Commonwealth Consolidated Acts

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VETERANS' ENTITLEMENTS ACT 1986 - SECT 79B

Eligibility for advance payment

  (1)   Subject to subsection   (2), a person is eligible for an advance payment of an amount of pension only if:

  (a)   the pension is payable to the person; and

  (b)   throughout the 3 months immediately before the person's application for the advance payment is made, the person was receiving a pension, a social security pension or a social security benefit; and

  (c)   the Commission is satisfied that the person will not suffer financial hardship from the reductions to be made in future instalments of the pension to recover the advance payment.

  (2)   A person is not eligible for an advance payment if:

  (a)   the maximum amount of advance payment to which the person would be entitled under Division   5 is less than 1 / 52 of the person's advance payment eligible amount; or

  (b)   the amount of an advance payment of:

  (i)   pension; or

  (ii)   a social security entitlement under Part   2.22 of the Social Security Act;

    that the person received in full (whether as a single lump sum or in instalments) more than 12 months ago has not been fully repaid; or

  (c)   the person owes a debt to the Commonwealth under section   205 or 205A.

The amount worked out under paragraph   (a) must be rounded to the nearest cent (rounding 0.5 cents upwards).

Note 1:   Paragraph   (a) does not prevent payment of an advance payment in instalments of less than the amount worked out under that paragraph.

Note 2:   For advance payment eligible amount , see subsection   5Q(1).



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