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This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Veterans’
Affairs Legislation Amendment (1996-97 Budget and Other Measures) Bill
1996
No. ,
1996
(Veterans’
Affairs)
A Bill for an Act to amend the law
relating to veterans and the families of veterans, and for related
purposes
9621320—1,225/10.12.1996—(213/96) Cat.
No. 96 5701
0 ISBN 0644
483776
Contents
Part 1—Amendments relating to the transfer of carer
service
pension recipients and carer income
support
recipients 6valabh1.html
Part 2—Amendments relating to
appropriations 6valabh1.html
Part 3—Amendments relating to rent assistance for
single persons
sharing accommodation 6valabh1.html
Veterans’
Entitlements Act 1986 6valabh1.html
Veterans’ Entitlements (Transitional Provisions and
Consequential Amendments) Act
1986 6valabh1.html
Veterans’
Affairs Legislation Amendment Act
1992 6valabh1.html
Veterans’ Entitlements Act
1986 6valabh1.html
Veterans’ Entitlements (Rewrite) Transition Act
1991 6valabh1.html
Veterans’
Affairs Legislation Amendment (1995-96 Budget Measures) Act (No. 2)
1995 6valabh1.html
A
Bill for an Act to amend the law relating to veterans and the families of
veterans, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Veterans’ Affairs Legislation
Amendment (1996-97 Budget and Other Measures) Act 1996.
(1) Subject to subsections (2) and (3), this Act commences on the day on
which it receives the Royal Assent.
(2) Parts 1 and 3 of Schedule 1 and Schedules 2, 3, 4 and 5 commence on 1
July 1997.
(3) Schedule 6 is taken to have commenced on 20 March 1996, immediately
after the commencement of Schedule 6 to the Veterans’ Affairs
Legislation Amendment (1995-96 Budget Measures) Act (No. 2) 1995.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
Part
1—Amendments relating to the transfer of carer service pension recipients
and carer income support recipients
1 Section 5 (index)
Omit:
care receiver 5Q(1)
2 Subsection 5NB(1) (paragraph (c) of the
definition of compensation affected pension)
Repeal the paragraph.
3 Subsection 5Q(1) (definition of care
receiver)
Repeal the definition.
4 Subsection 5Q(1) (paragraph (c) of the
definition of service pension)
Omit “; or”, substitute “.”.
5 Subsection 5Q(1) (paragraph (d) of the
definition of service pension)
Repeal the paragraph.
6 Paragraph 35(1)(b)
Repeal the paragraph, substitute:
` (b) Divisions 3, 4 and 5 deal with the 3 kinds of service pension (age,
invalidity and partner service pension respectively); and
7 Subsection 35(2)
Omit “Divisions 3, 4, 5 and 6”, substitute “Divisions 3,
4 and 5”.
8 Division 6 of Part III
Repeal the Division.
9 Paragraph 41(1)(c)
Omit “and”.
10 Paragraph 41(1)(d)
Repeal the paragraph.
Note: The heading to section 41 is replaced by the heading
“Rate of age, invalidity and partner service pension (no dependent
children)”.
11 Subsection 41(2)
Omit “invalidity, partner or carer”, substitute
“invalidity or partner”.
12 Subsection 41(4)
Omit “age, invalidity or carer”, substitute “age or
invalidity”.
13 Paragraph 42(1)(c)
Omit “and”
14 Paragraph 42(1)(d)
Repeal the paragraph.
Note: The heading to section 42 is replaced by the heading
“Rate of age, invalidity and partner service pension (dependent child
or children)”.
15 Subsection 42(3)
Omit “age, invalidity or carer”, substitute “age or
invalidity”.
16 Point 42-C2 (table C-1, column
6)
Repeal the column.
17 Point 42-C2 (table C-1, item
5)
Repeal the item.
18 Point 42-C2 (key)
Omit “Service carer = carer service pension”.
19 Point 43-C2 (table C-1, column
6)
Repeal the column.
20 Point 43-C2 (table C-1, item
5)
Repeal the item.
21 Point 43-C2 (key)
Omit “Service carer = carer service pension”.
22 Subparagraph
45(1)(b)(ii)
Omit “or”.
23 Subparagraph
45(1)(b)(iii)
Repeal the subparagraph.
Note: The heading to section 45 is replaced by the heading
“Rate of age and invalidity service pension (war widow or war
widower)”.
24 Subparagraph
45(2)(b)(ii)
Omit “or”.
25 Subparagraph
45(2)(b)(iii)
Repeal the subparagraph.
26 Section 45AB
Repeal the section.
27 Paragraph 45D(1)(ba)
Repeal the paragraph.
28 Point 45Y-G2 (table G-1, column
8)
Repeal the column.
29 Point 45Y-G2 (table G-1, item
6)
Repeal the item.
30 Point 45Y-G2 (key)
Omit “Service care = carer service pension”.
31 Paragraph 50A(2)(c)
Repeal the paragraph, substitute:
(c) an instalment of partner service pension in respect of the person is
payable to the person’s partner during a pension period;
32 Subparagraph
50A(3)(c)(ii)
Omit “or”.
33 Subparagraph
50A(3)(c)(iii)
Repeal the subparagraph.
34 Subsection 52(1)
Omit “52G, 52H, 53AJ and 53AL”, substitute “52G and
52H”.
35 Subsection 52A(1)
Omit “52G, 52H, 53AJ and 53AL”, substitute “52G and
52H”.
36 Section 52K
Repeal the section.
37 Paragraph 52Q(3)(e)
Omit “sections 52G and 53AJ”, substitute “section
52G”.
38 Paragraph 52R(3)(e)
Omit “sections 52H and 53AL”, substitute “section
52H”.
39 Paragraph 52S(3)(e)
Omit “sections 52H and 53AL”, substitute “section
52H”.
40 Paragraph 52S(5)(eb)
Omit “sections 52H and 53AL”, substitute “section
52H”.
41 Paragraph 52T(3)(cb)
Omit “sections 52H and 53AL”, substitute “section
52H”.
42 Paragraph 52U(4)(e)
Omit “52G, 52H and 53AL”, substitute “52G and
52H”.
43 Section 52ZAA
Repeal the section.
44 Section 52ZN
Repeal the section.
45 Division 11A of Part
IIIB
Repeal the Division.
46 Section 53J (note 2)
Repeal the note.
47 Subdivision E of Division 12A of Part
IIIB
Repeal the Subdivision.
48 Division 12B of Part
IIIB
Repeal the Division.
49 Division 13A of Part
IIIB
Repeal the Division.
50 Sections 56BB and 56BC
Repeal the sections.
51 Section 56GAA
Repeal the section.
52 Subsection 56H(3)
Omit “subsections (4), (5), (6), (7), (8), (9), (10) and (11)”,
substitute “subsections (4), (5), (6), (7) and (8)”.
53 Subsections 56H(9), (10) and
(11)
Repeal the subsections.
54 Section 56HA
Repeal the section.
55 Subsection 56J(1)
Omit “invalidity service pension, partner service pension or carer
service pension”, substitute “invalidity service pension or partner
service pension”.
56 Subsection 56J(1) (note)
Omit “Similarly, if a person has been receiving carer service pension
because of caring for the veteran, that carer service pension will also be
terminated.”.
57 Section 56K
Omit “carer service pension”.
58 Section 56K (note 2)
Omit “Similarly, if a person has been receiving carer service pension
because of caring for the veteran, that carer service pension will also be
cancelled or suspended.”.
59 Section 57AA
Repeal the section.
60 Subsection 57A(1A)
Repeal the subsection.
61 Subsection 57A(2)
Omit “or (1A)”.
62 Section 57CA
Repeal the section.
63 Subsection 58K(1) (paragraph (ab) of the
note)
Omit “(4);”, substitute “(4).”.
64 Subsection 58K(1) (paragraph (b) of the
note)
Repeal the note.
65 Section 58KA
Repeal the section.
66 Sections 59GC, 59GD and
59GE
Repeal the sections.
67 Paragraph 59M(1)(e)
Repeal the paragraph.
68 Subsection 59M(6)
Repeal the subsection.
69 Section 59W (example 1)
Omit “carer” (wherever occurring), substitute
“partner”.
70 Paragraph 85(7)(b)
Omit “(other than a carer service pension)”.
71 Subsection 98(4A)
Repeal the subsection.
72 Subparagraph
118AA(a)(ii)
Repeal the subparagraph.
73 Subsection 205(1)
Omit “Subject to subsection (1AA), this”, substitute
“This”.
74 Subsection 205(1AA)
Repeal the subsection.
Part
2—Amendments relating to appropriations
75 Paragraph 199(b)
Repeal the paragraph, substitute:
and (b) medical and other treatment services provided under Part V;
and
Part
3—Amendments relating to rent assistance for single persons sharing
accommodation
76 Section 5 (index)
Insert:
single person sharing accommodation 5MD
77 After section 5MC
Insert:
(1) For the purposes of this Act, a person is to be treated as a single
person sharing accommodation if the Commission determines in writing that the
person is a single person sharing accommodation.
(2) In making a determination under subsection (1) the Commission is to
have regard to:
(a) whether the person shares accommodation with another person or other
persons and as a result incurs living expenses that are, or are likely to be,
less than they would have been if the person were living alone; and
(b) any other circumstances that the Commission considers
relevant.
(3) The Commission is not to make a determination under subsection (1) if
a person:
(a) is a member of a couple; or
(b) has dependent children; or
(c) pays, or is liable to pay, amounts for the person’s board and
lodging; or
(d) is residing in a nursing home or is in residential care.
Note 1: For residing in a nursing home see
subsection 5N(8).
Note 2: For residential care see subsection
5NAA(2).
(4) The Commission is not to make a determination under subsection (1)
only because a person shares accommodation with one or more recipient children
of the person.
(5) In this section:
recipient child means a child who receives any of the
following but who does not receive any amount by way of rent
assistance:
(a) a social security payment;
(b) an AUSTUDY allowance;
(c) a payment under the ABSTUDY Schooling scheme or the ABSTUDY Tertiary
scheme;
(d) a payment under the Veterans’ Children Education
Scheme;
(e) a youth training allowance.
78 After paragraph 41-C4(b)
Insert:
(c) whether or not the person is a single person sharing accommodation;
and
79 Point 41-C6
Omit “The rate of rent assistance is whichever is the lesser of rate
A and rate B applicable to the person in accordance with Table C-1.”,
substitute:
The rate of rent assistance is:
(a) if the person is not a single person sharing
accommodation—whichever is the lesser of rate A and rate B applicable to
the person in accordance with Table C-1; or
(b) if the person is a single person sharing accommodation—whichever
is the lesser of rate A applicable to the person in accordance with Table C-1
and two-thirds of rate B applicable to the person in accordance with Table
C-1.
80 Point 41-C6 (after note
2)
Insert:
Note 2A: For single person sharing
accommodation see section 5MD.
81 At the end of point
45X-D5
Add:
; and (c) whether or not the person is a single person sharing
accommodation.
82 Point 45X-D7
Omit “The rate of rent assistance is whichever is the lesser of rate
A and rate B applicable to the person in accordance with Table D-1.”,
substitute:
The rate of rent assistance is:
(a) if the person is not a single person sharing
accommodation—whichever is the lesser of rate A and rate B applicable to
the person in accordance with Table D-1; or
(b) if the person is a single person sharing accommodation—whichever
is the lesser of rate A applicable to the person in accordance with Table D-1
and two-thirds of rate B applicable to the person in accordance with Table
D-1.
83 Point 45X-D7 (after note
2)
Insert:
Note 2A: For single person sharing
accommodation see section 5MD.
Veterans’
Entitlements Act 1986
1 Sections 5F, 5H, 5Q, 36H, 37H, 38H, 45G, 45H
and 98
Omit “carer pension” (wherever occurring), substitute
“carer payment”.
Veterans’
Entitlements (Transitional Provisions and Consequential Amendments) Act
1986
2 Paragraph 10(4)(a)
Omit “carer pension”, substitute “carer
payment”.
Veterans’
Affairs Legislation Amendment Act 1992
1 Paragraph 83(a)
Repeal the paragraph, substitute:
(a) a veteran was eligible for fringe benefits because of subsection 17(1)
or (2) of the Veterans’ Entitlements (Rewrite) Transition Act 1991
as in force immediately before 1 July 1997; and
Note: The heading to section 83 is altered by omitting
“are” and substituting
“were”.
Veterans’
Entitlements Act 1986
2 Section 53A (notes 1 and
2)
Repeal the notes.
3 Subsection 53D(1) (note
4)
Omit “is” (first occurring), substitute
“was”.
4 Subsection 53D(1) (note
4)
After “Veterans’ Entitlements (Rewrite) Transition Act
1991”, insert “as in force immediately before 1 July
1997”.
5 Subsection 118Q(1) (note
2)
Repeal the note.
6 Subsection 118S(2) (note)
Repeal the note.
Veterans’
Entitlements (Rewrite) Transition Act 1991
7 Section 17
Repeal the section.
1 Subsection 57(1)
After “Subject to”, insert “subsections (2) and (3)
and”.
2 At the end of section 57
Add:
(3) If:
(a) an age pension is payable to a person; and
(b) the person or the person’s partner receives a veteran’s
disability pension; and
(c) the Secretary makes a determination for the purposes of this
subsection in relation to the person that specifies pension paydays for the
person; and
(d) the determination referred to in paragraph (c) has not been
revoked;
the instalments referred to in subsection (1) are to be paid to the person
on such pension paydays.
(4) In this section:
veteran’s disability pension has the same meaning for
the purposes of this section as disability pension has in section
5Q of the Veterans’ Entitlements Act 1986.
3 After section 59
Insert:
(1) Despite any other provision of this Act, this section applies
if:
(a) the Secretary determines pension paydays under subsection 57(3);
and
(b) the first pension payday specified in the determination (the
first pension payday) is 7 days after the pension payday that
applies under subsection 57(1).
(2) The rate at which age pension is payable to the person on the first
pension payday in accordance with the determination is to be worked out using
the following formula:
where:
normal age pension instalment means the amount of age pension
the person would have received if the first pension payday were a pension payday
under subsection 57(1).
(3) The rate at which age pension is payable to the person on the last
pension payday before the determination is revoked is to be worked out using the
following formula:
where:
normal age pension instalment means the amount of age pension
the person would have received if the last pension payday were the next pension
payday under subsection 57(1) apart from this section.
4 Subsection 161(1)
After “Subject to”, insert “subsections (2) and (3)
and”.
5 At the end of section 161
Add:
(3) If:
(a) a person receives a wife pension; and
(b) the person’s partner receives:
(i) an age pension; and
(ii) a veteran’s disability pension; and
(c) the Secretary makes a determination for the purposes of this
subsection in relation to the person that specifies pension paydays for the
person; and
(d) the determination referred to in paragraph (c) has not been
revoked;
the instalments referred to in subsection (1) are to be paid to the person
on such pension paydays.
(4) In this section:
veteran’s disability pension has the same meaning for
the purposes of this section as disability pension has in section
5Q of the Veterans’ Entitlements Act 1986.
6 After section 163
Insert:
(1) Despite any other provision of this Act, this section applies
if
(a) the Secretary determines pension paydays under subsection 161(3);
and
(b) the first pension payday specified in the determination (the
first pension payday) is 7 days after the pension payday that
applies under subsection 161(1).
(2) The rate at which wife pension is payable to the person on the first
pension payday in accordance with the determination is to be worked out using
the following formula:
where:
normal wife pension instalment means the amount of wife
pension the person would have received if the first pension payday were the next
pension payday under subsection 161(1) apart from this section.
(3) The rate at which wife pension is payable to the person on the last
pension payday before the determination is revoked is to be worked out using the
following formula:
where:
normal wife pension instalment means the amount of wife
pension the person would have received if the last pension payday were the next
pension payday under subsection 161(1) apart from this section.
1 At the end of Schedule 5
Add:
(1) Subject to subclause (4), if:
(a) a person was receiving a carer service pension (the
carer) immediately before 1 July 1997; and
(b) the veteran partner who is being cared for by the carer is receiving
an age service pension or an invalidity service pension; and
(c) the carer would, apart from subsection 38(1B), be eligible for a
partner service pension;
then, despite the amendments made by Part 1 of Schedule 1 to the amending
Act, this Act, as in force immediately before 1 July 1997, continues to apply to
the person in relation to carer service pension.
(2) Subject to subclause (4), if:
(a) a person was receiving income support supplement immediately before 1
July 1997; and
(b) subsection 45AB(1) applied to the person; and
(c) the person would, apart from paragraph 45A(1)(b) and section 45AB, be
eligible for income support supplement;
then, despite the amendments made by Part 1 of Schedule 1 to the amending
Act, this Act, as in force immediately before 1 July 1997, continues to apply to
the person in relation to income support supplement.
(3) Subject to subclause (4), if:
(a) a person is receiving a carer service pension (the
carer) immediately before 1 July 1997; and
(b) the veteran who is being cared for by the carer is not receiving an
age service pension or an invalidity service pension but passes the income test
under section 53AA and either passes the assets test under section 53AD or is
the subject of a decision in force under section 53AN that the assets test does
not apply to the veteran;
then, despite the amendments made by Part 1 of Schedule 1 to the amending
Act, this Act, as in force immediately before 1 July 1997, continues to apply to
the person in relation to carer service pension.
(4) If carer service pension or income support supplement is not payable
to the person after the commencement of this clause, then subclause (1), (2) or
(3), as the case requires, ceases to apply to the person.
(5) In this clause:
amending Act means the Veterans’ Affairs Legislation
Amendment (1996-97 Budget and Other Measures) Act 1996.
Veterans’
Affairs Legislation Amendment (1995-96 Budget Measures) Act (No. 2)
1995
1 Item 11 of Schedule 6
Repeal the item, substitute:
11 Paragraph 52S(5)(eb)
Omit “section 52H”, substitute “sections 52H and
53AL”.
2 Item 12 of Schedule 6
Repeal the item, substitute:
Omit “section 52H”, substitute
“sections 52H and 53AL”.