{"id":"F2021L00381","name":"Military Rehabilitation and Compensation (Weekly Payments – Class of Persons) Instrument 2021","slug":"military-rehabilitation-and-compensation-weekly-payments-class-of-persons-instrument-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440811,"registerId":"F2021L00381-fast-fetch-1775956309756","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Military Rehabilitation and Compensation (Weekly Payments – Class of Persons) Instrument 2021","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nMilitary Rehabilitation and Compensation (Weekly Payments – Class of Persons) Instrument 2021\n\n \n\nMilitary Rehabilitation and Compensation Act 2004\n\nInstrument 2021 No. MRCC4\n\n \n\nWe as delegates of the Military Rehabilitation and Compensation Commission, make this Instrument under subsections 224(4), 248(4) and 303(4) of the Military Rehabilitation and Compensation Act 2004.\n\n \n\n \n\n \n\nDated 26th March 2021\n\n \n\n \n\nThe Seal of the )\n\nMilitary Rehabilitation )\n\nand Compensation Commission )\n\nwas affixed hereto in the )\n\npresence of: )\n\n \n\n \n\n \n\n \n\n………….…Elizabeth Cosson…………………………Kate Pope……………………………..Donald Spinks……….\n\n| ELIZABETH COSSON | KATE POPE | DONALD SPINKS |\n| --- | --- | --- |\n| AM CSC | PSM | AM |\n| Chair
| Member
| Member
|\n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 Schedules\n\n6 Class of persons\n\nSchedule 1—Repeals \n\nMilitary Rehabilitation and Compensation (Weekly Payments – Class of Persons) Specification 2011\n\n \n\n \n\n1 Name\n\nThis instrument is the Military Rehabilitation and Compensation (Weekly Payments – Class of Persons) Instrument 2021.\n\n2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3 Authority\n\n This instrument is made under subsections 224(4), 248(4) and 303(4) of the Military Rehabilitation and Compensation Act 2004.\n\n4 Definitions\n\n In this instrument:\n\n Act means the Military Rehabilitation and Compensation Act 2004.\n\n5 Schedules\n\n Each instrument that is specified in the Schedule to this instrument is repealed as set out in the applicable items in the Schedule, and any other item in the Schedule to this instrument has effect according to its terms.\n\n6 Class of persons\n\n (1) For subsections 224(2), 248(2) and 303(2) of the Act, the class of persons who meet the following criteria is specified:\n\n (a) the person is an Australian resident living in Australia;\n\n (b) the person is receiving MRCA supplement under section 221, 245 or 300 of the Act;\n\n (c) the person would benefit from having their MRCA supplement paid as described in subsection 224(2), 248(2) or 303(2) of the Act, as the case may be;\n\n (d) the person\n\n (i) has voluntarily agreed to be paid their MRCA supplement as described in subsection 224(2), 248(2) or 303(2) of the Act, as the case may be; and\n\n (ii) has not revoked or withdrawn that agreement.\n\n (2) Without limiting paragraph (1)(c), a person is taken to benefit from having their MRCA supplement paid as described in subsection 224(2), 248(2) or 303(2) of the Act, as the case may be if:\n\n (a) the person does not have access to safe, secure and adequate housing, including in the circumstances specified in subsection (4); or\n\n (b) the person is using emergency accommodation or is a refugee; or\n\n (c) the person is financially vulnerable and significantly disadvantaged.\n\n (3) Without limiting paragraph (2)(a) a person is taken not to have access to safe, secure and adequate housing if:\n\n (a) the housing to which the person currently has access:\n\n (i) damages, or is likely to damage, the person’s health; or\n\n (ii) threatens or is likely to threaten the person’s safety; or\n\n (iii) does not provide the person with access to a reasonably level of personal amenities or the economic and social support that housing normally affords; or\n\n (b) in the circumstances, the adequacy, safety, security, or affordability of the housing to which the person currently has access is adversely affected or may be adversely affected; or\n\n (c) the person does not have a right to remain, or a reasonable expectation of being able to remain, in the housing to which the person currently has access.\n\n \n\nSchedule 1—Repeals\n\nMilitary Rehabilitation and Compensation (Weekly Payments – Class of Persons) Specification 2011\n\n1 The whole of the instrument\n\nRepeal the instrument.\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. This instrument repeals the Military Rehabilitation and Compensation (Weekly Payments – Class of Persons) Specification 2011 (Schedule 1) and replaces it by specifying a new class of persons for the purposes of subsections 224(2), 248(2) and 303(2) of the Act (section 6). The new specification expressly requires Australian residency (section 6(1)(a)), receipt of MRCA supplement (6(1)(b)), a voluntary, unrevoked agreement to the payment method (6(1)(d)), and vulnerability tests including lack of safe, secure and adequate housing, use of emergency accommodation or refugee status, or significant financial disadvantage (sections 6(2)–(3))."},"complexity_factors":["Cross-references to multiple MRCA provisions (subsections 224(2), 248(2), 303(2) and the delegation power in 224(4), 248(4), 303(4)) create dependence on external statutory text (see instrument header and section 3).","Eligibility requires both a voluntary, non-revoked agreement and meeting vulnerability criteria (section 6(1)(d) and 6(2)), producing a two-part consent-and-need test.","Housing adequacy is defined by multiple detailed sub-criteria (section 6(3)(a)–(c)), which require factual assessment about health risk, safety, amenities, affordability and tenure expectations.","Incorporates a residency requirement (section 6(1)(a)) that limits scope to persons living in Australia, adding a geographic constraint.","Repeal of the prior 2011 Specification (Schedule 1) means comparisons to former coverage require examining the replaced instrument (Schedule 1, item 1).","Delegated decision-making: the instrument is made by Commission delegates (instrument preamble and section 3), implying administrative implementation and potential discretion in applying criteria.","Commencement mechanics (section 2) and the sparse definitions (section 4 defining only 'Act') keep the instrument terse but mean interpretation relies on the broader Act and administrative guidance."],"plain_english_summary":"This instrument sets out who may elect to have their Military Rehabilitation and Compensation Act (MRCA) supplement paid under the alternate weekly-payment arrangements in subsections 224(2), 248(2) and 303(2). It applies to Australian residents in Australia receiving an MRCA supplement who voluntarily agree (and have not revoked that agreement) and who meet vulnerability tests such as lacking safe, secure housing, using emergency accommodation or being financially vulnerable. It also repeals the 2011 specification."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow purpose: specifying which vulnerable veterans can elect to receive their MRCA supplement weekly rather than fortnightly. The 2021 version updates the 2011 specification without expanding beyond this targeted administrative flexibility for financially disadvantaged recipients."},"complexity_factors":["Short instrument: only 6 substantive sections plus a repeal schedule","Minimal defined terms: only one definition ('Act') in section 4","Simple conditional structure: single class of persons test with four cumulative criteria in section 6(1)","Clarifying subsections: 6(2) and 6(3) provide non-exhaustive examples of housing vulnerability rather than creating additional legal tests","No cross-references to other legislation beyond the parent Act (MRCA 2004)","Straightforward repeal mechanism in Schedule 1"],"plain_english_summary":"This instrument allows eligible Australian residents who already receive the MRCA supplement to opt to have it paid weekly as part of their regular compensation instead of fortnightly. It targets veterans in housing crisis, emergency accommodation or refugee situations, or who are otherwise financially vulnerable, to improve cash flow and budgeting. It also repeals and replaces the earlier 2011 version of the rule with this 2021 update."}},"importantCases":[],"_links":{"self":"/api/acts/military-rehabilitation-and-compensation-weekly-payments-class-of-persons-instrument-2021","history":"/api/acts/military-rehabilitation-and-compensation-weekly-payments-class-of-persons-instrument-2021/history","analysis":"/api/acts/military-rehabilitation-and-compensation-weekly-payments-class-of-persons-instrument-2021/analysis","conflicts":"/api/acts/military-rehabilitation-and-compensation-weekly-payments-class-of-persons-instrument-2021/conflicts","importantCases":"/api/acts/military-rehabilitation-and-compensation-weekly-payments-class-of-persons-instrument-2021/important-cases","documents":"/api/acts/military-rehabilitation-and-compensation-weekly-payments-class-of-persons-instrument-2021/documents"}}