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VETERANS' ENTITLEMENTS (CLARKE REVIEW) ACT 2004 - SCHEDULE 1

Indexation of above general rate disability pensions

 

Veterans' Entitlements Act 1986

1   Subsection   22(4)

Omit "increased by 50% of the maximum rate set out in subsection   (3)", substitute "$433.65 per fortnight".

2   Paragraph   98B(1)(a)

Omit "a rate that had been increased under", substitute "the rate specified in".

3   Subparagraph   99(2)(a)(i)

Omit "increased", substitute "worked out".

4   Subparagraph   113(2)(b)(i)

Omit "increased", substitute "worked out".

5   Subsection   198(1)

Insert:

"above general rate" means the following rates:

  (a)   the rate under subsection   22(4);

  (b)   the rate under subsection   23(4);

  (c)   the rate under subsection   24(4).

6   Subsection   198(1) (paragraphs   (b) and (c) of the definition of relevant rate )

Repeal the paragraphs.

7   At the end of subsection   198(4) (before the note)

Add:

Note 1:   For indexation of each above general rate, see subsection   (5E).

8   Subsection   198(4) (note)

Omit "Note", substitute "Note 2".

9   After subsection   198(5D)

Insert:

  (5E)   This Act has effect as if, on the first day (the adjustment day ) of each relevant period, there were substituted, for each above general rate, the rate worked out as follows:

Method statement

Step 1.   Work out the general rate on the adjustment day.

Step 2.   Work out the general rate on the day before the adjustment day.

Step 3.   Work out the above general rate on the day before the adjustment day.

Step 4.   Subtract the rate at step 2 from the rate at step 3.

Step 5.   Multiply the amount worked out at step 4 by the pension MBR factor specified in section   59LA (rounding the result up to the nearest $0.10).

Step 6.   Add the rate worked out at step 1 to the amount worked out at step 5: the result is the above general rate on the adjustment day.

10   Subsection   198(10)

After "relevant rate", insert "or an above general rate".



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