VETERANS' AFFAIRS LEGISLATION AMENDMENT (BUDGET MEASURES) ACT 2000 NO. 157, 2000 - SCHEDULE 4 - Amendments relating to service entitlement anomalies

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VETERANS' AFFAIRS LEGISLATION AMENDMENT (BUDGET MEASURES) ACT 2000 NO. 157, 2000 - SCHEDULE 4

- Amendments relating to service entitlement anomalies

Veterans' Entitlements Act 1986

1 Subparagraph 6D(1)(a)(iii)

Omit "31 August 1968", substitute "24 June 1965".

2 Paragraph 6D(1)(b)

Repeal the paragraph, substitute:

(b): was, at any time during the period from and including 1 August 1960 and including 27 May 1963, in the area comprising the territory of Singapore and the country then known as the Federation of Malaya;

3 Subparagraph 7A(1)(a)(iii)

Omit "subject to subsection (1A),".

4 Paragraph 7A(1)(b)

Omit "(not being war or war-like operations so engaged in as part of, or in association with, the British Commonwealth Far East Strategic Reserve in the area described in item 3 of Schedule 2 (in column 1) during the period specified in column 2 of that Schedule opposite to that description)".

5 Subsection 7A(1A)

Repeal the subsection.

6 Schedule 2 (table item 3, column 2)

Omit "27 May 1963", substitute "31 July 1960".

7 Schedule 2 (table item 5, column 2)

Omit " 28 May 1963 to and including 19 April 1967", substitute "1 August 1960 to and including 16 August 1964".

8 Schedule 2 (table item 6, column 2)

Omit "30 September 1967", substitute "16 August 1964".

9 Schedule 2 (table item 7, column 1)

Repeal the cell, substitute:

The territories of Malaysia, Brunei and Singapore and the waters adjacent to those countries.

Veterans' Entitlements Act 1986

1 Subsection 5Q(1) (definition of pension period)

Repeal the definition, substitute:

pension period means a period of 2 weeks that:

(a): starts 2 days before the beginning of a pension payday; and
(b): ends 2 days before the beginning of the next pension payday.

2 Section 5S

Repeal the section.

3 Paragraph 19(1)(b)

Omit "or the application as provided by subsection (4)".

4 At the end of subsection 19(1)

Add:

(d): subject to this section, determine an application under subsection 15(2) as provided by subsection (5).

5 Paragraph 19(3)(b)

Omit "subsection (5)", substitute "subsections (5A), (5B), (5C) and (5D)".

6 Subsections 19(4) and (5)

Repeal the subsections, substitute:

(4) The Commission must determine an application under subsection 15(2) as provided by subsection (5).
(4A) The Commission must deal with an application under subsection 15(1) in accordance with subsections (5A), (5B) and (5C) and determine the application under subsection (5D).
(5) The Commission must determine an application under subsection 15(2) as follows:

(a): first, the Commission must determine whether the claimant is entitled to be granted a pension in respect of the incapacity of the veteran;
(b): then, if the Commission determines that the applicant is so entitled, the Commission must proceed as set out in subsections (5A), (5B), (5C) and (5D).

(5A) If:

(a): paragraph (3)(b) applies in respect of a claim; or
(b): subsection (4A) applies in respect of an application under subsection 15(1); or
(c): paragraph (5)(b) applies in respect of an application under subsection 15(2);

the Commission must assess the matters set out in subsection (5C).

(5B) The Commission must assess the matters set out in subsection (5C) in accordance with whichever of sections 22, 23, 24, 25, 27 and 30 are applicable in the particular case.
(5C) The matters that the Commission must assess are:

(a): the rate or rates at which the pension would have been payable from time to time during the assessment period; and
(b): subject to subsection (6), the rate at which the pension is payable.

(5D) After making an assessment under subsection (5C), the Commission must determine that pension is payable at the rate assessed.
(5E) Pension is payable from the date of effect of the determination made under:

(i): in the case of a claim—subsection (3); or
(ii): in the case of an application made under subsection 15(2)—paragraph (5)(a); or
(iii): in the case of an application made under subsection 15(1)—subsection (5D).

(5F) A determination under:

(a): subsection (3), in respect of a claim; or
(b): subsection (5), in respect of an application under subsection 15(2); or
(c): subsection (5D), in respect of an application under subsection 15(1);

takes effect from the date on which the determination is made or on such later or earlier date as is specified in the determination.

7 Subsection 19(6)

Omit "paragraph (5)(a)", substitute "subsection (5C)".

8 Subsection 19(6)

Omit "from the date of the determination".

9 Subsection 20(1)

Omit "approve payment of the pension from and including", substitute "specify as a date that a determination under subsection 19(3) takes effect in respect of the claim,".

10 Subsection 20(2)

Omit "approve payment of the pension from and including", substitute "specify as a date that a determination under subsection 19(3) takes effect in respect of the claim,".

11 Subsection 20(3)

Repeal the subsection, substitute:

(3) Nothing in this section empowers the Commission to specify as a date that a determination of a claim under subsection 19(3) takes effect in respect of a person who has made a claim for a pension under section 14, a date before the date that the person became eligible to be granted the pension.

: Note: The heading to section 20 is replaced by the heading " Dates of effect that may be specified in respect of grant of claim for pension ".

12 Subsection 21(1)

Omit "approve payment of pension at the increased rate, or payment of pension, from and including", substitute "specify as a date that a determination of an application made under section 15 takes effect in respect of a person,".

13 At the end of subsection 21(1)

Add:

: Note: A determination of an application under subsection 15(1) is made under subsection 19(5D). A determination of an application under subsection 15(2) is made under subsection 19(5).

14 Subsection 21(2)

Omit "approve payment of the increased pension, or of the pension, from and including", substitute "specify as a date that a determination of an application made under section 15 takes effect,".

: Note: The heading to section 21 is replaced by the heading " Dates of effect that may be specified in respect of grant of applications under section 15 ".

15 At the end of subsection 21(2)

Add:

: Note: A determination of an application under subsection 15(1) is made under subsection 19(5D). A determination of an application under subsection 15(2) is made under subsection 19(5).

16 Subsection 21(3)

Repeal the subsection, substitute:

(3) Nothing in this section empowers the Commission to specify as a date that a determination of an application made under section 15 takes effect in respect of a person, a date before the date that the person became eligible to be granted the increased pension, or pension, as the case may be.
17 At the end of subsection 21(3)

Add:

: Note: A determination of an application under subsection 15(1) is made under subsection 19(5D). A determination of an application under subsection 15(2) is made under subsection 19(5).

18 Subsection 98(4)

Omit "first pension pay-day", substitute "day of the first pension period".

19 Paragraph 114(2)(b)

Omit "as from the first pension pay-day after the date on which the veteran's application in respect of that war-caused injury or war-caused disease is received", substitute "as from the date on which the veteran's application for the allowance in respect of that war-caused injury or war-caused disease is received".

20 Section 115A (definition of CPI indexation day)

Repeal the definition, substitute:

CPI indexation day means:

(a): for the purposes of section 115D—the day that begins each relevant period within the meaning of that term in section 198; and
(b): for the purposes of section 115G—a day that is an indexation day for the maximum basic rate under subsection 59B(1).

21 Section 115A (definition of CPI payday)

Repeal the definition.

22 Subsection 115D(1)

Omit "the pension reduction amount in respect of a veteran for a pension payday", substitute "the daily pension reduction amount in respect of a veteran for a pension period".

23 Subsection 115D(1)

Omit "CPI payday", substitute "CPI indexation day".

24 Subsection 115D(1)

Repeal the formula, substitute:

25 Subsection 115D(2)

Omit "the pension reduction amount in respect of a veteran for a pension payday", substitute " the daily pension reduction amount in respect of a veteran for a pension period".

26 Subsection 115D(2)

Repeal the formula, substitute:

27 Subsection 115D(3)

Omit "the pension reduction amount in respect of a veteran for a pension payday", substitute "the daily pension reduction amount in respect of a veteran for a pension period".

28 Subsection 115D(3)

Repeal the formula, substitute:

29 Subsections 115D(4) and (5)

Omit "payday", substitute "period".

30 Subsection 115D(6) (definition of no. of paydays)

Repeal the definition.

31 Subsection 115F(2)

Omit "payday", substitute "period".

32 Section 121

Repeal the section, substitute:

(1) Pension is payable:

(a): in arrears; and
(b): by instalments relating to each pension period.

(2) Subject to subsections (3) and (4), the amount payable to a person as an instalment of pension in relation to a pension period is the total amount of pension payable to the person for the days in that period on which pension was payable to the person.
(3) If a person who is receiving a pension is ineligible for payment in respect of the last day of a pension period, no amount is payable to the person as an instalment of pension in relation to the pension period.
(4) If a person who is receiving a pension dies, no amount is payable to the person as an instalment of pension in relation to the pension period in which the person died.
(5) An instalment of pension is payable on the next payday after the end of the pension period to which the instalment relates.
(6) For the purpose of the calculation of the amount of an instalment of pension, the rate of pension payable to a person for a day is calculated by dividing the fortnightly rate of pension by 14.
(7) In this section:

pension includes an allowance under this Act, other than Victoria Cross allowance under section 103, temporary incapacity allowance under section 107 or loss of earnings allowance under section 108, but does not include a pension or allowance to which section 58A applies.

33 At the end of Schedule 5

Add:

Part 4—Transitional provisions: changes made by Schedule 5 to the Veterans' Affairs Legislation Amendment (Budget Measures) Act 2000

In this Part:

amending Act means the Veterans' Affairs Legislation Amendment (Budget Measures) Act 2000 .

pension means a pension under Part II or Part IV or an allowance under Part VI.

(1) In spite of the commencement of Schedule 5 to the amending Act, until and including 9 July 2001, 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 2001.
(2) In spite of the commencement of Schedule 5 to the amending Act, until and including 12 July 2001, instalments of pension are to be paid in accordance with this Act as in force immediately before 1 July 2001.
27 Continued operation of Act in relation to cancellation etc. of pensions
(1) In spite of the commencement of Schedule 5 to the amending Act, this Act, as in force immediately before 1 July 2001, continues to apply in relation to the cancellation and suspension of pensions, and the variation of the rates of such pensions, until and including 9 July 2001.
(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.

(3) A cancellation, suspension or variation that, but for this subclause, would have taken effect on 12 July 2001 takes effect on 10 July 2001.
A pension period under this Act, as amended by Schedule 5 to the amending Act, must not commence earlier than 10 July 2001.
(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 5 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).