VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT 1992 No. 70 of 1992 - SECT 66 Determinations having interpretative effect

VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT 1992 No. 70 of 1992 - SECT 66

66. Section 5R of the Principal Act is amended by adding at the end the
following subsections:

"Remote area determination - current or future absence from remote area

(11) If the Commission is satisfied that:

   (a)  a person's age or invalidity service pension includes an amount of
        remote area allowance; and

   (b)  the person's remote area allowance includes an amount for a veteran
        pensioner add-on child; and

   (c)  the person is absent from the remote area (but still in Australia);
        and

   (d)  the absence is, or is likely to be, longer than 8 weeks; and

   (e)  the absence is due to special circumstances (for example, the person's
        medical treatment or the person's attendance at a rehabilitation or
        training course); the Commission may make a written determination
        that, despite that absence, the person's rate of pension continues to
        include remote area allowance for the period specified in the
        determination while the person has a veteran pensioner add-on child.
        Note 1: for a veteran pensioner add-on child see points 42-H4 and
        43-E4. Note 2: a person whose absence from a remote area is longer
        than 8 weeks would not normally continue to be entitled to remote area
        allowance (see subsection 5Q(2)). "Remote area determination - past
        absence from remote area

(12) If the Commission is satisfied that, in relation to a period:

   (a)  a person is receiving an age or invalidity service pension; and

   (b)  the person's usual place of residence is in a remote area; and

   (c)  because the person is absent from the remote area (but still in
        Australia) for longer than 8 weeks, the person's rate of service
        pension ceases to include an amount by way of remote area allowance;
        and

   (d)  immediately before the person's rate ceases to include remote area
        allowance, the person's remote area allowance includes an amount for a
        veteran pensioner add-on child; and

   (e)  the person's absence is due to special circumstances (for example, the
        person's medical treatment or the person's attendance at a
        rehabilitation or training course); the Commission may make a written
        determination that, despite that absence, the person's rate of pension
        continues to include remote area allowance for the period specified in
        the determination while the person has a veteran pensioner add-on
        child. Note 1: for a veteran pensioner add-on child see points 42-H4
        and 43-E4. Note 2: a person whose absence from a remote area is longer
        than 8 weeks would not normally continue to be entitled to remote area
        allowance (see subsection 5Q(2)).

"(13) The period specified by the Commission in a determination under
subsection (12) must not commence earlier than 3 months before the Commission
is notified that the person is absent from the remote area.".