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VETERANS' ENTITLEMENTS ACT 1986 - SECT 45UY

Modification of provisions of this Part in respect of persons to whom this Division applies

  (1)   For the purposes of working out the amount of the pension bonus payable under this Part to a person to whom this Division applies and subject to subsection   (2), if the Commission determines, under section   45UX, that a period would have accrued to the person as a bonus period under the social security law, then:

  (a)   that bonus period is to be treated as if it were a bonus period that had accrued to the person under this Act; and

  (b)   that bonus period, or if more than one, the last such bonus period, is to be treated as if it were continuous with the first bonus period (if any) that accrues to the person under this Act after the person becomes a war widow/war widower--pensioner.

  (2)   Subsection   (1) applies in relation to a part - year period that the Commission determines is a bonus period that would have accrued, under the social security law, to a person to whom this Division applies only if:

  (a)   that bonus period is immediately preceded by a period that the Commission determines would have been another bonus period accruing to the person under that law; or

  (b)   that bonus period, when aggregated with any bonus period or bonus periods accruing to the person under this Act after the person becomes a war widow/war widower--pensioner, would amount to at least one year.

  (3)   If:

  (a)   a person to whom this Division applies has a part - year period of accruing membership of the pension bonus scheme under this Act; and

  (b)   the part - year period does not begin immediately after a bonus period accruing to that person under this Act;

then, for the purposes of applying subsection   45TR(3) of this Act in determining whether that part - year period is a bonus period under this Act, the Commission may treat that part - year period as if it were immediately preceded by a bonus period accruing to that person under this Act.

 

Commonwealth Coat of Arms of Australia

Veterans' Entitlements Act 1986

No.   27, 1986

Compilation No.   192

Compilation date:   14 October 2024

Includes amendments:   Act No. 38, 2024

This compilation is in 4 volumes

Volume 1:   sections   1- 45UY

Volume 2:   sections   46- 93ZG

Volume 3:   sections   94- 216

Volume 4:   Schedules

  Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Veterans' Entitlements Act 1986 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date ).

The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self - repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

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

 



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