Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Commission may, by legislative instrument, make provision for and in relation to the making of a payment (a veteran payment ) to a person (the primary person ) for whom the following criteria are met:
(a) the primary person has made:
(i) a claim under section 319 of the Military Rehabilitation and Compensation Act 2004 of a kind covered by paragraph 319(1)(a) of that Act; or
(ii) a claim under section 54 of the Safety, Rehabilitation and Compensation (Defence - related Claims) Act 1988 ;
(b) for a claim under section 319 of the Military Rehabilitation and Compensation Act 2004 --the claim is for:
(i) an injury (within the meaning of that Act) sustained by the primary person that is a mental injury, including the recurrence of a mental injury; or
(ii) a disease (within the meaning of that Act) contracted by the primary person that is a mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), including the recurrence of such an ailment, disorder, defect or morbid condition;
(c) for a claim under section 54 of the Safety, Rehabilitation and Compensation (Defence - related Claims) Act 1988 --the claim is for:
(i) an injury (within the meaning of that Act) suffered by the primary person that is a mental injury, including an aggravation of a mental injury; or
(ii) an injury (within the meaning of that Act) that is a disease (within the meaning of that Act) suffered by the primary person that is a mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), including an aggravation of such a mental ailment, disorder, defect or morbid condition;
(d) the primary person is incapable of undertaking remunerative work for periods aggregating more than 8 hours per week;
(e) the primary person is an Australian resident, and is in Australia, on the day the claim referred to in paragraph (a) is made;
(f) the primary person has not reached pension age (within the meaning of subsections 5QB(2), (3), (4) and (5)) on the day the claim referred to in paragraph (a) is made;
(g) the Military Rehabilitation and Compensation Commission has not determined the claim.
Payment to partner
(2) An instrument under subsection (1) must also make provision for and in relation to the making of a payment (also a veteran payment ) to the primary person's partner (if any) in the following circumstances:
(a) the primary person is receiving a veteran payment referred to in subsection (1);
(b) the primary person's partner is an Australian resident, and is in Australia, on the day the claim referred to in paragraph (1)(a) is made.
(3) An instrument under subsection (1) may also make provision for the making of a payment (also a veteran payment ) to the primary person's partner in the following circumstances:
(a) the primary person dies;
(b) the primary person is receiving a veteran payment referred to in subsection (1) immediately before his or her death;
(c) the primary person's partner is receiving a veteran payment referred to in subsection (2) immediately before that death.
Matters instrument may deal with
(4) Without limiting subsection (1), an instrument under subsection (1) may make provision for and in relation to the following:
(a) further eligibility criteria for a veteran payment;
(b) what a person has to do to get a veteran payment;
(c) the duration of a veteran payment (which may include a period before or after the claim referred to in paragraph (1)(a) is determined);
(d) the conditions that apply to a person receiving a veteran payment;
(e) the suspension or cancellation of a veteran payment;
(f) the effect of the death of the primary person before the Commission has decided whether the primary person is eligible for a veteran payment;
(g) administrative matters, such as determination of entitlement to a veteran payment and how and when payments of a veteran payment will be made.
(5) Without limiting paragraph (4)(a), the criteria may depend on the Commission being satisfied of one or more specified matters.
Rate
(6) The rate of a veteran payment referred to in subsection (1), (2) or (3) is worked out in accordance with the Rate Calculator.
Note: Module A of the Rate Calculator establishes the overall rate calculation process and the remaining Modules provide for the calculation of the component amounts used in the overall rate calculation process.
Restriction on dual payments
(7) A veteran payment referred to in subsection (1), (2) or (3) is not payable to a person if the person:
(a) is receiving a service pension; or
(b) is receiving a pension under Part II or IV at a rate determined under or by reference to subsection 30(1); or
(c) is receiving compensation under Part 3 or 4 of Chapter 4 of the Military Rehabilitation and Compensation Act 2004 or receiving Special Rate Disability Pension under Part 6 of that chapter; or
(d) is receiving compensation under section 19, 20, 21, 21A or 22 of the Safety, Rehabilitation and Compensation (Defence - related Claims) Act 1988 .
(8) A veteran payment referred to in subsection (2) or (3) is not payable to a person if the person is a wholly dependent partner (within the meaning of the Military Rehabilitation and Compensation Act 2004 ) of a deceased member (within the meaning of that Act).
(9) If:
(a) a payment is made in respect of a person under the ABSTUDY Scheme; and
(b) the payment is made on the basis that the person is a full - time student; and
(c) in the calculation of the payment, an amount identified as living allowance is included; and
(d) the payment relates to a period;
a veteran payment referred to in subsection (1), (2) or (3) is not payable to the person in respect of any part of the period.
Incorporation of other instruments
(10) Despite subsection 14(2) of the Legislation Act 2003 , an instrument under subsection (1) of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.