Commonwealth Numbered Acts

VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 228 of 1992 - SCHEDULE 2

                            SCHEDULE 2                     Section 113

CONSEQUENTIAL, MINOR AND TECHNICAL AMENDMENTS
PART 1-AMENDMENTS COMMENCING ON ROYAL ASSENT
Veterans' Entitlements Act 1986 Subsection 5C(1) (paragraph (b) of the
definition of "Commonwealth veteran"):
After "services" insert "of the naval, military or air forces". Subsection
5H(1):
Omit "in this Act", substitute "In this Act". Subsection 5K(1) (definition of
"cash maintenance"):
Omit the definition (but not the Note), substitute: " 'cash maintenance', in
relation to a person, means maintenance income of the person that consists of
the amount of a payment received by the person or by a dependent child of the
person:

   (a)  that is a periodic amount; or

   (b)  that is an amount of $1,500 or less;". After subsection 5K(1):
Insert:

"(1A) For the purposes of subsection (1), an amount is a periodic amount if it
is:

   (a)  the amount of one payment in a series of related payments, even if the
        payments are irregular in time and amount; or

   (b)  the amount of a payment making up for arrears in such a series.".
        Section 43 (Service Pension Rate Calculator For Blinded
        Veterans-paragraph 43-D2(e)):
Omit the paragraph, substitute:

"(e) the person would be entitled to an additional amount by way of rent
assistance:

        (i)    if the Service Pension Rate Calculator Where There Are No
               Dependent Children applied to the person-under Module C of that
               Rate Calculator; or

        (ii)   if the Service Pension Rate Calculator Where There Are
               Dependent Children applied to the person-under Module D of that
               Rate Calculator.". Section 43 (Service Pension Rate Calculator
               For Blinded Veterans-point 43-D2-Note 2):
Omit the Note, substitute: "Note 2: Service Pension Rate Calculator Where
There Are No Dependent Children is found in section 41.
Note 3: Service Pension Rate Calculator Where There Are Dependent Children is
found in section 42.". Section 43 (Service Pension Rate Calculator For Blinded
Veterans-point 43-D4):

   (a)  Omit the point (but not the Notes to the point), substitute:

"43-D4. The rate of rent assistance is:

   (a)  if the Service Pension Rate Calculator Where There Are No Dependent
        Children applied to the person-the rate at which rent assistance would
        be payable to the person under Module C of that Rate Calculator; or

   (b)  if the Service Pension Rate Calculator Where There Are Dependent
        Children applied to the person-the rate at which rent assistance would
        be payable to the person under Module D of that Rate Calculator.";

   (b)  Insert before Note 1: "Note 1: if the Service Pension Rate Calculator
        Where There Are No Dependent Children (see section 41) applied to the
        person, the person would be subject to an ordinary income test (Module
        D), a maintenance income test (Module E) and an assets test (Module
        F). Note 2: if the Service Pension Rate Calculator Where There Are No
        Dependent Children applied to the person and there was to be a
        reduction in pension rate because of the application of the ordinary
        income test, the maintenance income test or the assets test, section
        40C would govern the order in which the reduction would be made
        against the components of the maximum payment rate (first against
        maximum basic rate, then against the rent).";

   (c)  Renumber Note 1 as Note 3;

   (d)  Renumber Note 2 as Note 4. Section 44 (Service Pension Rate Calculator
        for Widows, Widowers and Non-illness Separated Spouses-point 44-C11):
Omit "member of couple", substitute "member of a couple". Subsection 46G(1):
Before "income" insert "ordinary". Subsection 46G(4):
Before "income" insert "ordinary". Subsection 46J(2):
Omit "any only", substitute "and only". Subsection 46Q(1):
Before "income" insert "ordinary". Subsection 46Q(4):
Before "income" insert "ordinary". Section 58G:
After "to" insert "subsection (2) and". Section 58G:
Add at the end:

"(2) Deductions may be made from instalments of service pension payable to a
person if the recipient consents under paragraph 205(2)(c) to the deductions
being made. Note: paragraph 205(2)(c) enables a debt to be recovered from a
person other than the debtor if the person is receiving a service pension.".
Subsection 98(4A):
Omit the subsection, substitute:

"(4A) Attendant allowance is not payable to a veteran if carer service pension
under Division 6 of Part III:

   (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 action taken in relation to that pension:

        (i)    under section 56E (cancellation or suspension) because the
               person has contravened a provision of this Act (other than
               subsection 54(6) or 128(4)); or

        (ii)   under subsection 205(2) (deductions to recover overpayments).".
               Subsection 135(2):
Omit the subsection, substitute:

"(2) Where the Commission, upon a review under section 31 of a decision in
relation to a pension or attendant allowance, has made a further decision:

   (a)  revoking that decision; or

   (b)  revoking that decision and substituting a new decision; or

   (c)  varying that decision; the veteran, or the dependant of a deceased
        veteran, as the case may be, affected by that further decision may
        make application to the Board for a review:

   (d)  of the further decision of the Commission revoking that previous
        decision; or

   (e)  of the new decision of the Commission that was substituted for that
        previous decision; or

   (f)  of that previous decision as varied by the further decision of the
        Commission.". Subsection 135(6):
Omit the subsection, substitute:

"(6) If:

   (a)  the Commission, upon a review under section 31 of a decision (the
        'original decision') of a kind referred to in subsection (1), (2) or
        (3), has made a further decision:

        (i)    revoking that decision; or

        (ii)   revoking that decision and substituting a new decision; or

        (iii)  varying that decision; and

   (b)  application had not, before the further decision was made, been made
        to the Board for a review of the original decision; application is not
        to be made for a review of the original decision but may be made for a
        review:

   (c)  of the further decision of the Commission revoking the original
        decision; or

   (d)  of the new decision of the Commission that was substituted for the
        original decision; or

   (e)  of the original decision as varied by the further decision of the
        Commission.

"(7) If:

   (a)  the Commission, upon a review under section 31 of a decision (the
        'original decision') of a kind referred to in subsection (1), (2) or
        (3), has made a further decision:

        (i)    revoking that decision; or

        (ii)   revoking that decision and substituting a new decision; or

        (iii)  varying that decision; and

   (b)  an application had been made to the Board for a review of the original
        decision but the hearing of the application:

        (i)    had not commenced before the further decision was made; or

        (ii)   had commenced but was not completed before the further decision
               was made; the application is to be treated as if it were an
               application made for a review:

   (c)  of the further decision of the Commission revoking the original
        decision; or

   (d)  of the new decision of the Commission that was substituted for the
        original decision; or

   (e)  of the original decision as varied by the further decision of the
        Commission.".
Seamen's War Pensions and Allowances Act 1940 Subsection 18AA(1) (definition
of "relevant period"):
Omit "13 December 1986", substitute "20 September 1990". Subparagraph
18AA(5)(a)(i):
Omit "commences on 13 June", substitute "starts between 1 January and 30 June
(inclusive)". Subparagraph 18AA(5)(a)(ii):
Omit "commences on 13 December", substitute "starts between 1 July and 31
December (inclusive)". Subsection 21(11):
Omit the subsection, substitute:

"(11) An allowance under this section is not payable to an Australian mariner
if a carer service pension under Part III of the
Veterans' Entitlements Act 1986:

   (a)  is payable to a person because the person is caring for the Australian
        mariner; or

   (b)  would be payable to a person because the person is caring for the
        Australian mariner, apart from action taken in relation to that
        pension:

        (i)    under section 56E (cancellation or suspension) of that Act
               because the person has contravened a provision of that Act
               (other than subsection 54(6) or 128(4)); or

        (ii)   under subsection 205(2) (deductions to recover overpayments) of
               that Act.".
PART 2-AMENDMENTS COMMENCING ON 1 JULY 1991
Veterans' Entitlements Act 1986 Paragraphs 205(1)(c) and (d):
After "this Act," insert "the Social Security Act,". Paragraph 205(8)(b):
After "under" insert "the Social Security Act or". Subparagraph 205AA(b)(ii):
After "under" insert "the Social Security Act or". Subsection 205B(1):
After "under" (first occurring) insert "the Social Security Act or".
Subsection 205B(2):
Omit "Social Security Act 1947", substitute "Social Security Act".
Social Security Act 1991 Section 1064:
Add at the end:
Rate limited for armed services widower

"(6) If:

   (a)  an armed services widower is receiving a pension under Part II or IV
        of the Veterans' Entitlements Act at a rate determined under or by
        reference to subsection 30(1) of that Act; and

   (b)  one of the following is payable to the widower:

        (i)    an age pension;

        (ii)   a disability support pension;

        (iii)  a carer pension; the rate of pension payable to the widower is
               not to exceed $3,122.60. Note: for 'armed services widower' see
               subsection 4(1).". Section 1065:
Add at the end:
Rate limited for certain armed services widowers

"(5) If:

   (a)  an armed services widower is receiving a pension under Part II or IV
        of the Veterans' Entitlements Act at a rate determined under or by
        reference to subsection 30(1) of that Act; and

   (b)  an age or disability support pension is payable to the widower; the
        rate of pension payable to the widower is not to exceed $3,122.60.
        Note: for 'armed services widower' see subsection 4(1).".
PART 3-AMENDMENTS COMMENCING ON 1 JULY 1991,
IMMEDIATELY AFTER THE COMMENCEMENT OF THE
VETERANS' ENTITLEMENTS AMENDMENT ACT 1991
Veterans' Entitlements Act 1986 After subsection 36P(2):
Insert: "Note: if a person makes an election, the date of effect of any
determination to increase the person's rate of age service pension may, in
some circumstances, be the day after the day on which the person's partner
died (see subsection 56G(2A)).". After subsection 37P(2):
Insert: "Note: if a person makes an election, the date of effect of any
determination to increase the person's rate of invalidity service pension may,
in some circumstances, be the day after the day on which the person's partner
died (see subsection 56G(2A)).". After subsection 38P(2):
Insert: "Note: if a person makes an election, the date of effect of any
determination to increase the person's rate of partner service pension may, in
some circumstances, be the day after the day on which the person's partner
died (see subsection 56G(2A)).". After subsection 39P(3):
Insert: "Note: if a person makes an election, the date of effect of any
determination to increase the person's rate of carer service pension may, in
some circumstances, be the day after the day on which the person's partner
died (see subsection 56G(2A)).". After subsection 39R(2):
Insert: "Note: if a person makes an election, the date of effect of any
determination to increase the person's rate of carer service pension may, in
some circumstances, be the day after the day on which the person's partner
died (see subsection 56G(2A)).". Section 41 (Service Pension Rate Calculator
Where There Are No Dependent Children-point 41-A1):
Add at the end: "Note 6: an amount of remote area allowance is to be added
under Step 10 only if the person's rate of pension is greater than nil.".
Section 41 (Service Pension Rate Calculator Where There Are No Dependent
Children-before paragraph 41-G1(a)):
Insert:

"(aa) the person's rate of pension apart from this point is greater than nil;
and". Section 42 (Service Pension Rate Calculator Where There Are Dependent
Children-point 42-A1):
Add at the end: "Note 7: an amount of remote area allowance is to be added
under Step 11 only if the person's rate of pension is greater than nil.".
Section 42 (Service Pension Rate Calculator Where There Are Dependent
Children-before paragraph 42-H1(a)):
Insert:

"(aa) the person's rate of pension apart from this point is greater than nil;
and". Section 44 (Service Pension Rate Calculator For Widows, Widowers and
Non-illness Separated Spouses-point 44-A1):
Add at the end: "Note 5: an amount of remote area allowance is to be added
under Step 10 only if the person's rate of pension is greater than nil.".
Section 44 (Service Pension Rate Calculator For Widows, Widowers and
Non-illness Separated Spouses-before paragraph 44-G1(a)):
Insert:

"(aa) the person's rate of pension apart from this point is greater than nil;
and". Paragraph 52G(1)(b):
Omit "$10,000", substitute "the disposal limit". Paragraph 52G(1)(c):
Omit "$10,000", substitute "the disposal limit". Section 52G:
Add at the end:

"(3) In this section:
'disposal limit' means:

   (a)  in relation to assets disposed of on or after 1 March 1986 and before
        1 March 1991-$2,000; and

   (b)  in relation to assets disposed of on or after 1 March 1991-$10,000.".
        Paragraph 52H(1)(b):
Omit "$10,000", substitute "disposal limit". Subparagraph 52H(1)(c)(i):
Omit "$10,000", substitute "disposal limit". Subparagraph 52H(1)(d)(i):
Omit "$10,000", substitute "disposal limit". Section 52H:
Add at the end:

"(6) In this section:
'disposal limit' means:

   (a)  in relation to assets disposed of on or after 1 March 1986 and before
        1 March 1991-$4,000; and

   (b)  in relation to assets disposed of on or after 1 March 1991-$10,000.".
        Subsection 56(G)(2):
Omit "If", substitute "Subject to subsections (2A) and (2B), if". After
subsection 56G(2):
Insert:

"(2A) If:

   (a)  the favourable determination is made following the death of the
        person's partner; and

   (b)  the favourable determination is made because the person elects not to
        receive bereavement payments; and

   (c)  within the bereavement period:

        (i)    the person notifies the Department orally or in writing of
               their partner's death; or

        (ii)   the Secretary otherwise becomes aware of the death; the
               determination takes effect on the day after the day on which
               the partner died.

"(2B) If:

   (a)  a favourable determination is made following the death of the person's
        partner; and

   (b)  before the partner died, the partner was receiving a service pension
        or a pension or allowance mentioned in subparagraph 36P(1)(d)(ii); and

   (c)  the favourable determination is made because the person is not
        eligible to receive bereavement payments; and

   (d)  within the period of 4 weeks that starts on the day after the day on
        which the partner dies;

        (i)    the person notifies the Department orally or in writing of
               their partner's death; or

        (ii)   the Secretary otherwise becomes aware of the death; the
               determination takes effect on the day after the day on which
               the partner died.".
PART 4-AMENDMENTS COMMENCING ON 1 JANUARY 1993,
IMMEDIATELY AFTER THE COMMENCEMENT OF
THE SOCIAL SECURITY (FAMILY PAYMENT) AMENDMENT ACT 1992
Veterans' Entitlements Act 1986 Section 42 (Service Pension Rate Calculator
Where There Are Dependent Children-point 42-C3-Note 1):

   (a)  Omit "allowance", substitute "payment under the Social Security  Act
        ".

   (b)  Omit "15", substitute "16.2". Section 42 (Service Pension Rate
        Calculator Where There Are Dependent Children-point 42-C3-Note 2):

   (a)  Omit "allowance", substitute "payment under the Social Security  Act
        ".

   (b)  Omit "20", substitute "21.2". Section 42 (Service Pension Rate
        Calculator Where There Are Dependent Children-paragraph 42-D16(f)):
Omit the paragraph, substitute:

"(f) that is similar in nature to family payment under the Social  Security
Act .". Section 42 (Service Pension Rate Calculator Where There Are Dependent
Children-paragraph 42-E10(f):
Omit the paragraph, substitute:

"(f) that is similar in nature to family payment under the Social  Security
Act .". Section 43 (Service Pension Rate Calculator For Blinded Veterans-point
43-C3-Note 1):

   (a)  Omit "allowance", substitute "payment under the Social Security  Act
        ".

   (b)  Omit "15", substitute "16.2". Section 43 (Service Pension Rate
        Calculator For Blinded Veterans-point 43-C3-Note 2):

   (a)  Omit "allowance", substitute "payment under the Social Security  Act
        ".

   (b)  Omit "20", substitute "21.2". Section 44 (Service Pension Rate
        Calculator For Widows, Widowers and Non-illness Separated
        Spouses-paragraph 44-C17(f)):
Omit the paragraph, substitute:

"(f) that is similar in nature to family payment under the Social  Security
Act ". Section 44 (Service Pension Rate Calculator for Widows, Widowers and
Non-illness Separated Spouses-paragraph 44-D8(f)):
Omit the paragraph, substitute:

"(f) that is similar in nature to family payment under the Social  Security
Act ". Section 53 (Fringe Benefits Income Test Calculator- paragraph
53B-9(f)):
Omit the paragraph, substitute:

"(f) that is similar in nature to family payment under the Social  Security
Act ". Subsection 59F(1):
Omit "pension under 13 child add-on" (second occurring), substitute "AFP under
13 child MBR". After subsection 59F(1):
Insert: "Note: AFP under 13 child MBR is the maximum basic rate of additional
family payment for a child who has not turned 13.". Subsection 59F(2):
Omit "pension 13-15 child add-on" (second occurring), substitute "AFP 13-15
child MBR". Section 59F:
Add at the end: "Note: AFP 13-15 child MBR is the maximum basic rate of
additional family payment for a child who has turned 13 but has not turned
16.". Section 59G:
Omit "pension" (second occurring).