance payment deduction--basic calculation
79N. Person may request larger advance payment deduction
79O. Reduction of advance payment deduction in cases of severe financial hardship
79P. The final advance payment deduction
79Q. Payment rate insufficient to cover advance payment deduction
79R. Rounding of amounts
79S. Unrepaid advance payments to deceased partner to be disregarded

Division 7--Review by Commission

79T. Request for review
79U. Commission's powers
79V. Commission must make written record of review decision and reasons
79W. Person who requested review to be notified of decision
79X. Powers of Commission to gather evidence
79Y. Withdrawal of request for review

PART V--MEDICAL--AND OTHER TREATMENT

80. Interpretation
81. Application of Part V
84. Provision of treatment
85. Veterans eligible to be provided with treatment
85A. Treatment under section 279 or 280 of the MRCA for aggravated injuries or diseases
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
86. Dependants eligible to be provided with treatment
88A. Commission may determine specified veterans and others are eligible to be provided with specified treatment
88B. Provision of services under the Veteran Suicide Prevention pilot
89. Treatment at hospitals and other institutions
90. Treatment Principles
90AA. Provision of services under the Coordinated Veterans' Care mental health pilot
90A. Repatriation Private Patient Principles
90B. Application of Repatriation Private Patient Principles
91. Repatriation Pharmaceutical Benefits Scheme
92. Counselling services and psychiatric assessment
93. Recovery of cost of treatment
93A. Charges payable to Commonwealth
93B. False statements relating to treatment
93C. Knowingly making false statements relating to treatment
93D. Bribery etc.
93E. Prohibited practices in relation to the rendering of pathology services
93F. Offences against 2 or more provisions
93G. Statements inadmissible in evidence
93H. Recovery of amounts paid because of false statements
93J. Prosecution of offences

PART VA--EXTENSION--OF REPATRIATION PHARMACEUTICAL BENEFITS SCHEME

Division 1--Definitions

93K. Definitions

Division 2--Pharmaceutical benefits may be obtained

93L. Certain veterans and mariners may obtain pharmaceutical benefits

Division 3--Eligibility for, and entitlement to, pharmaceutical benefits card

Subdivision A--Eligibility

93M. Who is eligible?

Subdivision B--Entitlement

93N. Entitlement to a pharmaceutical benefits card under this Part

Division 4--Claim for pharmaceutical benefits card under this Part

93P. Need for a claim
93Q. Who can claim?
93R. Making a claim
93T. Claimant must be an Australian resident and in Australia
93U. Claim may be withdrawn

Division 5--Investigation of claim

93V. Secretary to investigate claim and submit it to Commission

Division 6--Consideration and determination of claim

93W. Duties of Commission in relation to claim
93X. Entitlement determination
93Y. Date of effect of determination

Division 7--Review of decisions

93Z. Review of certain decisions
93ZA. Application for review
93ZB. Commission's powers where request for review
93ZC. Date of effect of certain review decisions
93ZD. Commission must make written record of review decision and reasons
93ZE. Person who requested review to be notified of decision
93ZF. Powers of Commission to gather evidence
93ZG. Withdrawal of request for review

PART VI--ALLOWANCES--AND OTHER BENEFITS

Division 1--Preliminary

94. Interpretation
96. Application

Division 2--Eligibility for allowances and other benefits

97. Clothing allowance
98. Attendant allowance
98A. Bereavement payment in respect of partnered veterans receiving pensions by way of compensation
98AA. Bereavement payments in respect of certain single veterans receiving pensions by way of compensation
98B. Funeral benefits--automatic grant to estate of certain deceased veterans
99. Further funeral benefits--veterans
100. Funeral benefits--dependants of deceased veterans
102. Decoration allowance
103. Victoria Cross allowance
104. Recreation transport allowance
105. Vehicle Assistance Scheme
106. Special assistance
108. Loss of earnings allowance
109. Advances on account of loss of earnings allowance
110. Travelling expenses

Division 3--Procedural

111. Application
112. Time for applying for certain benefits
113. Time for applying for funeral benefit
114. Commencement of payment of certain allowances
115. Review of decision etc.

PART VIA--REHABILITATION

Division 1--Preliminary

115A. Definitions
115B. Veterans' Vocational Rehabilitation Scheme

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

115C. Rate of pension while on program
115D. Reduced daily pension amount--pensions under Parts II and IV
115E. Application for increase in reduced daily pension amount
115F. Determination by the Commission
115G. Excluded income amount--invalidity service pensions

Division 3--Recovery of cost of rehabilitation

115H. Recovery of cost of rehabilitation
115J. Where a person receives a notice under subsection 115H(6)
115K. Recovery of amount by the Commonwealth
115L. Determination of amount of costs of rehabilitation programs

PART VIB--PRISONER--OF WAR RECOGNITION SUPPLEMENT

Division 1--Eligibility for prisoner of war recognition supplement

115M. Eligibility for prisoner of war recognition supplement
115N. When prisoner of war recognition supplement is payable

Division 2--Rate of prisoner of war recognition supplement

115P. Rate of prisoner of war recognition supplement

Division 3--Claims for prisoner of war recognition supplement

115Q. Making of claims
115R. Determination of claims

PART VIC--ACUTE--SUPPORT

115S. Acute support package

PART VII--VETERANS----CHILDREN EDUCATION SCHEME

116. Interpretation
116A. Determination of class of persons for the purposes of paragraph (e) of the definition of eligible child in subsection 116(1)
116B. Eligible child of a veteran--person may apply for determination under subsection 116C(2)
116C. Eligible child of a veteran--Commission may determine that a person is a member of a class under section 116A
116CA. Determination of class of persons for the purposes of the definition of eligible grandchild of a Vietnam veteran in subsection 116(1)
116CB. Eligible grandchild of a Vietnam veteran--person may apply for determination under subsection 116CC(2)
116CC. Eligible grandchild of a Vietnam veteran--Commission may determine that a person is a member of a class under section 116CA
116D. Review of Commission's decisions
117. Veterans' Children Education Scheme
118. Commission may provide benefits under Veterans' Children Education Scheme

PART VIIAA--EDUCATION--ENTRY PAYMENT

118AA. Eligibility
118AAB. Need for a claim
118AAC. Entitlement to and amount of payment
118AAD. Payment to be refunded

PART VIIA--VETERANS--SUPPLEMENT

Division 1--Eligibility for veterans supplement

118A. Veterans supplement for dependants of deceased veterans or for persons eligible for pharmaceutical benefits
118B. Veterans supplement for certain Part II and Part IV pensioners or for World War 1 veterans

Division 2--Rate of veterans supplement

118C. Rate of veterans supplement--section 118A
118D. Rate of veterans supplement--section 118B

PART VIIAD--ENERGY--SUPPLEMENT

Division 1--Eligibility

118P. Eligibility for energy supplement
118PA. When energy supplement is payable

Division 2--Rate of energy supplement

118PB. Rate of energy supplement

Division 3--Payment of energy supplement

118PC. Payment of energy supplement

PART VIIC--SENIORS--HEALTH CARD

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

Subdivision A--Eligibility

118V. Eligibility for seniors health card

Subdivision B--Entitlement

118W. Entitlement to a seniors health card
118X. Social Security cardholder not entitled

Subdivision C--Modifications of provisions in this Division

118XA. Modifications if person's rate of service pension or income support supplement is nil on 1 January 2017
118XB. Other modifications because of social security law

Division 2--Claim for seniors health card

118Y. Need for a claim
118Z. Who can claim?
118ZA. Making a claim
118ZC. Claimant must be an Australian resident and in Australia
118ZD. Claim may be withdrawn

Division 3--Investigation of claim

118ZE. Secretary to investigate claim and submit it to Commission

Division 4--Consideration and determination of claim

118ZF. Duties of Commission in relation to claim
118ZG. Entitlement determination
118ZH. Date of effect of determination

Division 5--Cardholder's obligations

118ZI. Secretary may require notice of the happening of event or a change in circumstances
118ZJ. Secretary may require particular information relevant to eligibility for seniors health card
118ZJA. When copy of notice of assessment of taxable income to be given to Department

Division 6--Continuation, variation and termination

118ZK. Continuing effect of determination
118ZL. Person ceases to be entitled to card automatically--recipient complying with section 118ZI notification obligations
118ZM. Person ceases to be entitled to card automatically--recipient not complying with section 118ZI notification obligations
118ZN. Determination that a person ceases to be entitled to a seniors health card
118ZO. Person may cease to be entitled to a seniors health card for failure to comply with section 118ZJ notice
118ZP. Resumption of entitlement
118ZQ. Date of effect of favourable determination
118ZR. Date of effect of adverse determination

Division 7--Review of decisions

118ZS. Review of certain decisions
118ZT. Application for review
118ZU. Commission's powers where request for review
118ZV. Date of effect of certain review decisions
118ZW. Commission must make written record of review decision and reasons
118ZX. Person who requested review to be notified of decision
118ZY. Powers of Commission to gather evidence
118ZZ. Withdrawal of request for review

Division 8--Seniors Health Card Income Test Calculator

118ZZA. Seniors Health Card Income Test Calculator

PART VIII--GENERAL--PROVISIONS APPLICABLE TO PENSIONS ETC.

119. Commission not bound by technicalities
120. Standard of proof
120A. Reasonableness of hypothesis to be assessed by reference to Statement of Principles
120B. Reasonable satisfaction to be assessed in certain cases by reference to Statement of Principles
121. Instalments of pension
122. Payment of pension
122A. Pension or supplement may be paid to bank etc.
122AA. Use and disclosure of account details
122B. Direct deductions at person's request
122C. Payment of pension or allowance outside Australia
123. Interpretation
123A. Payment of pension etc. on death of person
123B. Distribution where deceased leaves valid will
123C. Intestacy
123D. Statutory order of distribution
123E. Non - distributable amounts
124. Termination of pension
125. Pensions etc. absolutely inalienable
126. Death of claimant etc.
126A. Death of a person who has not made a formal claim etc.
127. Power to obtain information
128. Secretary may obtain information etc.
128A. Provision of tax file numbers
129. Self - incrimination
129A. Manner of giving notice or other document
130. Furnishing of information
131. Interpretation
132. Payment of travelling expenses in certain cases
132A. Advance of travelling expenses

PART IX--VETERANS----REVIEW BOARD

Division 1--Preliminary

133. Interpretation
133A. Board's objective

Division 2--Continuance of Veterans' Review Board

134. Continuance of Veterans' Review Board

Division 3--Review by the Board of decisions

135. Review of decisions in respect of pensions and attendant allowances
135A. Review of decisions relating to acute support packages
136. Application for review
137. Secretary to prepare report
137A. Ongoing requirement for lodging material documents with Board
138. Board not bound by technicalities etc.
138A. Board may remit matters to Commission for further consideration
139. Decision of Board
140. Board to give notice of decision and reasons to parties
140A. Correction of errors in decisions or statements of reasons

Division 4--Organization of the Board

141. Constitution of Board for exercise of powers
141A. Management of administrative affairs of Board
142. Arrangement of business of Board
143. Members to constitute Board
144. Member ceasing to be member etc.

Division 4A--Alternative dispute resolution processes

145A. Referral of review for alternative dispute resolution process
145B. Directions by Principal Member
145C. Agreement about the terms of a decision etc.
145D. Evidence not admissible
145E. Eligibility of person conducting alternative dispute resolution process to sit as a member of the Board
145F. Participation by telephone etc.
145G. Engagement of persons to conduct alternative dispute resolution processes

Division 5--Proceedings before the Board

146. Principal Member or Senior Member to preside at hearing
147. Parties to review before Board
148. Procedure of Board
149. Questions to be decided by majority of Board
150. Hearing to be in private except in special circumstances
151. Powers of Board
152. Request to Secretary for documents etc.
153. Information may be made available to parties
154. Period of operation of certain decisions of Board
155. Dismissal of applications
155A. Review by Administrative Review Tribunal

Division 6--Date of operation of decisions of Board

156. Date of operation of decision by Board
157. Dates that may be specified

Division 7--Membership of the Board

158. Appointment of members of Board
159. Terms of appointment
160. Remuneration and allowances of members
161. Acting members
162. Leave of absence
163. Resignation
164. Removal from office
165. Disclosure of interests

Division 8--Miscellaneous

166. Delegation
167. Immunity
168. Failure of witness to attend
169. Refusal to be sworn or to answer questions etc.
170. Contempt of Board
170A. Medical expenses
170B. Travelling expenses for obtaining medical evidence
170C. Advance of travelling expenses
171. Fees for witnesses
172. Staff to assist Board
173. Oath or affirmation of office

PART X--REVIEW--OF DECISIONS BY ADMINISTRATIVE REVIEW TRIBUNAL

174. Interpretation
175. Applications for review
176. Application of Administrative Review Tribunal Act
177. Effective dates of certain determinations relating to payment of pension or seniors health card
178. Period of operation of certain decisions of Administrative Review Tribunal

PART XI--THE--REPATRIATION COMMISSION

Division 1--Establishment, functions and powers

179. Continuance of Commission
179A. Application of the Public Governance, Performance and Accountability Act 2013 to the Commission
180. Functions of Commission
180A. Determination by Commission
181. Powers of Commission

Division 2--Constitution and meetings of Commission

182. Membership of the Commission
183. President and Deputy President
184. Appointment of Secretary as a Commissioner and President
185. Remuneration and allowances
186. Leave of absence
187. Resignation
188. Termination of appointment
189. Commissioner to disclose any interest in claims for pensions etc.
191. Acting commissioners
192. Acting President or Deputy President
193. Appointment to act as President and also Secretary
194. Appointments
195. Meetings

Division 3--Staff

196. Staff

PART XIA--THE--REPATRIATION MEDICAL AUTHORITY

Division 1--Establishment, functions and powers

196A. Establishment of Authority
196AA. Application of the Public Governance, Performance and Accountability Act 2013 to the Authority
196B. Functions of Authority
196C. Powers of Authority with respect to investigations
196CA. Authority not required to investigate certain requests
196CB. Authority may consolidate requests
196E. Request for an investigation, review etc.
196F. Submissions to the Authority
196G. Notice of investigation
196H. Copyright in submissions
196I. Access to information
196J. Notice of decision not to make etc. Statement of Principles
196K. Repatriation Medical Authority to send information to Review Council
196KA. Definitions for the purposes of the MRCA

Division 2--Constitution and meetings

196L. Membership
196M. Qualifications
196N. Tenure of office
196O. Resignation
196P. Termination of appointment
196Q. Acting Chairperson
196R. Meetings
196S. Remuneration and allowances

Division 3--Staff and consultants

196T. Staff
196U. Consultants

Division 4--Annual report

196UA. Annual report

PART XIB--THE--SPECIALIST MEDICAL REVIEW COUNCIL

Division 1--Establishment and functions

196V. Establishment of Specialist Medical Review Council
196VA. Application of the Public Governance, Performance and Accountability Act 2013 to the Review Council
196W. Functions of Review Council
196X. Notification of decision of Review Council to be notified in Gazette
196Y. Request for review of contents of Statement of Principles etc.
196Z. Request for review of decision of Repatriation Medical Authority not to carry out an investigation
196ZA. Submissions to Review Council
196ZB. Notice of investigation
196ZC. Copyright in submissions
196ZD. Access to information

Division 2--Constitution and meetings

196ZE. Membership
196ZF. Qualifications
196ZG. Tenure of office
196ZH. Resignation
196ZI. Termination of appointment
196ZJ. Acting Convener
196ZK. Conduct of reviews
196ZL. Remuneration and allowances

Division 3--Staff

196ZM. Staff

Division 4--Payment of medical and travelling expenses

196ZN. Medical expenses
196ZO. Travelling expenses for obtaining medical evidence
196ZP. Advance of travelling expenses for obtaining medical evidence
196ZQ. Travelling expenses for making oral submissions

Division 5--Lodgement of requests and applications

196ZR. Lodgement of requests and applications

PART XII--MISCELLANEOUS

197A. Saving and transitional provisions
197. Pensions etc. not for certain members of the Defence Force
198. Variation of rates of certain pensions
198A. Variation of rates of orphan's pension
198D. Variation of rates of certain allowances etc.
198E. Variation of amount of essential medical equipment payment
198F. Indexation of veterans supplement
198FA. Indexation of Victoria Cross allowance
198FAA. Indexation of seniors health card income limit
198FB. Rates for service pension and income support supplement increased on 20 September 2009
198G. 1 July 2000 increase in certain amounts
198GA. 1 July 2000 increase in rent assistance amounts
198H. Adjustment of amounts following 1 July 2000 increase
198J. 1 July 2000 increase in income test free area
198K. 1 July 2000 increase in assets test free area
198L. 1 July 2000 increase in income/assets reduction limit
198M. Rounding off provisional replacement amounts
198MA. Adjustment of indexation factor under section 59D for limited time on and after 20 March 2013 for certain purposes
198MB. Adjustment of living cost indexation factor for limited time on and after 20 March 2013 for certain purposes
198N. Cancellation of entitlement to pension
199. Appropriation
200. Commission may accept contributions
201. Commission may administer trusts
202. Appointment of trustees
202A. Commission or public servant acting as trustee
202B. Other person acting as trustee
203. International arrangements
204. Debt recovery relating to payment of comparable foreign pension
205. Recovery of overpayments
205AAA. Notices in respect of debt
205AAB. Interest on debt
205AAC. Determination that interest not to be payable
205AAD. Administrative charge
205AAE. Penalty interest rate
205AA. Recovery of overpayment by deduction from other pension, benefit or allowance
205AB. Recovery of certain amounts from financial institutions
205A. Commission may take action in relation to money owing to pensioners
205B. Certain decisions of Commission reviewable under Social Security Act etc.
206. Waiver etc. of debts
208. Offences
209. Multiple offences
210. Judicial notice to be taken of certain matters
210A. Evidence
211. Order for repayment of pension etc.
212. Delegation by Minister
213. Delegation by Commission
214. Delegation by Secretary
214A. Telephone access to offices at cheap rate
215. Annual report
216. Regulations
SCHEDULE 1 Repealed Acts
SCHEDULE 2 Operational areas
SCHEDULE 2A Classes of permanent visas
SCHEDULE 3 Peacekeeping forces
SCHEDULE 4 Oath and affirmation
SCHEDULE 5 Savings and transitional provisions
SCHEDULE 6 Calculation of rates of service pension, income support supplement and veteran payment

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