VETERANS' ENTITLEMENTS ACT 1986 - SECT 98 Attendant allowance
VETERANS' ENTITLEMENTS ACT 1986 - SECT 98
Attendant allowance(1) Where a veteran is being paid a pension under Part II in respect of incapacity from a war - caused injury or a war - caused disease of a kind described in column 1 of the following table, the Commission may grant to the veteran an allowance, called attendant allowance, at the rate specified in column 2 of that table opposite to the description of that kind of incapacity in column 1, for or towards the cost of the services of an attendant to assist the veteran:
Column 1 | Column 2 |
Kinds of incapacity | Rate per fortnight |
1. Blinded in both eyes | 84.30 |
2. Blinded in both eyes together with total loss of speech or total deafness | 168.60 |
3. Both arms amputated | 168.60 |
4. Both legs amputated and one arm amputated | 84.30 |
5. Both legs amputated at the hip or one leg amputated at the hip and the other leg amputated in the upper third | 84.30 |
(2) Where:
(a) a veteran is being paid a pension under Part II in respect of incapacity:
(i) from a war - caused injury or a war - caused disease affecting the cerebro - spinal system; or
(ii) from a war - caused injury or a war - caused disease that has caused a condition similar in effect or severity to an injury or disease affecting the cerebro - spinal system; and
(b) the Commission is of the opinion that the veteran has a need for the services of an attendant to assist the veteran;
the Commission may grant to the veteran an allowance, called attendant allowance, at the rate of an amount per fortnight equal to the amount specified in item 1 (in column 2) of the table in subsection (1), for or towards the cost of the services of an attendant to assist the veteran.
(3) For the purposes of the application of the table in subsection (1) to and in relation to a veteran, a leg, foot, hand or arm that has been rendered permanently and wholly useless shall be treated as having been amputated.
(4) Where a veteran is cared for, at public expense, in a hospital or other institution, attendant allowance is not payable to the veteran in respect of the period commencing on the day of the first pension period occurring after the veteran commences to be so cared for and ending on the day on which the veteran ceases to be so cared for.
(4B) Attendant allowance is not payable to a veteran if carer payment under Part 2.5 of the Social Security Act:
(a) is payable to a person because the person is caring for the veteran; or
(b) would be payable to a person because the person is caring for the veteran, apart from:
(i) the payment being suspended under the social security law; or
(ii) the rate of the payment being nil because of action taken in relation to the payment under Chapter 5 of the Social Security Act 1991 (about overpayments and debt recovery).
(5) Where the Commission makes a decision with respect to an
application for attendant allowance under this section, section 34
applies to and in relation to the decision in like manner as it applies to and
in relation to a decision with respect to a claim for pension in accordance
with section 14.