VETERANS' ENTITLEMENTS ACT 1986 - SECT 111 Application

VETERANS' ENTITLEMENTS ACT 1986 - SECT 111

  (1)   Each of the following allowances, payments or benefits is a benefit to which this section applies, namely:

  (a)   clothing allowance;

  (b)   attendant allowance;

  (ba)   bereavement payment under section   98AA;

  (c)   funeral benefit under section   99 or 100;

  (d)   Victoria Cross allowance;

  (e)   recreation transport allowance;

  (g)   loss of earnings allowance;

  (h)   travelling expenses.

  (2)   An application for a benefit to which this section applies:

  (a)   shall be in accordance with a form approved by the Commission;

  (b)   shall be accompanied by such certificates and other evidence (relevant to the applicant's entitlement to the benefit) as are required to be furnished by this Act, the regulations or the form of application; and

  (c)   is to be lodged at an office of the Department in Australia in accordance with section   5T and is taken to have been made on a day determined under that section.

  (3)   An application for a benefit to which this section applies may be made:

  (a)   by the person eligible to be granted the benefit; or

  (b)   with the approval of that person or of the Commission under subsection   (4), by another person on behalf of that person.

  (4)   Where a person eligible to be granted a benefit to which this section applies is unable, by reason of physical or mental ailment, to approve a person to make an application for that benefit on his or her behalf, the Commission may approve a person to make the application on his or her behalf.

  (5)   Where an application for a benefit to which this section applies is made by a person on behalf of another person, the other person on whose behalf the application is made, and not the person making the application on behalf of that other person, shall be treated as the applicant.

  (6)   For the purposes of this Division, where:

  (a)   a person makes an application in writing for an allowance or benefit to which this section applies, but otherwise than in accordance with a form approved for the purposes of subsection   (2); and

  (b)   the person subsequently makes an application for the allowance or benefit in accordance with a form so approved:

  (i)   at a time when the person had not been notified by the Department, in writing, that it would be necessary to make the application in accordance with a form so approved; or

  (ii)   within 3 months after the person had been so notified;

the Commission may treat the application referred to in paragraph   (b) as having been received at an office of the Department in Australia on the date on which the application referred to in paragraph   (a) was so received.

  (7)   An applicant for a benefit to which this section applies may, at any time before the application is determined by the Commission, by notice in writing forwarded to the Commission at an office of the Department in Australia, withdraw the application.

  (8)   The withdrawal of an application for a benefit to which this section applies does not prevent the applicant from subsequently making another application for such a benefit.