Commonwealth Consolidated Acts

VETERANS' ENTITLEMENTS ACT 1986 - SECT 115D

Application and overview of this section

             (1)  This section applies to a veteran who is engaged in remunerative work of more than 8 hours per week as a result of undertaking a vocational rehabilitation program under the Veterans' Vocational Rehabilitation Program. The section sets out how to work out the veteran's reduced daily pension amount. This amount is used to work out the rate of pension payable under sections 23 and 24.

Note:          This section does not apply to certain veterans (see subsections (5) and (6)).

Reduced daily pension amount during the initial period

             (2)  A veteran's reduced daily pension amount for a pension period that occurs within the initial period is worked out using the following formula:

Note 1:       Expressions used in this subsection are defined in subsection (7).

Note 2:       The Commission can increase a reduced daily pension amount under section 115F.

Reduced daily pension amount during the second period

             (3)  A veteran's reduced daily pension amount for a pension period that occurs within the second period is worked out using the following formula:

Note 1:       Expressions used in this subsection are defined in subsection (7).

Note 2:       The Commission can increase a reduced daily pension amount under section 115F.

Reduced daily pension amount 5 years after the initial period

             (4)  A veteran's reduced daily pension amount for a pension period that occurs more than 5 years after the end of the initial period is nil.

Note:          The Commission can increase a reduced daily pension amount under section 115F.

Veteran who is unemployed for at least 2 weeks

             (5)  This section does not apply to a veteran who is unemployed for a continuous period of at least 2 weeks in respect of the pension periods within that 2 week period.

Veteran who is blinded in both eyes

             (6)  This section does not apply to a veteran for a pension period if the veteran is receiving a pension for the period at the special rate because of subsection 24(3).

Definitions

             (7)  In this section:

"CPI amount" means the amount worked out using the following formula:

"daily above general rate" for a veteran means the rate worked out using the following formula:

"initial period" for a veteran means the period:

                     (a)  that begins on the day after the day the veteran first commenced remunerative work as a result of undertaking a vocational rehabilitation program; and

                     (b)  that ends immediately before the first CPI indexation day that occurs more than 2 years after that day.

"pension rate on commencement" for a veteran means the rate of pension under this Act that was payable to the veteran on the day on which the veteran commenced his or her vocational rehabilitation program.

"second period" means the period:

                     (a)  that begins immediately after the initial period; and

                     (b)  runs for 5 years.

"taper amount" for a veteran means:

                     (a)  if the veteran's average weekly hours are 40 hours or more--nil; and

                     (b)  otherwise--the amount worked out using the following formula: