PAYMENT PROCESSING LEGISLATION AMENDMENT (SOCIAL SECURITY AND VETERANS' ENTITLEMENTS) ACT 1998 NO. 132, 1998 - SCHEDULE 7--Transitional provisions relating to amendments of the Veterans' Entitlements Act 1986

PAYMENT PROCESSING LEGISLATION AMENDMENT (SOCIAL SECURITY AND VETERANS' ENTITLEMENTS) ACT 1998 NO. 132, 1998 - SCHEDULE 7--Transitional

Veterans' Entitlements Act 1986

1 At the end of Schedule 5:

Add:

Part 3--Transitional provisions: Changes made by the Social Security and Veterans' Affairs Legislation Amendment (Payment Processing) Act 1998

SECT 18 Definitions In this Part:

amending Act means the Social Security and Veterans' Affairs Legislation Amendment (Payment Processing) Act 1998 .

pension means service pension under Part III or income support supplement under Part IIIA.

SECT 19 Payability and payment of pension during transition period (1) In spite of the commencement of Schedule 4 to the amending Act, until and including 12 July 1999, the question whether pension is payable to a person is to be determined in accordance with this Act as in force immediately before 1 July 1999.

(2) In spite of the commencement of Schedule 4 to the amending Act, until and including 15 July 1999, instalments of pension are to be paid in accordance with this Act as in force immediately before 1 July 1999.

SECT 20 Continued operation of Act in relation to cancellation etc. of pensions (1) In spite of the commencement of Schedule 4 to the amending Act, this Act, as in force immediately before 1 July 1999, continues to apply in relation to the cancellation and suspension of pensions, and the variation of the rates of such pensions, until and including 12 July 1999.

(2) Without limiting subclause (1), that subclause has effect:

(a) in relation to the day on which a cancellation, suspension or variation takes effect; and

(b) whether the cancellation, suspension or variation is effected by the operation of a provision of this Act or by a determination under this Act.

SECT 21 First pension period A pension period under this Act, as amended by Schedule 4 to the amending Act, must not commence earlier than 13 July 1999.

SECT 22 Continued operation of certain notices given before 13 July 1999 If:

(a) at any time before 13 July 1999, the Secretary has given a person a notice under section 54; and

(b) the notice has not been revoked;

(c) the notice had been given under this Act as amended by Schedule 4 to the amending Act; and

(d) the notification period specified in the notice had been so specified in accordance with this Act as so amended.

(a) the Secretary has, before 13 July 1999, given a person a notice under section 54; and

(b) an event or change in circumstances specified in the notice occurs before 13 July 1999; and

(c) the person to whom the notice was given notifies the Secretary, before 13 July 1999, of the occurrence of the event or change in circumstances;

(2) If:

(a) the Secretary has, before 13 July 1999, given a person a notice under section 54; and

(b) an event or change in circumstances specified in the notice occurs before 13 July 1999; and

(c) the person to whom the notice was given does not notify the Department of the occurrence of the event or change in circumstances before 13 July 1999;

SECT 24 Transitional regulations (1) Regulations made under section 216 may prescribe matters in relation to any transitional matters (including prescribing any saving or application provisions) arising out of amendments of this Act made by Schedule 4 to the amending Act.

(2) Without limiting subclause (1), and in spite of any other provision in this or any other Act, regulations made by virtue of subclause (1) may:

(a) modify the effect of a provision of this Part (other than this clause); or

(b) substitute another provision for any provision of this Part (other than this clause).

[ Minister's second reading speech made in--

House of Representatives on 12 November 1998

Senate on 2 December 1998 ]

(140/98)