{"id":"F2012L00856","name":"Veterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012","slug":"veterans-entitlements-clean-energy-advance-top-up-payment-determination-2012","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":89177,"registerId":"commonwealth-F2012L00856-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2 When a person is eligible for a t","sectionType":"section","heading":"Part 2 When a person is eligible for a top-up payment","content":"![](image.001.png)\n\nVeterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012\n\n##### Veterans’ Entitlements Act 1986\n\nInstrument 2012 No. R1\n\nThe Repatriation Commission makes this Determination under subsection 61F(1) of the Veterans’ Entitlements Act 1986.\n\nDated this 4th day of April 2012\n\nIan Campbell Shane Carmody Major General Mark Kelly\n\n……………………………………………………………………………………….\n\nIAN CAMPBELL SHANE CARMODY Major General Mark Kelly\n\nPSM AO DSC\n\nPRESIDENT DEPUTY PRESIDENT COMMISSIONER\n\n#### PART 1 PRELIMINARY\n\n1. Name of instrument\n\nThis Determination is the Veterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012.\n\n2. Commencement\n\nThis Determination commences, or is taken to have commenced, on 14 May 2012.\n\n3. Definitions\n\nIn this Determination:\n\nabove general rate, in relation to disability pension, means disability pension paid at a rate greater than the rate specified in subsection 22(3) of the Act and includes where the person is paid a percentage, under subsection 22(2) of the Act, of the rate specified in subsection 22(3) that is increased under section 27 of the Act such that the total exceeds the rate specified in subsection 22(3).\n\nABSTUDY has the same meaning as in the Social Security Act 1991.\n\nABSTUDY Living Allowance means a living allowance under ABSTUDY.\n\nAct means the Veterans’ Entitlements Act 1986.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of clean energy base payment that the person receives.\n\nclean energy advance has the same meaning as in the Act.\n\nclean energy advance daily rate, for a particular clean energy underlying payment, has the meaning it has in section 61D of the Act for that payment.\n\nclean energy advance eligibility day means:\n\n(a) for a person eligible for a clean energy advance because of a determination made under subsection 61A(1) of the Act—the day that determination is made; or\n\n(b) for a person eligible for a clean energy advance because of a determination made under subsection 61A(2) of the Act—the day specified in that determination because of subsection 61A(3) of the Act.\n\nNote: The day specified in the determination because of subsection 61A(3) is the first day during the clean energy advance period for which the person satisfies the eligibility requirements, disregarding any short temporary absence from Australia.\n\nclean energy advance period means:\n\n(a) for a person eligible under subsection 61A(1) of the Act for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013;\n\n(b) for a person eligible under subsection 61A(2) of the Act for a clean energy advance—the period starting on the clean energy advance eligibility day for the person and ending on 19 March 2013.\n\nclean energy base payment means:\n\n-   an ABSTUDY Living Allowance; or\n-   a clean energy qualifying payment; or\n-   a clean energy underlying payment; or\n-   a clean energy underlying payment under the MRCA; or\n-   a clean energy underlying payment under the MRCAETS; or\n-   a clean energy underlying payment under the VCES.\n\nNote: the MRCA, MRCAETS and VCES contain their own definitions of “clean energy underlying payment”.\n\nclean energy bonus has the same meaning as in the Act.\n\nclean energy qualifying payment has the same meaning it has in the Social Security Act 1991.\n\nclean energy underlying payment has the same meaning as in the Act.\n\nCommission means the Repatriation Commission continued in existence by section 179 of the Act.\n\ndisability pension means:\n\n(a) a pension under Part II or IV of the Act (other than a pension that is payable under section 30 of the Act to a dependant of a deceased veteran); or\n\n(b) a pension payable because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child).\n\nmost recent change day means the change day that is closest in time to the day the person’s top‑up payment is being calculated.\n\nmost recent clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person’s clean energy advance eligibility day was the most recent change day.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCA permanent impairment payment means, in relation to a person:\n\n(a) weekly compensation under Part 2 of Chapter 4 of the MRCA that:\n\n(i) is payable to the person; or\n\n(ii) would be payable to the person apart from paragraph 398(3)(b) of the MRCA and the offsetting described in subsection 13(4) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;\n\n(b) lump sum compensation under Part 2 of Chapter 4 of the MRCA.\n\nMRCA Special Rate Disability Pension means compensation payable to a person under Part 6 of Chapter 4 of the MRCA or compensation that would be payable to the person under Part 6 of Chapter 4 of the MRCA apart from section 204 and paragraph 398(3)(b) of the MRCA.\n\n###### MRCA wholly dependent partner payment means the payment payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.\n\nMRCAETS means the Military Rehabilitation and Compensation Act Education and Training Scheme made under subsection 258(1) of the MRCA.\n\nMRCAETS payment means a payment of education allowance under the MRCAETS.\n\nmultiple entitlement exclusion has the same meaning as in subsection 61F(4) of the Act.\n\nnew change day, in relation to a person, means a change day that occurs after the person has previously been eligible for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person was first eligible for a clean energy advance on the change day.\n\nnew clean energy advance period, in relation to a person, means the clean energy advance period that applies to the person from the change day.\n\noriginal change day, in relation to a person, means the first change day for the person.\n\noriginal clean energy advance daily rate, in relation to a person, means the clean energy advance daily rate that was used to calculate the person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment, in relation to a person, means the clean energy advance (advance) originally paid to the person in respect of a clean energy underlying payment, for the clean energy advance period in respect of that advance.\n\noriginal payment start day, in relation to a person’s original payment, means the later of the start of the clean energy advance period for the original payment or the person’s clean energy advance eligibility day.\n\nseniors supplement has the same meaning as in the Act.\n\nservice pension has the same meaning as in the Act.\n\ntop-up payment means a payment calculated under Part 3.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2).\n\nVCES means the Veterans’ Children Education Scheme made under section 117 of the VEA.\n\nVCES payment means a payment of education allowance under the VCES.\n\nVEA means the Veterans’ Entitlements Act 1986.\n\n#### Part 2 When a person is eligible for a top-up payment\n\n#### 4. Eligibility for top-up payment\n\n#### (1) If:\n\n#### (a) the Commonwealth pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or\n\n#### (ii) except for the provisions of a multiple entitlement exclusion the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;\n\n#### the person is eligible for a top-up payment calculated in accordance with Part 3.\n\n#### (2) For the purposes of paragraph 4(1)(b) a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of service pension or seniors supplement and:\n\n#### (i) despite the change in circumstances the person still receives a clean energy underlying payment (excluding disability pension) and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914(4) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914A(5) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives MRCA wholly dependent partner payment in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an ABSTUDY payment in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n  (vi) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n  (vii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (b) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of disability pension and:\n\n#### (i) as a result of the change in circumstances the person commences to receive the disability pension at an above general rate in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### Note: an above general rate of disability pension includes an increase to disability pension that is already higher than the general rate.\n\n#### (ii) as a result of the change in circumstances the person commences to receive a MRCA Special Rate Disability Pension in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of disability pension but commences to receive a MRCA permanent impairment payment in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (c) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of war widow(er) pension and:\n\n#### (i) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### (1) If the person has not previously been eligible for a top-up payment under section 4, the amount of top-up payment is to be calculated in accordance with Method Statement 1:\n\n  ![](image.002.png)![](image.003.png)\n\n#### 6 Top-up payment for subsequent change of circumstances\n\n  (1) If a person has previously been paid a top-up payment calculated in accordance with section 5 and the person has a further change in circumstances any additional top-up is to be calculated in accordance with Method Statement 2:\n  ![](image.004.png)","sortOrder":0},{"sectionNumber":"4. Eligibility for top-up payment","sectionType":"section","heading":"4. Eligibility for top-up payment","content":"![](image.001.png)\n\nVeterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012\n\n##### Veterans’ Entitlements Act 1986\n\nInstrument 2012 No. R1\n\nThe Repatriation Commission makes this Determination under subsection 61F(1) of the Veterans’ Entitlements Act 1986.\n\nDated this 4th day of April 2012\n\nIan Campbell Shane Carmody Major General Mark Kelly\n\n……………………………………………………………………………………….\n\nIAN CAMPBELL SHANE CARMODY Major General Mark Kelly\n\nPSM AO DSC\n\nPRESIDENT DEPUTY PRESIDENT COMMISSIONER\n\n#### PART 1 PRELIMINARY\n\n1. Name of instrument\n\nThis Determination is the Veterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012.\n\n2. Commencement\n\nThis Determination commences, or is taken to have commenced, on 14 May 2012.\n\n3. Definitions\n\nIn this Determination:\n\nabove general rate, in relation to disability pension, means disability pension paid at a rate greater than the rate specified in subsection 22(3) of the Act and includes where the person is paid a percentage, under subsection 22(2) of the Act, of the rate specified in subsection 22(3) that is increased under section 27 of the Act such that the total exceeds the rate specified in subsection 22(3).\n\nABSTUDY has the same meaning as in the Social Security Act 1991.\n\nABSTUDY Living Allowance means a living allowance under ABSTUDY.\n\nAct means the Veterans’ Entitlements Act 1986.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of clean energy base payment that the person receives.\n\nclean energy advance has the same meaning as in the Act.\n\nclean energy advance daily rate, for a particular clean energy underlying payment, has the meaning it has in section 61D of the Act for that payment.\n\nclean energy advance eligibility day means:\n\n(a) for a person eligible for a clean energy advance because of a determination made under subsection 61A(1) of the Act—the day that determination is made; or\n\n(b) for a person eligible for a clean energy advance because of a determination made under subsection 61A(2) of the Act—the day specified in that determination because of subsection 61A(3) of the Act.\n\nNote: The day specified in the determination because of subsection 61A(3) is the first day during the clean energy advance period for which the person satisfies the eligibility requirements, disregarding any short temporary absence from Australia.\n\nclean energy advance period means:\n\n(a) for a person eligible under subsection 61A(1) of the Act for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013;\n\n(b) for a person eligible under subsection 61A(2) of the Act for a clean energy advance—the period starting on the clean energy advance eligibility day for the person and ending on 19 March 2013.\n\nclean energy base payment means:\n\n-   an ABSTUDY Living Allowance; or\n-   a clean energy qualifying payment; or\n-   a clean energy underlying payment; or\n-   a clean energy underlying payment under the MRCA; or\n-   a clean energy underlying payment under the MRCAETS; or\n-   a clean energy underlying payment under the VCES.\n\nNote: the MRCA, MRCAETS and VCES contain their own definitions of “clean energy underlying payment”.\n\nclean energy bonus has the same meaning as in the Act.\n\nclean energy qualifying payment has the same meaning it has in the Social Security Act 1991.\n\nclean energy underlying payment has the same meaning as in the Act.\n\nCommission means the Repatriation Commission continued in existence by section 179 of the Act.\n\ndisability pension means:\n\n(a) a pension under Part II or IV of the Act (other than a pension that is payable under section 30 of the Act to a dependant of a deceased veteran); or\n\n(b) a pension payable because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child).\n\nmost recent change day means the change day that is closest in time to the day the person’s top‑up payment is being calculated.\n\nmost recent clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person’s clean energy advance eligibility day was the most recent change day.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCA permanent impairment payment means, in relation to a person:\n\n(a) weekly compensation under Part 2 of Chapter 4 of the MRCA that:\n\n(i) is payable to the person; or\n\n(ii) would be payable to the person apart from paragraph 398(3)(b) of the MRCA and the offsetting described in subsection 13(4) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;\n\n(b) lump sum compensation under Part 2 of Chapter 4 of the MRCA.\n\nMRCA Special Rate Disability Pension means compensation payable to a person under Part 6 of Chapter 4 of the MRCA or compensation that would be payable to the person under Part 6 of Chapter 4 of the MRCA apart from section 204 and paragraph 398(3)(b) of the MRCA.\n\n###### MRCA wholly dependent partner payment means the payment payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.\n\nMRCAETS means the Military Rehabilitation and Compensation Act Education and Training Scheme made under subsection 258(1) of the MRCA.\n\nMRCAETS payment means a payment of education allowance under the MRCAETS.\n\nmultiple entitlement exclusion has the same meaning as in subsection 61F(4) of the Act.\n\nnew change day, in relation to a person, means a change day that occurs after the person has previously been eligible for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person was first eligible for a clean energy advance on the change day.\n\nnew clean energy advance period, in relation to a person, means the clean energy advance period that applies to the person from the change day.\n\noriginal change day, in relation to a person, means the first change day for the person.\n\noriginal clean energy advance daily rate, in relation to a person, means the clean energy advance daily rate that was used to calculate the person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment, in relation to a person, means the clean energy advance (advance) originally paid to the person in respect of a clean energy underlying payment, for the clean energy advance period in respect of that advance.\n\noriginal payment start day, in relation to a person’s original payment, means the later of the start of the clean energy advance period for the original payment or the person’s clean energy advance eligibility day.\n\nseniors supplement has the same meaning as in the Act.\n\nservice pension has the same meaning as in the Act.\n\ntop-up payment means a payment calculated under Part 3.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2).\n\nVCES means the Veterans’ Children Education Scheme made under section 117 of the VEA.\n\nVCES payment means a payment of education allowance under the VCES.\n\nVEA means the Veterans’ Entitlements Act 1986.\n\n#### Part 2 When a person is eligible for a top-up payment\n\n#### 4. Eligibility for top-up payment\n\n#### (1) If:\n\n#### (a) the Commonwealth pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or\n\n#### (ii) except for the provisions of a multiple entitlement exclusion the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;\n\n#### the person is eligible for a top-up payment calculated in accordance with Part 3.\n\n#### (2) For the purposes of paragraph 4(1)(b) a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of service pension or seniors supplement and:\n\n#### (i) despite the change in circumstances the person still receives a clean energy underlying payment (excluding disability pension) and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914(4) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914A(5) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives MRCA wholly dependent partner payment in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an ABSTUDY payment in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n  (vi) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n  (vii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (b) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of disability pension and:\n\n#### (i) as a result of the change in circumstances the person commences to receive the disability pension at an above general rate in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### Note: an above general rate of disability pension includes an increase to disability pension that is already higher than the general rate.\n\n#### (ii) as a result of the change in circumstances the person commences to receive a MRCA Special Rate Disability Pension in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of disability pension but commences to receive a MRCA permanent impairment payment in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (c) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of war widow(er) pension and:\n\n#### (i) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### (1) If the person has not previously been eligible for a top-up payment under section 4, the amount of top-up payment is to be calculated in accordance with Method Statement 1:\n\n  ![](image.002.png)![](image.003.png)\n\n#### 6 Top-up payment for subsequent change of circumstances\n\n  (1) If a person has previously been paid a top-up payment calculated in accordance with section 5 and the person has a further change in circumstances any additional top-up is to be calculated in accordance with Method Statement 2:\n  ![](image.004.png)","sortOrder":1},{"sectionNumber":"(1) If:","sectionType":"section","heading":"(1) If:","content":"![](image.001.png)\n\nVeterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012\n\n##### Veterans’ Entitlements Act 1986\n\nInstrument 2012 No. R1\n\nThe Repatriation Commission makes this Determination under subsection 61F(1) of the Veterans’ Entitlements Act 1986.\n\nDated this 4th day of April 2012\n\nIan Campbell Shane Carmody Major General Mark Kelly\n\n……………………………………………………………………………………….\n\nIAN CAMPBELL SHANE CARMODY Major General Mark Kelly\n\nPSM AO DSC\n\nPRESIDENT DEPUTY PRESIDENT COMMISSIONER\n\n#### PART 1 PRELIMINARY\n\n1. Name of instrument\n\nThis Determination is the Veterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012.\n\n2. Commencement\n\nThis Determination commences, or is taken to have commenced, on 14 May 2012.\n\n3. Definitions\n\nIn this Determination:\n\nabove general rate, in relation to disability pension, means disability pension paid at a rate greater than the rate specified in subsection 22(3) of the Act and includes where the person is paid a percentage, under subsection 22(2) of the Act, of the rate specified in subsection 22(3) that is increased under section 27 of the Act such that the total exceeds the rate specified in subsection 22(3).\n\nABSTUDY has the same meaning as in the Social Security Act 1991.\n\nABSTUDY Living Allowance means a living allowance under ABSTUDY.\n\nAct means the Veterans’ Entitlements Act 1986.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of clean energy base payment that the person receives.\n\nclean energy advance has the same meaning as in the Act.\n\nclean energy advance daily rate, for a particular clean energy underlying payment, has the meaning it has in section 61D of the Act for that payment.\n\nclean energy advance eligibility day means:\n\n(a) for a person eligible for a clean energy advance because of a determination made under subsection 61A(1) of the Act—the day that determination is made; or\n\n(b) for a person eligible for a clean energy advance because of a determination made under subsection 61A(2) of the Act—the day specified in that determination because of subsection 61A(3) of the Act.\n\nNote: The day specified in the determination because of subsection 61A(3) is the first day during the clean energy advance period for which the person satisfies the eligibility requirements, disregarding any short temporary absence from Australia.\n\nclean energy advance period means:\n\n(a) for a person eligible under subsection 61A(1) of the Act for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013;\n\n(b) for a person eligible under subsection 61A(2) of the Act for a clean energy advance—the period starting on the clean energy advance eligibility day for the person and ending on 19 March 2013.\n\nclean energy base payment means:\n\n-   an ABSTUDY Living Allowance; or\n-   a clean energy qualifying payment; or\n-   a clean energy underlying payment; or\n-   a clean energy underlying payment under the MRCA; or\n-   a clean energy underlying payment under the MRCAETS; or\n-   a clean energy underlying payment under the VCES.\n\nNote: the MRCA, MRCAETS and VCES contain their own definitions of “clean energy underlying payment”.\n\nclean energy bonus has the same meaning as in the Act.\n\nclean energy qualifying payment has the same meaning it has in the Social Security Act 1991.\n\nclean energy underlying payment has the same meaning as in the Act.\n\nCommission means the Repatriation Commission continued in existence by section 179 of the Act.\n\ndisability pension means:\n\n(a) a pension under Part II or IV of the Act (other than a pension that is payable under section 30 of the Act to a dependant of a deceased veteran); or\n\n(b) a pension payable because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child).\n\nmost recent change day means the change day that is closest in time to the day the person’s top‑up payment is being calculated.\n\nmost recent clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person’s clean energy advance eligibility day was the most recent change day.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCA permanent impairment payment means, in relation to a person:\n\n(a) weekly compensation under Part 2 of Chapter 4 of the MRCA that:\n\n(i) is payable to the person; or\n\n(ii) would be payable to the person apart from paragraph 398(3)(b) of the MRCA and the offsetting described in subsection 13(4) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;\n\n(b) lump sum compensation under Part 2 of Chapter 4 of the MRCA.\n\nMRCA Special Rate Disability Pension means compensation payable to a person under Part 6 of Chapter 4 of the MRCA or compensation that would be payable to the person under Part 6 of Chapter 4 of the MRCA apart from section 204 and paragraph 398(3)(b) of the MRCA.\n\n###### MRCA wholly dependent partner payment means the payment payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.\n\nMRCAETS means the Military Rehabilitation and Compensation Act Education and Training Scheme made under subsection 258(1) of the MRCA.\n\nMRCAETS payment means a payment of education allowance under the MRCAETS.\n\nmultiple entitlement exclusion has the same meaning as in subsection 61F(4) of the Act.\n\nnew change day, in relation to a person, means a change day that occurs after the person has previously been eligible for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person was first eligible for a clean energy advance on the change day.\n\nnew clean energy advance period, in relation to a person, means the clean energy advance period that applies to the person from the change day.\n\noriginal change day, in relation to a person, means the first change day for the person.\n\noriginal clean energy advance daily rate, in relation to a person, means the clean energy advance daily rate that was used to calculate the person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment, in relation to a person, means the clean energy advance (advance) originally paid to the person in respect of a clean energy underlying payment, for the clean energy advance period in respect of that advance.\n\noriginal payment start day, in relation to a person’s original payment, means the later of the start of the clean energy advance period for the original payment or the person’s clean energy advance eligibility day.\n\nseniors supplement has the same meaning as in the Act.\n\nservice pension has the same meaning as in the Act.\n\ntop-up payment means a payment calculated under Part 3.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2).\n\nVCES means the Veterans’ Children Education Scheme made under section 117 of the VEA.\n\nVCES payment means a payment of education allowance under the VCES.\n\nVEA means the Veterans’ Entitlements Act 1986.\n\n#### Part 2 When a person is eligible for a top-up payment\n\n#### 4. Eligibility for top-up payment\n\n#### (1) If:\n\n#### (a) the Commonwealth pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or\n\n#### (ii) except for the provisions of a multiple entitlement exclusion the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;\n\n#### the person is eligible for a top-up payment calculated in accordance with Part 3.\n\n#### (2) For the purposes of paragraph 4(1)(b) a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of service pension or seniors supplement and:\n\n#### (i) despite the change in circumstances the person still receives a clean energy underlying payment (excluding disability pension) and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914(4) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914A(5) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives MRCA wholly dependent partner payment in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an ABSTUDY payment in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n  (vi) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n  (vii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (b) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of disability pension and:\n\n#### (i) as a result of the change in circumstances the person commences to receive the disability pension at an above general rate in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### Note: an above general rate of disability pension includes an increase to disability pension that is already higher than the general rate.\n\n#### (ii) as a result of the change in circumstances the person commences to receive a MRCA Special Rate Disability Pension in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of disability pension but commences to receive a MRCA permanent impairment payment in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (c) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of war widow(er) pension and:\n\n#### (i) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### (1) If the person has not previously been eligible for a top-up payment under section 4, the amount of top-up payment is to be calculated in accordance with Method Statement 1:\n\n  ![](image.002.png)![](image.003.png)\n\n#### 6 Top-up payment for subsequent change of circumstances\n\n  (1) If a person has previously been paid a top-up payment calculated in accordance with section 5 and the person has a further change in circumstances any additional top-up is to be calculated in accordance with Method Statement 2:\n  ![](image.004.png)","sortOrder":2},{"sectionNumber":"(a) the Commonwealth pays a clean energy","sectionType":"section","heading":"(a) the Commonwealth pays a clean energy advance (the original payment) to a person; and","content":"![](image.001.png)\n\nVeterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012\n\n##### Veterans’ Entitlements Act 1986\n\nInstrument 2012 No. R1\n\nThe Repatriation Commission makes this Determination under subsection 61F(1) of the Veterans’ Entitlements Act 1986.\n\nDated this 4th day of April 2012\n\nIan Campbell Shane Carmody Major General Mark Kelly\n\n……………………………………………………………………………………….\n\nIAN CAMPBELL SHANE CARMODY Major General Mark Kelly\n\nPSM AO DSC\n\nPRESIDENT DEPUTY PRESIDENT COMMISSIONER\n\n#### PART 1 PRELIMINARY\n\n1. Name of instrument\n\nThis Determination is the Veterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012.\n\n2. Commencement\n\nThis Determination commences, or is taken to have commenced, on 14 May 2012.\n\n3. Definitions\n\nIn this Determination:\n\nabove general rate, in relation to disability pension, means disability pension paid at a rate greater than the rate specified in subsection 22(3) of the Act and includes where the person is paid a percentage, under subsection 22(2) of the Act, of the rate specified in subsection 22(3) that is increased under section 27 of the Act such that the total exceeds the rate specified in subsection 22(3).\n\nABSTUDY has the same meaning as in the Social Security Act 1991.\n\nABSTUDY Living Allowance means a living allowance under ABSTUDY.\n\nAct means the Veterans’ Entitlements Act 1986.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of clean energy base payment that the person receives.\n\nclean energy advance has the same meaning as in the Act.\n\nclean energy advance daily rate, for a particular clean energy underlying payment, has the meaning it has in section 61D of the Act for that payment.\n\nclean energy advance eligibility day means:\n\n(a) for a person eligible for a clean energy advance because of a determination made under subsection 61A(1) of the Act—the day that determination is made; or\n\n(b) for a person eligible for a clean energy advance because of a determination made under subsection 61A(2) of the Act—the day specified in that determination because of subsection 61A(3) of the Act.\n\nNote: The day specified in the determination because of subsection 61A(3) is the first day during the clean energy advance period for which the person satisfies the eligibility requirements, disregarding any short temporary absence from Australia.\n\nclean energy advance period means:\n\n(a) for a person eligible under subsection 61A(1) of the Act for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013;\n\n(b) for a person eligible under subsection 61A(2) of the Act for a clean energy advance—the period starting on the clean energy advance eligibility day for the person and ending on 19 March 2013.\n\nclean energy base payment means:\n\n-   an ABSTUDY Living Allowance; or\n-   a clean energy qualifying payment; or\n-   a clean energy underlying payment; or\n-   a clean energy underlying payment under the MRCA; or\n-   a clean energy underlying payment under the MRCAETS; or\n-   a clean energy underlying payment under the VCES.\n\nNote: the MRCA, MRCAETS and VCES contain their own definitions of “clean energy underlying payment”.\n\nclean energy bonus has the same meaning as in the Act.\n\nclean energy qualifying payment has the same meaning it has in the Social Security Act 1991.\n\nclean energy underlying payment has the same meaning as in the Act.\n\nCommission means the Repatriation Commission continued in existence by section 179 of the Act.\n\ndisability pension means:\n\n(a) a pension under Part II or IV of the Act (other than a pension that is payable under section 30 of the Act to a dependant of a deceased veteran); or\n\n(b) a pension payable because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child).\n\nmost recent change day means the change day that is closest in time to the day the person’s top‑up payment is being calculated.\n\nmost recent clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person’s clean energy advance eligibility day was the most recent change day.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCA permanent impairment payment means, in relation to a person:\n\n(a) weekly compensation under Part 2 of Chapter 4 of the MRCA that:\n\n(i) is payable to the person; or\n\n(ii) would be payable to the person apart from paragraph 398(3)(b) of the MRCA and the offsetting described in subsection 13(4) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;\n\n(b) lump sum compensation under Part 2 of Chapter 4 of the MRCA.\n\nMRCA Special Rate Disability Pension means compensation payable to a person under Part 6 of Chapter 4 of the MRCA or compensation that would be payable to the person under Part 6 of Chapter 4 of the MRCA apart from section 204 and paragraph 398(3)(b) of the MRCA.\n\n###### MRCA wholly dependent partner payment means the payment payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.\n\nMRCAETS means the Military Rehabilitation and Compensation Act Education and Training Scheme made under subsection 258(1) of the MRCA.\n\nMRCAETS payment means a payment of education allowance under the MRCAETS.\n\nmultiple entitlement exclusion has the same meaning as in subsection 61F(4) of the Act.\n\nnew change day, in relation to a person, means a change day that occurs after the person has previously been eligible for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person was first eligible for a clean energy advance on the change day.\n\nnew clean energy advance period, in relation to a person, means the clean energy advance period that applies to the person from the change day.\n\noriginal change day, in relation to a person, means the first change day for the person.\n\noriginal clean energy advance daily rate, in relation to a person, means the clean energy advance daily rate that was used to calculate the person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment, in relation to a person, means the clean energy advance (advance) originally paid to the person in respect of a clean energy underlying payment, for the clean energy advance period in respect of that advance.\n\noriginal payment start day, in relation to a person’s original payment, means the later of the start of the clean energy advance period for the original payment or the person’s clean energy advance eligibility day.\n\nseniors supplement has the same meaning as in the Act.\n\nservice pension has the same meaning as in the Act.\n\ntop-up payment means a payment calculated under Part 3.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2).\n\nVCES means the Veterans’ Children Education Scheme made under section 117 of the VEA.\n\nVCES payment means a payment of education allowance under the VCES.\n\nVEA means the Veterans’ Entitlements Act 1986.\n\n#### Part 2 When a person is eligible for a top-up payment\n\n#### 4. Eligibility for top-up payment\n\n#### (1) If:\n\n#### (a) the Commonwealth pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or\n\n#### (ii) except for the provisions of a multiple entitlement exclusion the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;\n\n#### the person is eligible for a top-up payment calculated in accordance with Part 3.\n\n#### (2) For the purposes of paragraph 4(1)(b) a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of service pension or seniors supplement and:\n\n#### (i) despite the change in circumstances the person still receives a clean energy underlying payment (excluding disability pension) and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914(4) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914A(5) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives MRCA wholly dependent partner payment in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an ABSTUDY payment in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n  (vi) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n  (vii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (b) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of disability pension and:\n\n#### (i) as a result of the change in circumstances the person commences to receive the disability pension at an above general rate in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### Note: an above general rate of disability pension includes an increase to disability pension that is already higher than the general rate.\n\n#### (ii) as a result of the change in circumstances the person commences to receive a MRCA Special Rate Disability Pension in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of disability pension but commences to receive a MRCA permanent impairment payment in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (c) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of war widow(er) pension and:\n\n#### (i) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### (1) If the person has not previously been eligible for a top-up payment under section 4, the amount of top-up payment is to be calculated in accordance with Method Statement 1:\n\n  ![](image.002.png)![](image.003.png)\n\n#### 6 Top-up payment for subsequent change of circumstances\n\n  (1) If a person has previously been paid a top-up payment calculated in accordance with section 5 and the person has a further change in circumstances any additional top-up is to be calculated in accordance with Method Statement 2:\n  ![](image.004.png)","sortOrder":3},{"sectionNumber":"(b) the person’s circumstances change on","sectionType":"section","heading":"(b) the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and","content":"![](image.001.png)\n\nVeterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012\n\n##### Veterans’ Entitlements Act 1986\n\nInstrument 2012 No. R1\n\nThe Repatriation Commission makes this Determination under subsection 61F(1) of the Veterans’ Entitlements Act 1986.\n\nDated this 4th day of April 2012\n\nIan Campbell Shane Carmody Major General Mark Kelly\n\n……………………………………………………………………………………….\n\nIAN CAMPBELL SHANE CARMODY Major General Mark Kelly\n\nPSM AO DSC\n\nPRESIDENT DEPUTY PRESIDENT COMMISSIONER\n\n#### PART 1 PRELIMINARY\n\n1. Name of instrument\n\nThis Determination is the Veterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012.\n\n2. Commencement\n\nThis Determination commences, or is taken to have commenced, on 14 May 2012.\n\n3. Definitions\n\nIn this Determination:\n\nabove general rate, in relation to disability pension, means disability pension paid at a rate greater than the rate specified in subsection 22(3) of the Act and includes where the person is paid a percentage, under subsection 22(2) of the Act, of the rate specified in subsection 22(3) that is increased under section 27 of the Act such that the total exceeds the rate specified in subsection 22(3).\n\nABSTUDY has the same meaning as in the Social Security Act 1991.\n\nABSTUDY Living Allowance means a living allowance under ABSTUDY.\n\nAct means the Veterans’ Entitlements Act 1986.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of clean energy base payment that the person receives.\n\nclean energy advance has the same meaning as in the Act.\n\nclean energy advance daily rate, for a particular clean energy underlying payment, has the meaning it has in section 61D of the Act for that payment.\n\nclean energy advance eligibility day means:\n\n(a) for a person eligible for a clean energy advance because of a determination made under subsection 61A(1) of the Act—the day that determination is made; or\n\n(b) for a person eligible for a clean energy advance because of a determination made under subsection 61A(2) of the Act—the day specified in that determination because of subsection 61A(3) of the Act.\n\nNote: The day specified in the determination because of subsection 61A(3) is the first day during the clean energy advance period for which the person satisfies the eligibility requirements, disregarding any short temporary absence from Australia.\n\nclean energy advance period means:\n\n(a) for a person eligible under subsection 61A(1) of the Act for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013;\n\n(b) for a person eligible under subsection 61A(2) of the Act for a clean energy advance—the period starting on the clean energy advance eligibility day for the person and ending on 19 March 2013.\n\nclean energy base payment means:\n\n-   an ABSTUDY Living Allowance; or\n-   a clean energy qualifying payment; or\n-   a clean energy underlying payment; or\n-   a clean energy underlying payment under the MRCA; or\n-   a clean energy underlying payment under the MRCAETS; or\n-   a clean energy underlying payment under the VCES.\n\nNote: the MRCA, MRCAETS and VCES contain their own definitions of “clean energy underlying payment”.\n\nclean energy bonus has the same meaning as in the Act.\n\nclean energy qualifying payment has the same meaning it has in the Social Security Act 1991.\n\nclean energy underlying payment has the same meaning as in the Act.\n\nCommission means the Repatriation Commission continued in existence by section 179 of the Act.\n\ndisability pension means:\n\n(a) a pension under Part II or IV of the Act (other than a pension that is payable under section 30 of the Act to a dependant of a deceased veteran); or\n\n(b) a pension payable because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child).\n\nmost recent change day means the change day that is closest in time to the day the person’s top‑up payment is being calculated.\n\nmost recent clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person’s clean energy advance eligibility day was the most recent change day.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCA permanent impairment payment means, in relation to a person:\n\n(a) weekly compensation under Part 2 of Chapter 4 of the MRCA that:\n\n(i) is payable to the person; or\n\n(ii) would be payable to the person apart from paragraph 398(3)(b) of the MRCA and the offsetting described in subsection 13(4) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;\n\n(b) lump sum compensation under Part 2 of Chapter 4 of the MRCA.\n\nMRCA Special Rate Disability Pension means compensation payable to a person under Part 6 of Chapter 4 of the MRCA or compensation that would be payable to the person under Part 6 of Chapter 4 of the MRCA apart from section 204 and paragraph 398(3)(b) of the MRCA.\n\n###### MRCA wholly dependent partner payment means the payment payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.\n\nMRCAETS means the Military Rehabilitation and Compensation Act Education and Training Scheme made under subsection 258(1) of the MRCA.\n\nMRCAETS payment means a payment of education allowance under the MRCAETS.\n\nmultiple entitlement exclusion has the same meaning as in subsection 61F(4) of the Act.\n\nnew change day, in relation to a person, means a change day that occurs after the person has previously been eligible for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person was first eligible for a clean energy advance on the change day.\n\nnew clean energy advance period, in relation to a person, means the clean energy advance period that applies to the person from the change day.\n\noriginal change day, in relation to a person, means the first change day for the person.\n\noriginal clean energy advance daily rate, in relation to a person, means the clean energy advance daily rate that was used to calculate the person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment, in relation to a person, means the clean energy advance (advance) originally paid to the person in respect of a clean energy underlying payment, for the clean energy advance period in respect of that advance.\n\noriginal payment start day, in relation to a person’s original payment, means the later of the start of the clean energy advance period for the original payment or the person’s clean energy advance eligibility day.\n\nseniors supplement has the same meaning as in the Act.\n\nservice pension has the same meaning as in the Act.\n\ntop-up payment means a payment calculated under Part 3.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2).\n\nVCES means the Veterans’ Children Education Scheme made under section 117 of the VEA.\n\nVCES payment means a payment of education allowance under the VCES.\n\nVEA means the Veterans’ Entitlements Act 1986.\n\n#### Part 2 When a person is eligible for a top-up payment\n\n#### 4. Eligibility for top-up payment\n\n#### (1) If:\n\n#### (a) the Commonwealth pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or\n\n#### (ii) except for the provisions of a multiple entitlement exclusion the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;\n\n#### the person is eligible for a top-up payment calculated in accordance with Part 3.\n\n#### (2) For the purposes of paragraph 4(1)(b) a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of service pension or seniors supplement and:\n\n#### (i) despite the change in circumstances the person still receives a clean energy underlying payment (excluding disability pension) and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914(4) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914A(5) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives MRCA wholly dependent partner payment in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an ABSTUDY payment in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n  (vi) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n  (vii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (b) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of disability pension and:\n\n#### (i) as a result of the change in circumstances the person commences to receive the disability pension at an above general rate in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### Note: an above general rate of disability pension includes an increase to disability pension that is already higher than the general rate.\n\n#### (ii) as a result of the change in circumstances the person commences to receive a MRCA Special Rate Disability Pension in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of disability pension but commences to receive a MRCA permanent impairment payment in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (c) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of war widow(er) pension and:\n\n#### (i) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### (1) If the person has not previously been eligible for a top-up payment under section 4, the amount of top-up payment is to be calculated in accordance with Method Statement 1:\n\n  ![](image.002.png)![](image.003.png)\n\n#### 6 Top-up payment for subsequent change of circumstances\n\n  (1) If a person has previously been paid a top-up payment calculated in accordance with section 5 and the person has a further change in circumstances any additional top-up is to be calculated in accordance with Method Statement 2:\n  ![](image.004.png)","sortOrder":4},{"sectionNumber":"(c) either","sectionType":"section","heading":"(c) either","content":"![](image.001.png)\n\nVeterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012\n\n##### Veterans’ Entitlements Act 1986\n\nInstrument 2012 No. R1\n\nThe Repatriation Commission makes this Determination under subsection 61F(1) of the Veterans’ Entitlements Act 1986.\n\nDated this 4th day of April 2012\n\nIan Campbell Shane Carmody Major General Mark Kelly\n\n……………………………………………………………………………………….\n\nIAN CAMPBELL SHANE CARMODY Major General Mark Kelly\n\nPSM AO DSC\n\nPRESIDENT DEPUTY PRESIDENT COMMISSIONER\n\n#### PART 1 PRELIMINARY\n\n1. Name of instrument\n\nThis Determination is the Veterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012.\n\n2. Commencement\n\nThis Determination commences, or is taken to have commenced, on 14 May 2012.\n\n3. Definitions\n\nIn this Determination:\n\nabove general rate, in relation to disability pension, means disability pension paid at a rate greater than the rate specified in subsection 22(3) of the Act and includes where the person is paid a percentage, under subsection 22(2) of the Act, of the rate specified in subsection 22(3) that is increased under section 27 of the Act such that the total exceeds the rate specified in subsection 22(3).\n\nABSTUDY has the same meaning as in the Social Security Act 1991.\n\nABSTUDY Living Allowance means a living allowance under ABSTUDY.\n\nAct means the Veterans’ Entitlements Act 1986.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of clean energy base payment that the person receives.\n\nclean energy advance has the same meaning as in the Act.\n\nclean energy advance daily rate, for a particular clean energy underlying payment, has the meaning it has in section 61D of the Act for that payment.\n\nclean energy advance eligibility day means:\n\n(a) for a person eligible for a clean energy advance because of a determination made under subsection 61A(1) of the Act—the day that determination is made; or\n\n(b) for a person eligible for a clean energy advance because of a determination made under subsection 61A(2) of the Act—the day specified in that determination because of subsection 61A(3) of the Act.\n\nNote: The day specified in the determination because of subsection 61A(3) is the first day during the clean energy advance period for which the person satisfies the eligibility requirements, disregarding any short temporary absence from Australia.\n\nclean energy advance period means:\n\n(a) for a person eligible under subsection 61A(1) of the Act for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013;\n\n(b) for a person eligible under subsection 61A(2) of the Act for a clean energy advance—the period starting on the clean energy advance eligibility day for the person and ending on 19 March 2013.\n\nclean energy base payment means:\n\n-   an ABSTUDY Living Allowance; or\n-   a clean energy qualifying payment; or\n-   a clean energy underlying payment; or\n-   a clean energy underlying payment under the MRCA; or\n-   a clean energy underlying payment under the MRCAETS; or\n-   a clean energy underlying payment under the VCES.\n\nNote: the MRCA, MRCAETS and VCES contain their own definitions of “clean energy underlying payment”.\n\nclean energy bonus has the same meaning as in the Act.\n\nclean energy qualifying payment has the same meaning it has in the Social Security Act 1991.\n\nclean energy underlying payment has the same meaning as in the Act.\n\nCommission means the Repatriation Commission continued in existence by section 179 of the Act.\n\ndisability pension means:\n\n(a) a pension under Part II or IV of the Act (other than a pension that is payable under section 30 of the Act to a dependant of a deceased veteran); or\n\n(b) a pension payable because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child).\n\nmost recent change day means the change day that is closest in time to the day the person’s top‑up payment is being calculated.\n\nmost recent clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person’s clean energy advance eligibility day was the most recent change day.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCA permanent impairment payment means, in relation to a person:\n\n(a) weekly compensation under Part 2 of Chapter 4 of the MRCA that:\n\n(i) is payable to the person; or\n\n(ii) would be payable to the person apart from paragraph 398(3)(b) of the MRCA and the offsetting described in subsection 13(4) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;\n\n(b) lump sum compensation under Part 2 of Chapter 4 of the MRCA.\n\nMRCA Special Rate Disability Pension means compensation payable to a person under Part 6 of Chapter 4 of the MRCA or compensation that would be payable to the person under Part 6 of Chapter 4 of the MRCA apart from section 204 and paragraph 398(3)(b) of the MRCA.\n\n###### MRCA wholly dependent partner payment means the payment payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.\n\nMRCAETS means the Military Rehabilitation and Compensation Act Education and Training Scheme made under subsection 258(1) of the MRCA.\n\nMRCAETS payment means a payment of education allowance under the MRCAETS.\n\nmultiple entitlement exclusion has the same meaning as in subsection 61F(4) of the Act.\n\nnew change day, in relation to a person, means a change day that occurs after the person has previously been eligible for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person was first eligible for a clean energy advance on the change day.\n\nnew clean energy advance period, in relation to a person, means the clean energy advance period that applies to the person from the change day.\n\noriginal change day, in relation to a person, means the first change day for the person.\n\noriginal clean energy advance daily rate, in relation to a person, means the clean energy advance daily rate that was used to calculate the person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment, in relation to a person, means the clean energy advance (advance) originally paid to the person in respect of a clean energy underlying payment, for the clean energy advance period in respect of that advance.\n\noriginal payment start day, in relation to a person’s original payment, means the later of the start of the clean energy advance period for the original payment or the person’s clean energy advance eligibility day.\n\nseniors supplement has the same meaning as in the Act.\n\nservice pension has the same meaning as in the Act.\n\ntop-up payment means a payment calculated under Part 3.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2).\n\nVCES means the Veterans’ Children Education Scheme made under section 117 of the VEA.\n\nVCES payment means a payment of education allowance under the VCES.\n\nVEA means the Veterans’ Entitlements Act 1986.\n\n#### Part 2 When a person is eligible for a top-up payment\n\n#### 4. Eligibility for top-up payment\n\n#### (1) If:\n\n#### (a) the Commonwealth pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or\n\n#### (ii) except for the provisions of a multiple entitlement exclusion the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;\n\n#### the person is eligible for a top-up payment calculated in accordance with Part 3.\n\n#### (2) For the purposes of paragraph 4(1)(b) a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of service pension or seniors supplement and:\n\n#### (i) despite the change in circumstances the person still receives a clean energy underlying payment (excluding disability pension) and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914(4) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914A(5) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives MRCA wholly dependent partner payment in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an ABSTUDY payment in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n  (vi) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n  (vii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (b) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of disability pension and:\n\n#### (i) as a result of the change in circumstances the person commences to receive the disability pension at an above general rate in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### Note: an above general rate of disability pension includes an increase to disability pension that is already higher than the general rate.\n\n#### (ii) as a result of the change in circumstances the person commences to receive a MRCA Special Rate Disability Pension in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of disability pension but commences to receive a MRCA permanent impairment payment in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (c) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of war widow(er) pension and:\n\n#### (i) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### (1) If the person has not previously been eligible for a top-up payment under section 4, the amount of top-up payment is to be calculated in accordance with Method Statement 1:\n\n  ![](image.002.png)![](image.003.png)\n\n#### 6 Top-up payment for subsequent change of circumstances\n\n  (1) If a person has previously been paid a top-up payment calculated in accordance with section 5 and the person has a further change in circumstances any additional top-up is to be calculated in accordance with Method Statement 2:\n  ![](image.004.png)","sortOrder":5},{"sectionNumber":"(i) the change of circumstances means th","sectionType":"section","heading":"(i) the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or","content":"![](image.001.png)\n\nVeterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012\n\n##### Veterans’ Entitlements Act 1986\n\nInstrument 2012 No. R1\n\nThe Repatriation Commission makes this Determination under subsection 61F(1) of the Veterans’ Entitlements Act 1986.\n\nDated this 4th day of April 2012\n\nIan Campbell Shane Carmody Major General Mark Kelly\n\n……………………………………………………………………………………….\n\nIAN CAMPBELL SHANE CARMODY Major General Mark Kelly\n\nPSM AO DSC\n\nPRESIDENT DEPUTY PRESIDENT COMMISSIONER\n\n#### PART 1 PRELIMINARY\n\n1. Name of instrument\n\nThis Determination is the Veterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012.\n\n2. Commencement\n\nThis Determination commences, or is taken to have commenced, on 14 May 2012.\n\n3. Definitions\n\nIn this Determination:\n\nabove general rate, in relation to disability pension, means disability pension paid at a rate greater than the rate specified in subsection 22(3) of the Act and includes where the person is paid a percentage, under subsection 22(2) of the Act, of the rate specified in subsection 22(3) that is increased under section 27 of the Act such that the total exceeds the rate specified in subsection 22(3).\n\nABSTUDY has the same meaning as in the Social Security Act 1991.\n\nABSTUDY Living Allowance means a living allowance under ABSTUDY.\n\nAct means the Veterans’ Entitlements Act 1986.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of clean energy base payment that the person receives.\n\nclean energy advance has the same meaning as in the Act.\n\nclean energy advance daily rate, for a particular clean energy underlying payment, has the meaning it has in section 61D of the Act for that payment.\n\nclean energy advance eligibility day means:\n\n(a) for a person eligible for a clean energy advance because of a determination made under subsection 61A(1) of the Act—the day that determination is made; or\n\n(b) for a person eligible for a clean energy advance because of a determination made under subsection 61A(2) of the Act—the day specified in that determination because of subsection 61A(3) of the Act.\n\nNote: The day specified in the determination because of subsection 61A(3) is the first day during the clean energy advance period for which the person satisfies the eligibility requirements, disregarding any short temporary absence from Australia.\n\nclean energy advance period means:\n\n(a) for a person eligible under subsection 61A(1) of the Act for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013;\n\n(b) for a person eligible under subsection 61A(2) of the Act for a clean energy advance—the period starting on the clean energy advance eligibility day for the person and ending on 19 March 2013.\n\nclean energy base payment means:\n\n-   an ABSTUDY Living Allowance; or\n-   a clean energy qualifying payment; or\n-   a clean energy underlying payment; or\n-   a clean energy underlying payment under the MRCA; or\n-   a clean energy underlying payment under the MRCAETS; or\n-   a clean energy underlying payment under the VCES.\n\nNote: the MRCA, MRCAETS and VCES contain their own definitions of “clean energy underlying payment”.\n\nclean energy bonus has the same meaning as in the Act.\n\nclean energy qualifying payment has the same meaning it has in the Social Security Act 1991.\n\nclean energy underlying payment has the same meaning as in the Act.\n\nCommission means the Repatriation Commission continued in existence by section 179 of the Act.\n\ndisability pension means:\n\n(a) a pension under Part II or IV of the Act (other than a pension that is payable under section 30 of the Act to a dependant of a deceased veteran); or\n\n(b) a pension payable because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child).\n\nmost recent change day means the change day that is closest in time to the day the person’s top‑up payment is being calculated.\n\nmost recent clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person’s clean energy advance eligibility day was the most recent change day.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCA permanent impairment payment means, in relation to a person:\n\n(a) weekly compensation under Part 2 of Chapter 4 of the MRCA that:\n\n(i) is payable to the person; or\n\n(ii) would be payable to the person apart from paragraph 398(3)(b) of the MRCA and the offsetting described in subsection 13(4) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;\n\n(b) lump sum compensation under Part 2 of Chapter 4 of the MRCA.\n\nMRCA Special Rate Disability Pension means compensation payable to a person under Part 6 of Chapter 4 of the MRCA or compensation that would be payable to the person under Part 6 of Chapter 4 of the MRCA apart from section 204 and paragraph 398(3)(b) of the MRCA.\n\n###### MRCA wholly dependent partner payment means the payment payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.\n\nMRCAETS means the Military Rehabilitation and Compensation Act Education and Training Scheme made under subsection 258(1) of the MRCA.\n\nMRCAETS payment means a payment of education allowance under the MRCAETS.\n\nmultiple entitlement exclusion has the same meaning as in subsection 61F(4) of the Act.\n\nnew change day, in relation to a person, means a change day that occurs after the person has previously been eligible for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person was first eligible for a clean energy advance on the change day.\n\nnew clean energy advance period, in relation to a person, means the clean energy advance period that applies to the person from the change day.\n\noriginal change day, in relation to a person, means the first change day for the person.\n\noriginal clean energy advance daily rate, in relation to a person, means the clean energy advance daily rate that was used to calculate the person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment, in relation to a person, means the clean energy advance (advance) originally paid to the person in respect of a clean energy underlying payment, for the clean energy advance period in respect of that advance.\n\noriginal payment start day, in relation to a person’s original payment, means the later of the start of the clean energy advance period for the original payment or the person’s clean energy advance eligibility day.\n\nseniors supplement has the same meaning as in the Act.\n\nservice pension has the same meaning as in the Act.\n\ntop-up payment means a payment calculated under Part 3.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2).\n\nVCES means the Veterans’ Children Education Scheme made under section 117 of the VEA.\n\nVCES payment means a payment of education allowance under the VCES.\n\nVEA means the Veterans’ Entitlements Act 1986.\n\n#### Part 2 When a person is eligible for a top-up payment\n\n#### 4. Eligibility for top-up payment\n\n#### (1) If:\n\n#### (a) the Commonwealth pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or\n\n#### (ii) except for the provisions of a multiple entitlement exclusion the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;\n\n#### the person is eligible for a top-up payment calculated in accordance with Part 3.\n\n#### (2) For the purposes of paragraph 4(1)(b) a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of service pension or seniors supplement and:\n\n#### (i) despite the change in circumstances the person still receives a clean energy underlying payment (excluding disability pension) and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914(4) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914A(5) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives MRCA wholly dependent partner payment in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an ABSTUDY payment in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n  (vi) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n  (vii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (b) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of disability pension and:\n\n#### (i) as a result of the change in circumstances the person commences to receive the disability pension at an above general rate in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### Note: an above general rate of disability pension includes an increase to disability pension that is already higher than the general rate.\n\n#### (ii) as a result of the change in circumstances the person commences to receive a MRCA Special Rate Disability Pension in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of disability pension but commences to receive a MRCA permanent impairment payment in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (c) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of war widow(er) pension and:\n\n#### (i) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### (1) If the person has not previously been eligible for a top-up payment under section 4, the amount of top-up payment is to be calculated in accordance with Method Statement 1:\n\n  ![](image.002.png)![](image.003.png)\n\n#### 6 Top-up payment for subsequent change of circumstances\n\n  (1) If a person has previously been paid a top-up payment calculated in accordance with section 5 and the person has a further change in circumstances any additional top-up is to be calculated in accordance with Method Statement 2:\n  ![](image.004.png)","sortOrder":6},{"sectionNumber":"(ii) except for the provisions of a mult","sectionType":"section","heading":"(ii) except for the provisions of a multiple entitlement exclusion the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;","content":"![](image.001.png)\n\nVeterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012\n\n##### Veterans’ Entitlements Act 1986\n\nInstrument 2012 No. R1\n\nThe Repatriation Commission makes this Determination under subsection 61F(1) of the Veterans’ Entitlements Act 1986.\n\nDated this 4th day of April 2012\n\nIan Campbell Shane Carmody Major General Mark Kelly\n\n……………………………………………………………………………………….\n\nIAN CAMPBELL SHANE CARMODY Major General Mark Kelly\n\nPSM AO DSC\n\nPRESIDENT DEPUTY PRESIDENT COMMISSIONER\n\n#### PART 1 PRELIMINARY\n\n1. Name of instrument\n\nThis Determination is the Veterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012.\n\n2. Commencement\n\nThis Determination commences, or is taken to have commenced, on 14 May 2012.\n\n3. Definitions\n\nIn this Determination:\n\nabove general rate, in relation to disability pension, means disability pension paid at a rate greater than the rate specified in subsection 22(3) of the Act and includes where the person is paid a percentage, under subsection 22(2) of the Act, of the rate specified in subsection 22(3) that is increased under section 27 of the Act such that the total exceeds the rate specified in subsection 22(3).\n\nABSTUDY has the same meaning as in the Social Security Act 1991.\n\nABSTUDY Living Allowance means a living allowance under ABSTUDY.\n\nAct means the Veterans’ Entitlements Act 1986.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of clean energy base payment that the person receives.\n\nclean energy advance has the same meaning as in the Act.\n\nclean energy advance daily rate, for a particular clean energy underlying payment, has the meaning it has in section 61D of the Act for that payment.\n\nclean energy advance eligibility day means:\n\n(a) for a person eligible for a clean energy advance because of a determination made under subsection 61A(1) of the Act—the day that determination is made; or\n\n(b) for a person eligible for a clean energy advance because of a determination made under subsection 61A(2) of the Act—the day specified in that determination because of subsection 61A(3) of the Act.\n\nNote: The day specified in the determination because of subsection 61A(3) is the first day during the clean energy advance period for which the person satisfies the eligibility requirements, disregarding any short temporary absence from Australia.\n\nclean energy advance period means:\n\n(a) for a person eligible under subsection 61A(1) of the Act for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013;\n\n(b) for a person eligible under subsection 61A(2) of the Act for a clean energy advance—the period starting on the clean energy advance eligibility day for the person and ending on 19 March 2013.\n\nclean energy base payment means:\n\n-   an ABSTUDY Living Allowance; or\n-   a clean energy qualifying payment; or\n-   a clean energy underlying payment; or\n-   a clean energy underlying payment under the MRCA; or\n-   a clean energy underlying payment under the MRCAETS; or\n-   a clean energy underlying payment under the VCES.\n\nNote: the MRCA, MRCAETS and VCES contain their own definitions of “clean energy underlying payment”.\n\nclean energy bonus has the same meaning as in the Act.\n\nclean energy qualifying payment has the same meaning it has in the Social Security Act 1991.\n\nclean energy underlying payment has the same meaning as in the Act.\n\nCommission means the Repatriation Commission continued in existence by section 179 of the Act.\n\ndisability pension means:\n\n(a) a pension under Part II or IV of the Act (other than a pension that is payable under section 30 of the Act to a dependant of a deceased veteran); or\n\n(b) a pension payable because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child).\n\nmost recent change day means the change day that is closest in time to the day the person’s top‑up payment is being calculated.\n\nmost recent clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person’s clean energy advance eligibility day was the most recent change day.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCA permanent impairment payment means, in relation to a person:\n\n(a) weekly compensation under Part 2 of Chapter 4 of the MRCA that:\n\n(i) is payable to the person; or\n\n(ii) would be payable to the person apart from paragraph 398(3)(b) of the MRCA and the offsetting described in subsection 13(4) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;\n\n(b) lump sum compensation under Part 2 of Chapter 4 of the MRCA.\n\nMRCA Special Rate Disability Pension means compensation payable to a person under Part 6 of Chapter 4 of the MRCA or compensation that would be payable to the person under Part 6 of Chapter 4 of the MRCA apart from section 204 and paragraph 398(3)(b) of the MRCA.\n\n###### MRCA wholly dependent partner payment means the payment payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.\n\nMRCAETS means the Military Rehabilitation and Compensation Act Education and Training Scheme made under subsection 258(1) of the MRCA.\n\nMRCAETS payment means a payment of education allowance under the MRCAETS.\n\nmultiple entitlement exclusion has the same meaning as in subsection 61F(4) of the Act.\n\nnew change day, in relation to a person, means a change day that occurs after the person has previously been eligible for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person was first eligible for a clean energy advance on the change day.\n\nnew clean energy advance period, in relation to a person, means the clean energy advance period that applies to the person from the change day.\n\noriginal change day, in relation to a person, means the first change day for the person.\n\noriginal clean energy advance daily rate, in relation to a person, means the clean energy advance daily rate that was used to calculate the person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment, in relation to a person, means the clean energy advance (advance) originally paid to the person in respect of a clean energy underlying payment, for the clean energy advance period in respect of that advance.\n\noriginal payment start day, in relation to a person’s original payment, means the later of the start of the clean energy advance period for the original payment or the person’s clean energy advance eligibility day.\n\nseniors supplement has the same meaning as in the Act.\n\nservice pension has the same meaning as in the Act.\n\ntop-up payment means a payment calculated under Part 3.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2).\n\nVCES means the Veterans’ Children Education Scheme made under section 117 of the VEA.\n\nVCES payment means a payment of education allowance under the VCES.\n\nVEA means the Veterans’ Entitlements Act 1986.\n\n#### Part 2 When a person is eligible for a top-up payment\n\n#### 4. Eligibility for top-up payment\n\n#### (1) If:\n\n#### (a) the Commonwealth pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or\n\n#### (ii) except for the provisions of a multiple entitlement exclusion the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;\n\n#### the person is eligible for a top-up payment calculated in accordance with Part 3.\n\n#### (2) For the purposes of paragraph 4(1)(b) a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of service pension or seniors supplement and:\n\n#### (i) despite the change in circumstances the person still receives a clean energy underlying payment (excluding disability pension) and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914(4) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914A(5) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives MRCA wholly dependent partner payment in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an ABSTUDY payment in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n  (vi) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n  (vii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (b) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of disability pension and:\n\n#### (i) as a result of the change in circumstances the person commences to receive the disability pension at an above general rate in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### Note: an above general rate of disability pension includes an increase to disability pension that is already higher than the general rate.\n\n#### (ii) as a result of the change in circumstances the person commences to receive a MRCA Special Rate Disability Pension in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of disability pension but commences to receive a MRCA permanent impairment payment in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (c) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of war widow(er) pension and:\n\n#### (i) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### (1) If the person has not previously been eligible for a top-up payment under section 4, the amount of top-up payment is to be calculated in accordance with Method Statement 1:\n\n  ![](image.002.png)![](image.003.png)\n\n#### 6 Top-up payment for subsequent change of circumstances\n\n  (1) If a person has previously been paid a top-up payment calculated in accordance with section 5 and the person has a further change in circumstances any additional top-up is to be calculated in accordance with Method Statement 2:\n  ![](image.004.png)","sortOrder":7},{"sectionNumber":"the person is eligible for a top-up paym","sectionType":"section","heading":"the person is eligible for a top-up payment calculated in accordance with Part 3.","content":"![](image.001.png)\n\nVeterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012\n\n##### Veterans’ Entitlements Act 1986\n\nInstrument 2012 No. R1\n\nThe Repatriation Commission makes this Determination under subsection 61F(1) of the Veterans’ Entitlements Act 1986.\n\nDated this 4th day of April 2012\n\nIan Campbell Shane Carmody Major General Mark Kelly\n\n……………………………………………………………………………………….\n\nIAN CAMPBELL SHANE CARMODY Major General Mark Kelly\n\nPSM AO DSC\n\nPRESIDENT DEPUTY PRESIDENT COMMISSIONER\n\n#### PART 1 PRELIMINARY\n\n1. Name of instrument\n\nThis Determination is the Veterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012.\n\n2. Commencement\n\nThis Determination commences, or is taken to have commenced, on 14 May 2012.\n\n3. Definitions\n\nIn this Determination:\n\nabove general rate, in relation to disability pension, means disability pension paid at a rate greater than the rate specified in subsection 22(3) of the Act and includes where the person is paid a percentage, under subsection 22(2) of the Act, of the rate specified in subsection 22(3) that is increased under section 27 of the Act such that the total exceeds the rate specified in subsection 22(3).\n\nABSTUDY has the same meaning as in the Social Security Act 1991.\n\nABSTUDY Living Allowance means a living allowance under ABSTUDY.\n\nAct means the Veterans’ Entitlements Act 1986.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of clean energy base payment that the person receives.\n\nclean energy advance has the same meaning as in the Act.\n\nclean energy advance daily rate, for a particular clean energy underlying payment, has the meaning it has in section 61D of the Act for that payment.\n\nclean energy advance eligibility day means:\n\n(a) for a person eligible for a clean energy advance because of a determination made under subsection 61A(1) of the Act—the day that determination is made; or\n\n(b) for a person eligible for a clean energy advance because of a determination made under subsection 61A(2) of the Act—the day specified in that determination because of subsection 61A(3) of the Act.\n\nNote: The day specified in the determination because of subsection 61A(3) is the first day during the clean energy advance period for which the person satisfies the eligibility requirements, disregarding any short temporary absence from Australia.\n\nclean energy advance period means:\n\n(a) for a person eligible under subsection 61A(1) of the Act for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013;\n\n(b) for a person eligible under subsection 61A(2) of the Act for a clean energy advance—the period starting on the clean energy advance eligibility day for the person and ending on 19 March 2013.\n\nclean energy base payment means:\n\n-   an ABSTUDY Living Allowance; or\n-   a clean energy qualifying payment; or\n-   a clean energy underlying payment; or\n-   a clean energy underlying payment under the MRCA; or\n-   a clean energy underlying payment under the MRCAETS; or\n-   a clean energy underlying payment under the VCES.\n\nNote: the MRCA, MRCAETS and VCES contain their own definitions of “clean energy underlying payment”.\n\nclean energy bonus has the same meaning as in the Act.\n\nclean energy qualifying payment has the same meaning it has in the Social Security Act 1991.\n\nclean energy underlying payment has the same meaning as in the Act.\n\nCommission means the Repatriation Commission continued in existence by section 179 of the Act.\n\ndisability pension means:\n\n(a) a pension under Part II or IV of the Act (other than a pension that is payable under section 30 of the Act to a dependant of a deceased veteran); or\n\n(b) a pension payable because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child).\n\nmost recent change day means the change day that is closest in time to the day the person’s top‑up payment is being calculated.\n\nmost recent clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person’s clean energy advance eligibility day was the most recent change day.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCA permanent impairment payment means, in relation to a person:\n\n(a) weekly compensation under Part 2 of Chapter 4 of the MRCA that:\n\n(i) is payable to the person; or\n\n(ii) would be payable to the person apart from paragraph 398(3)(b) of the MRCA and the offsetting described in subsection 13(4) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;\n\n(b) lump sum compensation under Part 2 of Chapter 4 of the MRCA.\n\nMRCA Special Rate Disability Pension means compensation payable to a person under Part 6 of Chapter 4 of the MRCA or compensation that would be payable to the person under Part 6 of Chapter 4 of the MRCA apart from section 204 and paragraph 398(3)(b) of the MRCA.\n\n###### MRCA wholly dependent partner payment means the payment payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.\n\nMRCAETS means the Military Rehabilitation and Compensation Act Education and Training Scheme made under subsection 258(1) of the MRCA.\n\nMRCAETS payment means a payment of education allowance under the MRCAETS.\n\nmultiple entitlement exclusion has the same meaning as in subsection 61F(4) of the Act.\n\nnew change day, in relation to a person, means a change day that occurs after the person has previously been eligible for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person was first eligible for a clean energy advance on the change day.\n\nnew clean energy advance period, in relation to a person, means the clean energy advance period that applies to the person from the change day.\n\noriginal change day, in relation to a person, means the first change day for the person.\n\noriginal clean energy advance daily rate, in relation to a person, means the clean energy advance daily rate that was used to calculate the person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment, in relation to a person, means the clean energy advance (advance) originally paid to the person in respect of a clean energy underlying payment, for the clean energy advance period in respect of that advance.\n\noriginal payment start day, in relation to a person’s original payment, means the later of the start of the clean energy advance period for the original payment or the person’s clean energy advance eligibility day.\n\nseniors supplement has the same meaning as in the Act.\n\nservice pension has the same meaning as in the Act.\n\ntop-up payment means a payment calculated under Part 3.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2).\n\nVCES means the Veterans’ Children Education Scheme made under section 117 of the VEA.\n\nVCES payment means a payment of education allowance under the VCES.\n\nVEA means the Veterans’ Entitlements Act 1986.\n\n#### Part 2 When a person is eligible for a top-up payment\n\n#### 4. Eligibility for top-up payment\n\n#### (1) If:\n\n#### (a) the Commonwealth pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or\n\n#### (ii) except for the provisions of a multiple entitlement exclusion the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;\n\n#### the person is eligible for a top-up payment calculated in accordance with Part 3.\n\n#### (2) For the purposes of paragraph 4(1)(b) a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of service pension or seniors supplement and:\n\n#### (i) despite the change in circumstances the person still receives a clean energy underlying payment (excluding disability pension) and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914(4) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914A(5) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives MRCA wholly dependent partner payment in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an ABSTUDY payment in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n  (vi) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n  (vii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (b) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of disability pension and:\n\n#### (i) as a result of the change in circumstances the person commences to receive the disability pension at an above general rate in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### Note: an above general rate of disability pension includes an increase to disability pension that is already higher than the general rate.\n\n#### (ii) as a result of the change in circumstances the person commences to receive a MRCA Special Rate Disability Pension in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of disability pension but commences to receive a MRCA permanent impairment payment in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (c) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of war widow(er) pension and:\n\n#### (i) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### (1) If the person has not previously been eligible for a top-up payment under section 4, the amount of top-up payment is to be calculated in accordance with Method Statement 1:\n\n  ![](image.002.png)![](image.003.png)\n\n#### 6 Top-up payment for subsequent change of circumstances\n\n  (1) If a person has previously been paid a top-up payment calculated in accordance with section 5 and the person has a further change in circumstances any additional top-up is to be calculated in accordance with Method Statement 2:\n  ![](image.004.png)","sortOrder":8},{"sectionNumber":"(2) For the purposes of paragraph 4(1)(b","sectionType":"section","heading":"(2) For the purposes of paragraph 4(1)(b) a person satisfies a top‑up qualifying condition if:","content":"![](image.001.png)\n\nVeterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012\n\n##### Veterans’ Entitlements Act 1986\n\nInstrument 2012 No. R1\n\nThe Repatriation Commission makes this Determination under subsection 61F(1) of the Veterans’ Entitlements Act 1986.\n\nDated this 4th day of April 2012\n\nIan Campbell Shane Carmody Major General Mark Kelly\n\n……………………………………………………………………………………….\n\nIAN CAMPBELL SHANE CARMODY Major General Mark Kelly\n\nPSM AO DSC\n\nPRESIDENT DEPUTY PRESIDENT COMMISSIONER\n\n#### PART 1 PRELIMINARY\n\n1. Name of instrument\n\nThis Determination is the Veterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012.\n\n2. Commencement\n\nThis Determination commences, or is taken to have commenced, on 14 May 2012.\n\n3. Definitions\n\nIn this Determination:\n\nabove general rate, in relation to disability pension, means disability pension paid at a rate greater than the rate specified in subsection 22(3) of the Act and includes where the person is paid a percentage, under subsection 22(2) of the Act, of the rate specified in subsection 22(3) that is increased under section 27 of the Act such that the total exceeds the rate specified in subsection 22(3).\n\nABSTUDY has the same meaning as in the Social Security Act 1991.\n\nABSTUDY Living Allowance means a living allowance under ABSTUDY.\n\nAct means the Veterans’ Entitlements Act 1986.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of clean energy base payment that the person receives.\n\nclean energy advance has the same meaning as in the Act.\n\nclean energy advance daily rate, for a particular clean energy underlying payment, has the meaning it has in section 61D of the Act for that payment.\n\nclean energy advance eligibility day means:\n\n(a) for a person eligible for a clean energy advance because of a determination made under subsection 61A(1) of the Act—the day that determination is made; or\n\n(b) for a person eligible for a clean energy advance because of a determination made under subsection 61A(2) of the Act—the day specified in that determination because of subsection 61A(3) of the Act.\n\nNote: The day specified in the determination because of subsection 61A(3) is the first day during the clean energy advance period for which the person satisfies the eligibility requirements, disregarding any short temporary absence from Australia.\n\nclean energy advance period means:\n\n(a) for a person eligible under subsection 61A(1) of the Act for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013;\n\n(b) for a person eligible under subsection 61A(2) of the Act for a clean energy advance—the period starting on the clean energy advance eligibility day for the person and ending on 19 March 2013.\n\nclean energy base payment means:\n\n-   an ABSTUDY Living Allowance; or\n-   a clean energy qualifying payment; or\n-   a clean energy underlying payment; or\n-   a clean energy underlying payment under the MRCA; or\n-   a clean energy underlying payment under the MRCAETS; or\n-   a clean energy underlying payment under the VCES.\n\nNote: the MRCA, MRCAETS and VCES contain their own definitions of “clean energy underlying payment”.\n\nclean energy bonus has the same meaning as in the Act.\n\nclean energy qualifying payment has the same meaning it has in the Social Security Act 1991.\n\nclean energy underlying payment has the same meaning as in the Act.\n\nCommission means the Repatriation Commission continued in existence by section 179 of the Act.\n\ndisability pension means:\n\n(a) a pension under Part II or IV of the Act (other than a pension that is payable under section 30 of the Act to a dependant of a deceased veteran); or\n\n(b) a pension payable because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child).\n\nmost recent change day means the change day that is closest in time to the day the person’s top‑up payment is being calculated.\n\nmost recent clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person’s clean energy advance eligibility day was the most recent change day.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCA permanent impairment payment means, in relation to a person:\n\n(a) weekly compensation under Part 2 of Chapter 4 of the MRCA that:\n\n(i) is payable to the person; or\n\n(ii) would be payable to the person apart from paragraph 398(3)(b) of the MRCA and the offsetting described in subsection 13(4) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;\n\n(b) lump sum compensation under Part 2 of Chapter 4 of the MRCA.\n\nMRCA Special Rate Disability Pension means compensation payable to a person under Part 6 of Chapter 4 of the MRCA or compensation that would be payable to the person under Part 6 of Chapter 4 of the MRCA apart from section 204 and paragraph 398(3)(b) of the MRCA.\n\n###### MRCA wholly dependent partner payment means the payment payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.\n\nMRCAETS means the Military Rehabilitation and Compensation Act Education and Training Scheme made under subsection 258(1) of the MRCA.\n\nMRCAETS payment means a payment of education allowance under the MRCAETS.\n\nmultiple entitlement exclusion has the same meaning as in subsection 61F(4) of the Act.\n\nnew change day, in relation to a person, means a change day that occurs after the person has previously been eligible for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person was first eligible for a clean energy advance on the change day.\n\nnew clean energy advance period, in relation to a person, means the clean energy advance period that applies to the person from the change day.\n\noriginal change day, in relation to a person, means the first change day for the person.\n\noriginal clean energy advance daily rate, in relation to a person, means the clean energy advance daily rate that was used to calculate the person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment, in relation to a person, means the clean energy advance (advance) originally paid to the person in respect of a clean energy underlying payment, for the clean energy advance period in respect of that advance.\n\noriginal payment start day, in relation to a person’s original payment, means the later of the start of the clean energy advance period for the original payment or the person’s clean energy advance eligibility day.\n\nseniors supplement has the same meaning as in the Act.\n\nservice pension has the same meaning as in the Act.\n\ntop-up payment means a payment calculated under Part 3.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2).\n\nVCES means the Veterans’ Children Education Scheme made under section 117 of the VEA.\n\nVCES payment means a payment of education allowance under the VCES.\n\nVEA means the Veterans’ Entitlements Act 1986.\n\n#### Part 2 When a person is eligible for a top-up payment\n\n#### 4. Eligibility for top-up payment\n\n#### (1) If:\n\n#### (a) the Commonwealth pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or\n\n#### (ii) except for the provisions of a multiple entitlement exclusion the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;\n\n#### the person is eligible for a top-up payment calculated in accordance with Part 3.\n\n#### (2) For the purposes of paragraph 4(1)(b) a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of service pension or seniors supplement and:\n\n#### (i) despite the change in circumstances the person still receives a clean energy underlying payment (excluding disability pension) and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914(4) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914A(5) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives MRCA wholly dependent partner payment in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an ABSTUDY payment in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n  (vi) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n  (vii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (b) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of disability pension and:\n\n#### (i) as a result of the change in circumstances the person commences to receive the disability pension at an above general rate in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### Note: an above general rate of disability pension includes an increase to disability pension that is already higher than the general rate.\n\n#### (ii) as a result of the change in circumstances the person commences to receive a MRCA Special Rate Disability Pension in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of disability pension but commences to receive a MRCA permanent impairment payment in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (c) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of war widow(er) pension and:\n\n#### (i) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### (1) If the person has not previously been eligible for a top-up payment under section 4, the amount of top-up payment is to be calculated in accordance with Method Statement 1:\n\n  ![](image.002.png)![](image.003.png)\n\n#### 6 Top-up payment for subsequent change of circumstances\n\n  (1) If a person has previously been paid a top-up payment calculated in accordance with section 5 and the person has a further change in circumstances any additional top-up is to be calculated in accordance with Method Statement 2:\n  ![](image.004.png)","sortOrder":9},{"sectionNumber":"(a) the person was paid an original paym","sectionType":"section","heading":"(a) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of service pension or seniors supplement and:","content":"![](image.001.png)\n\nVeterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012\n\n##### Veterans’ Entitlements Act 1986\n\nInstrument 2012 No. R1\n\nThe Repatriation Commission makes this Determination under subsection 61F(1) of the Veterans’ Entitlements Act 1986.\n\nDated this 4th day of April 2012\n\nIan Campbell Shane Carmody Major General Mark Kelly\n\n……………………………………………………………………………………….\n\nIAN CAMPBELL SHANE CARMODY Major General Mark Kelly\n\nPSM AO DSC\n\nPRESIDENT DEPUTY PRESIDENT COMMISSIONER\n\n#### PART 1 PRELIMINARY\n\n1. Name of instrument\n\nThis Determination is the Veterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012.\n\n2. Commencement\n\nThis Determination commences, or is taken to have commenced, on 14 May 2012.\n\n3. Definitions\n\nIn this Determination:\n\nabove general rate, in relation to disability pension, means disability pension paid at a rate greater than the rate specified in subsection 22(3) of the Act and includes where the person is paid a percentage, under subsection 22(2) of the Act, of the rate specified in subsection 22(3) that is increased under section 27 of the Act such that the total exceeds the rate specified in subsection 22(3).\n\nABSTUDY has the same meaning as in the Social Security Act 1991.\n\nABSTUDY Living Allowance means a living allowance under ABSTUDY.\n\nAct means the Veterans’ Entitlements Act 1986.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of clean energy base payment that the person receives.\n\nclean energy advance has the same meaning as in the Act.\n\nclean energy advance daily rate, for a particular clean energy underlying payment, has the meaning it has in section 61D of the Act for that payment.\n\nclean energy advance eligibility day means:\n\n(a) for a person eligible for a clean energy advance because of a determination made under subsection 61A(1) of the Act—the day that determination is made; or\n\n(b) for a person eligible for a clean energy advance because of a determination made under subsection 61A(2) of the Act—the day specified in that determination because of subsection 61A(3) of the Act.\n\nNote: The day specified in the determination because of subsection 61A(3) is the first day during the clean energy advance period for which the person satisfies the eligibility requirements, disregarding any short temporary absence from Australia.\n\nclean energy advance period means:\n\n(a) for a person eligible under subsection 61A(1) of the Act for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013;\n\n(b) for a person eligible under subsection 61A(2) of the Act for a clean energy advance—the period starting on the clean energy advance eligibility day for the person and ending on 19 March 2013.\n\nclean energy base payment means:\n\n-   an ABSTUDY Living Allowance; or\n-   a clean energy qualifying payment; or\n-   a clean energy underlying payment; or\n-   a clean energy underlying payment under the MRCA; or\n-   a clean energy underlying payment under the MRCAETS; or\n-   a clean energy underlying payment under the VCES.\n\nNote: the MRCA, MRCAETS and VCES contain their own definitions of “clean energy underlying payment”.\n\nclean energy bonus has the same meaning as in the Act.\n\nclean energy qualifying payment has the same meaning it has in the Social Security Act 1991.\n\nclean energy underlying payment has the same meaning as in the Act.\n\nCommission means the Repatriation Commission continued in existence by section 179 of the Act.\n\ndisability pension means:\n\n(a) a pension under Part II or IV of the Act (other than a pension that is payable under section 30 of the Act to a dependant of a deceased veteran); or\n\n(b) a pension payable because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child).\n\nmost recent change day means the change day that is closest in time to the day the person’s top‑up payment is being calculated.\n\nmost recent clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person’s clean energy advance eligibility day was the most recent change day.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCA permanent impairment payment means, in relation to a person:\n\n(a) weekly compensation under Part 2 of Chapter 4 of the MRCA that:\n\n(i) is payable to the person; or\n\n(ii) would be payable to the person apart from paragraph 398(3)(b) of the MRCA and the offsetting described in subsection 13(4) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;\n\n(b) lump sum compensation under Part 2 of Chapter 4 of the MRCA.\n\nMRCA Special Rate Disability Pension means compensation payable to a person under Part 6 of Chapter 4 of the MRCA or compensation that would be payable to the person under Part 6 of Chapter 4 of the MRCA apart from section 204 and paragraph 398(3)(b) of the MRCA.\n\n###### MRCA wholly dependent partner payment means the payment payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.\n\nMRCAETS means the Military Rehabilitation and Compensation Act Education and Training Scheme made under subsection 258(1) of the MRCA.\n\nMRCAETS payment means a payment of education allowance under the MRCAETS.\n\nmultiple entitlement exclusion has the same meaning as in subsection 61F(4) of the Act.\n\nnew change day, in relation to a person, means a change day that occurs after the person has previously been eligible for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person was first eligible for a clean energy advance on the change day.\n\nnew clean energy advance period, in relation to a person, means the clean energy advance period that applies to the person from the change day.\n\noriginal change day, in relation to a person, means the first change day for the person.\n\noriginal clean energy advance daily rate, in relation to a person, means the clean energy advance daily rate that was used to calculate the person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment, in relation to a person, means the clean energy advance (advance) originally paid to the person in respect of a clean energy underlying payment, for the clean energy advance period in respect of that advance.\n\noriginal payment start day, in relation to a person’s original payment, means the later of the start of the clean energy advance period for the original payment or the person’s clean energy advance eligibility day.\n\nseniors supplement has the same meaning as in the Act.\n\nservice pension has the same meaning as in the Act.\n\ntop-up payment means a payment calculated under Part 3.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2).\n\nVCES means the Veterans’ Children Education Scheme made under section 117 of the VEA.\n\nVCES payment means a payment of education allowance under the VCES.\n\nVEA means the Veterans’ Entitlements Act 1986.\n\n#### Part 2 When a person is eligible for a top-up payment\n\n#### 4. Eligibility for top-up payment\n\n#### (1) If:\n\n#### (a) the Commonwealth pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or\n\n#### (ii) except for the provisions of a multiple entitlement exclusion the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;\n\n#### the person is eligible for a top-up payment calculated in accordance with Part 3.\n\n#### (2) For the purposes of paragraph 4(1)(b) a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of service pension or seniors supplement and:\n\n#### (i) despite the change in circumstances the person still receives a clean energy underlying payment (excluding disability pension) and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914(4) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914A(5) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives MRCA wholly dependent partner payment in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an ABSTUDY payment in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n  (vi) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n  (vii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (b) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of disability pension and:\n\n#### (i) as a result of the change in circumstances the person commences to receive the disability pension at an above general rate in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### Note: an above general rate of disability pension includes an increase to disability pension that is already higher than the general rate.\n\n#### (ii) as a result of the change in circumstances the person commences to receive a MRCA Special Rate Disability Pension in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of disability pension but commences to receive a MRCA permanent impairment payment in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (c) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of war widow(er) pension and:\n\n#### (i) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### (1) If the person has not previously been eligible for a top-up payment under section 4, the amount of top-up payment is to be calculated in accordance with Method Statement 1:\n\n  ![](image.002.png)![](image.003.png)\n\n#### 6 Top-up payment for subsequent change of circumstances\n\n  (1) If a person has previously been paid a top-up payment calculated in accordance with section 5 and the person has a further change in circumstances any additional top-up is to be calculated in accordance with Method Statement 2:\n  ![](image.004.png)","sortOrder":10},{"sectionNumber":"(i) despite the change in circumstances ","sectionType":"section","heading":"(i) despite the change in circumstances the person still receives a clean energy underlying payment (excluding disability pension) and the change of circumstances occurs before 20 March 2013; or","content":"![](image.001.png)\n\nVeterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012\n\n##### Veterans’ Entitlements Act 1986\n\nInstrument 2012 No. R1\n\nThe Repatriation Commission makes this Determination under subsection 61F(1) of the Veterans’ Entitlements Act 1986.\n\nDated this 4th day of April 2012\n\nIan Campbell Shane Carmody Major General Mark Kelly\n\n……………………………………………………………………………………….\n\nIAN CAMPBELL SHANE CARMODY Major General Mark Kelly\n\nPSM AO DSC\n\nPRESIDENT DEPUTY PRESIDENT COMMISSIONER\n\n#### PART 1 PRELIMINARY\n\n1. Name of instrument\n\nThis Determination is the Veterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012.\n\n2. Commencement\n\nThis Determination commences, or is taken to have commenced, on 14 May 2012.\n\n3. Definitions\n\nIn this Determination:\n\nabove general rate, in relation to disability pension, means disability pension paid at a rate greater than the rate specified in subsection 22(3) of the Act and includes where the person is paid a percentage, under subsection 22(2) of the Act, of the rate specified in subsection 22(3) that is increased under section 27 of the Act such that the total exceeds the rate specified in subsection 22(3).\n\nABSTUDY has the same meaning as in the Social Security Act 1991.\n\nABSTUDY Living Allowance means a living allowance under ABSTUDY.\n\nAct means the Veterans’ Entitlements Act 1986.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of clean energy base payment that the person receives.\n\nclean energy advance has the same meaning as in the Act.\n\nclean energy advance daily rate, for a particular clean energy underlying payment, has the meaning it has in section 61D of the Act for that payment.\n\nclean energy advance eligibility day means:\n\n(a) for a person eligible for a clean energy advance because of a determination made under subsection 61A(1) of the Act—the day that determination is made; or\n\n(b) for a person eligible for a clean energy advance because of a determination made under subsection 61A(2) of the Act—the day specified in that determination because of subsection 61A(3) of the Act.\n\nNote: The day specified in the determination because of subsection 61A(3) is the first day during the clean energy advance period for which the person satisfies the eligibility requirements, disregarding any short temporary absence from Australia.\n\nclean energy advance period means:\n\n(a) for a person eligible under subsection 61A(1) of the Act for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013;\n\n(b) for a person eligible under subsection 61A(2) of the Act for a clean energy advance—the period starting on the clean energy advance eligibility day for the person and ending on 19 March 2013.\n\nclean energy base payment means:\n\n-   an ABSTUDY Living Allowance; or\n-   a clean energy qualifying payment; or\n-   a clean energy underlying payment; or\n-   a clean energy underlying payment under the MRCA; or\n-   a clean energy underlying payment under the MRCAETS; or\n-   a clean energy underlying payment under the VCES.\n\nNote: the MRCA, MRCAETS and VCES contain their own definitions of “clean energy underlying payment”.\n\nclean energy bonus has the same meaning as in the Act.\n\nclean energy qualifying payment has the same meaning it has in the Social Security Act 1991.\n\nclean energy underlying payment has the same meaning as in the Act.\n\nCommission means the Repatriation Commission continued in existence by section 179 of the Act.\n\ndisability pension means:\n\n(a) a pension under Part II or IV of the Act (other than a pension that is payable under section 30 of the Act to a dependant of a deceased veteran); or\n\n(b) a pension payable because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child).\n\nmost recent change day means the change day that is closest in time to the day the person’s top‑up payment is being calculated.\n\nmost recent clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person’s clean energy advance eligibility day was the most recent change day.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCA permanent impairment payment means, in relation to a person:\n\n(a) weekly compensation under Part 2 of Chapter 4 of the MRCA that:\n\n(i) is payable to the person; or\n\n(ii) would be payable to the person apart from paragraph 398(3)(b) of the MRCA and the offsetting described in subsection 13(4) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;\n\n(b) lump sum compensation under Part 2 of Chapter 4 of the MRCA.\n\nMRCA Special Rate Disability Pension means compensation payable to a person under Part 6 of Chapter 4 of the MRCA or compensation that would be payable to the person under Part 6 of Chapter 4 of the MRCA apart from section 204 and paragraph 398(3)(b) of the MRCA.\n\n###### MRCA wholly dependent partner payment means the payment payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.\n\nMRCAETS means the Military Rehabilitation and Compensation Act Education and Training Scheme made under subsection 258(1) of the MRCA.\n\nMRCAETS payment means a payment of education allowance under the MRCAETS.\n\nmultiple entitlement exclusion has the same meaning as in subsection 61F(4) of the Act.\n\nnew change day, in relation to a person, means a change day that occurs after the person has previously been eligible for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person was first eligible for a clean energy advance on the change day.\n\nnew clean energy advance period, in relation to a person, means the clean energy advance period that applies to the person from the change day.\n\noriginal change day, in relation to a person, means the first change day for the person.\n\noriginal clean energy advance daily rate, in relation to a person, means the clean energy advance daily rate that was used to calculate the person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment, in relation to a person, means the clean energy advance (advance) originally paid to the person in respect of a clean energy underlying payment, for the clean energy advance period in respect of that advance.\n\noriginal payment start day, in relation to a person’s original payment, means the later of the start of the clean energy advance period for the original payment or the person’s clean energy advance eligibility day.\n\nseniors supplement has the same meaning as in the Act.\n\nservice pension has the same meaning as in the Act.\n\ntop-up payment means a payment calculated under Part 3.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2).\n\nVCES means the Veterans’ Children Education Scheme made under section 117 of the VEA.\n\nVCES payment means a payment of education allowance under the VCES.\n\nVEA means the Veterans’ Entitlements Act 1986.\n\n#### Part 2 When a person is eligible for a top-up payment\n\n#### 4. Eligibility for top-up payment\n\n#### (1) If:\n\n#### (a) the Commonwealth pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or\n\n#### (ii) except for the provisions of a multiple entitlement exclusion the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;\n\n#### the person is eligible for a top-up payment calculated in accordance with Part 3.\n\n#### (2) For the purposes of paragraph 4(1)(b) a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of service pension or seniors supplement and:\n\n#### (i) despite the change in circumstances the person still receives a clean energy underlying payment (excluding disability pension) and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914(4) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914A(5) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives MRCA wholly dependent partner payment in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an ABSTUDY payment in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n  (vi) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n  (vii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (b) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of disability pension and:\n\n#### (i) as a result of the change in circumstances the person commences to receive the disability pension at an above general rate in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### Note: an above general rate of disability pension includes an increase to disability pension that is already higher than the general rate.\n\n#### (ii) as a result of the change in circumstances the person commences to receive a MRCA Special Rate Disability Pension in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of disability pension but commences to receive a MRCA permanent impairment payment in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (c) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of war widow(er) pension and:\n\n#### (i) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### (1) If the person has not previously been eligible for a top-up payment under section 4, the amount of top-up payment is to be calculated in accordance with Method Statement 1:\n\n  ![](image.002.png)![](image.003.png)\n\n#### 6 Top-up payment for subsequent change of circumstances\n\n  (1) If a person has previously been paid a top-up payment calculated in accordance with section 5 and the person has a further change in circumstances any additional top-up is to be calculated in accordance with Method Statement 2:\n  ![](image.004.png)","sortOrder":11},{"sectionNumber":"(ii) as a result of the change in circum","sectionType":"section","heading":"(ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914(4) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 20 March 2013; or","content":"![](image.001.png)\n\nVeterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012\n\n##### Veterans’ Entitlements Act 1986\n\nInstrument 2012 No. R1\n\nThe Repatriation Commission makes this Determination under subsection 61F(1) of the Veterans’ Entitlements Act 1986.\n\nDated this 4th day of April 2012\n\nIan Campbell Shane Carmody Major General Mark Kelly\n\n……………………………………………………………………………………….\n\nIAN CAMPBELL SHANE CARMODY Major General Mark Kelly\n\nPSM AO DSC\n\nPRESIDENT DEPUTY PRESIDENT COMMISSIONER\n\n#### PART 1 PRELIMINARY\n\n1. Name of instrument\n\nThis Determination is the Veterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012.\n\n2. Commencement\n\nThis Determination commences, or is taken to have commenced, on 14 May 2012.\n\n3. Definitions\n\nIn this Determination:\n\nabove general rate, in relation to disability pension, means disability pension paid at a rate greater than the rate specified in subsection 22(3) of the Act and includes where the person is paid a percentage, under subsection 22(2) of the Act, of the rate specified in subsection 22(3) that is increased under section 27 of the Act such that the total exceeds the rate specified in subsection 22(3).\n\nABSTUDY has the same meaning as in the Social Security Act 1991.\n\nABSTUDY Living Allowance means a living allowance under ABSTUDY.\n\nAct means the Veterans’ Entitlements Act 1986.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of clean energy base payment that the person receives.\n\nclean energy advance has the same meaning as in the Act.\n\nclean energy advance daily rate, for a particular clean energy underlying payment, has the meaning it has in section 61D of the Act for that payment.\n\nclean energy advance eligibility day means:\n\n(a) for a person eligible for a clean energy advance because of a determination made under subsection 61A(1) of the Act—the day that determination is made; or\n\n(b) for a person eligible for a clean energy advance because of a determination made under subsection 61A(2) of the Act—the day specified in that determination because of subsection 61A(3) of the Act.\n\nNote: The day specified in the determination because of subsection 61A(3) is the first day during the clean energy advance period for which the person satisfies the eligibility requirements, disregarding any short temporary absence from Australia.\n\nclean energy advance period means:\n\n(a) for a person eligible under subsection 61A(1) of the Act for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013;\n\n(b) for a person eligible under subsection 61A(2) of the Act for a clean energy advance—the period starting on the clean energy advance eligibility day for the person and ending on 19 March 2013.\n\nclean energy base payment means:\n\n-   an ABSTUDY Living Allowance; or\n-   a clean energy qualifying payment; or\n-   a clean energy underlying payment; or\n-   a clean energy underlying payment under the MRCA; or\n-   a clean energy underlying payment under the MRCAETS; or\n-   a clean energy underlying payment under the VCES.\n\nNote: the MRCA, MRCAETS and VCES contain their own definitions of “clean energy underlying payment”.\n\nclean energy bonus has the same meaning as in the Act.\n\nclean energy qualifying payment has the same meaning it has in the Social Security Act 1991.\n\nclean energy underlying payment has the same meaning as in the Act.\n\nCommission means the Repatriation Commission continued in existence by section 179 of the Act.\n\ndisability pension means:\n\n(a) a pension under Part II or IV of the Act (other than a pension that is payable under section 30 of the Act to a dependant of a deceased veteran); or\n\n(b) a pension payable because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child).\n\nmost recent change day means the change day that is closest in time to the day the person’s top‑up payment is being calculated.\n\nmost recent clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person’s clean energy advance eligibility day was the most recent change day.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCA permanent impairment payment means, in relation to a person:\n\n(a) weekly compensation under Part 2 of Chapter 4 of the MRCA that:\n\n(i) is payable to the person; or\n\n(ii) would be payable to the person apart from paragraph 398(3)(b) of the MRCA and the offsetting described in subsection 13(4) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;\n\n(b) lump sum compensation under Part 2 of Chapter 4 of the MRCA.\n\nMRCA Special Rate Disability Pension means compensation payable to a person under Part 6 of Chapter 4 of the MRCA or compensation that would be payable to the person under Part 6 of Chapter 4 of the MRCA apart from section 204 and paragraph 398(3)(b) of the MRCA.\n\n###### MRCA wholly dependent partner payment means the payment payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.\n\nMRCAETS means the Military Rehabilitation and Compensation Act Education and Training Scheme made under subsection 258(1) of the MRCA.\n\nMRCAETS payment means a payment of education allowance under the MRCAETS.\n\nmultiple entitlement exclusion has the same meaning as in subsection 61F(4) of the Act.\n\nnew change day, in relation to a person, means a change day that occurs after the person has previously been eligible for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person was first eligible for a clean energy advance on the change day.\n\nnew clean energy advance period, in relation to a person, means the clean energy advance period that applies to the person from the change day.\n\noriginal change day, in relation to a person, means the first change day for the person.\n\noriginal clean energy advance daily rate, in relation to a person, means the clean energy advance daily rate that was used to calculate the person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment, in relation to a person, means the clean energy advance (advance) originally paid to the person in respect of a clean energy underlying payment, for the clean energy advance period in respect of that advance.\n\noriginal payment start day, in relation to a person’s original payment, means the later of the start of the clean energy advance period for the original payment or the person’s clean energy advance eligibility day.\n\nseniors supplement has the same meaning as in the Act.\n\nservice pension has the same meaning as in the Act.\n\ntop-up payment means a payment calculated under Part 3.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2).\n\nVCES means the Veterans’ Children Education Scheme made under section 117 of the VEA.\n\nVCES payment means a payment of education allowance under the VCES.\n\nVEA means the Veterans’ Entitlements Act 1986.\n\n#### Part 2 When a person is eligible for a top-up payment\n\n#### 4. Eligibility for top-up payment\n\n#### (1) If:\n\n#### (a) the Commonwealth pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or\n\n#### (ii) except for the provisions of a multiple entitlement exclusion the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;\n\n#### the person is eligible for a top-up payment calculated in accordance with Part 3.\n\n#### (2) For the purposes of paragraph 4(1)(b) a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of service pension or seniors supplement and:\n\n#### (i) despite the change in circumstances the person still receives a clean energy underlying payment (excluding disability pension) and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914(4) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914A(5) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives MRCA wholly dependent partner payment in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an ABSTUDY payment in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n  (vi) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n  (vii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (b) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of disability pension and:\n\n#### (i) as a result of the change in circumstances the person commences to receive the disability pension at an above general rate in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### Note: an above general rate of disability pension includes an increase to disability pension that is already higher than the general rate.\n\n#### (ii) as a result of the change in circumstances the person commences to receive a MRCA Special Rate Disability Pension in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of disability pension but commences to receive a MRCA permanent impairment payment in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (c) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of war widow(er) pension and:\n\n#### (i) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### (1) If the person has not previously been eligible for a top-up payment under section 4, the amount of top-up payment is to be calculated in accordance with Method Statement 1:\n\n  ![](image.002.png)![](image.003.png)\n\n#### 6 Top-up payment for subsequent change of circumstances\n\n  (1) If a person has previously been paid a top-up payment calculated in accordance with section 5 and the person has a further change in circumstances any additional top-up is to be calculated in accordance with Method Statement 2:\n  ![](image.004.png)","sortOrder":12},{"sectionNumber":"(iii) as a result of the change in circu","sectionType":"section","heading":"(iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914A(5) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 1 July 2013; or","content":"![](image.001.png)\n\nVeterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012\n\n##### Veterans’ Entitlements Act 1986\n\nInstrument 2012 No. R1\n\nThe Repatriation Commission makes this Determination under subsection 61F(1) of the Veterans’ Entitlements Act 1986.\n\nDated this 4th day of April 2012\n\nIan Campbell Shane Carmody Major General Mark Kelly\n\n……………………………………………………………………………………….\n\nIAN CAMPBELL SHANE CARMODY Major General Mark Kelly\n\nPSM AO DSC\n\nPRESIDENT DEPUTY PRESIDENT COMMISSIONER\n\n#### PART 1 PRELIMINARY\n\n1. Name of instrument\n\nThis Determination is the Veterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012.\n\n2. Commencement\n\nThis Determination commences, or is taken to have commenced, on 14 May 2012.\n\n3. Definitions\n\nIn this Determination:\n\nabove general rate, in relation to disability pension, means disability pension paid at a rate greater than the rate specified in subsection 22(3) of the Act and includes where the person is paid a percentage, under subsection 22(2) of the Act, of the rate specified in subsection 22(3) that is increased under section 27 of the Act such that the total exceeds the rate specified in subsection 22(3).\n\nABSTUDY has the same meaning as in the Social Security Act 1991.\n\nABSTUDY Living Allowance means a living allowance under ABSTUDY.\n\nAct means the Veterans’ Entitlements Act 1986.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of clean energy base payment that the person receives.\n\nclean energy advance has the same meaning as in the Act.\n\nclean energy advance daily rate, for a particular clean energy underlying payment, has the meaning it has in section 61D of the Act for that payment.\n\nclean energy advance eligibility day means:\n\n(a) for a person eligible for a clean energy advance because of a determination made under subsection 61A(1) of the Act—the day that determination is made; or\n\n(b) for a person eligible for a clean energy advance because of a determination made under subsection 61A(2) of the Act—the day specified in that determination because of subsection 61A(3) of the Act.\n\nNote: The day specified in the determination because of subsection 61A(3) is the first day during the clean energy advance period for which the person satisfies the eligibility requirements, disregarding any short temporary absence from Australia.\n\nclean energy advance period means:\n\n(a) for a person eligible under subsection 61A(1) of the Act for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013;\n\n(b) for a person eligible under subsection 61A(2) of the Act for a clean energy advance—the period starting on the clean energy advance eligibility day for the person and ending on 19 March 2013.\n\nclean energy base payment means:\n\n-   an ABSTUDY Living Allowance; or\n-   a clean energy qualifying payment; or\n-   a clean energy underlying payment; or\n-   a clean energy underlying payment under the MRCA; or\n-   a clean energy underlying payment under the MRCAETS; or\n-   a clean energy underlying payment under the VCES.\n\nNote: the MRCA, MRCAETS and VCES contain their own definitions of “clean energy underlying payment”.\n\nclean energy bonus has the same meaning as in the Act.\n\nclean energy qualifying payment has the same meaning it has in the Social Security Act 1991.\n\nclean energy underlying payment has the same meaning as in the Act.\n\nCommission means the Repatriation Commission continued in existence by section 179 of the Act.\n\ndisability pension means:\n\n(a) a pension under Part II or IV of the Act (other than a pension that is payable under section 30 of the Act to a dependant of a deceased veteran); or\n\n(b) a pension payable because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child).\n\nmost recent change day means the change day that is closest in time to the day the person’s top‑up payment is being calculated.\n\nmost recent clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person’s clean energy advance eligibility day was the most recent change day.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCA permanent impairment payment means, in relation to a person:\n\n(a) weekly compensation under Part 2 of Chapter 4 of the MRCA that:\n\n(i) is payable to the person; or\n\n(ii) would be payable to the person apart from paragraph 398(3)(b) of the MRCA and the offsetting described in subsection 13(4) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;\n\n(b) lump sum compensation under Part 2 of Chapter 4 of the MRCA.\n\nMRCA Special Rate Disability Pension means compensation payable to a person under Part 6 of Chapter 4 of the MRCA or compensation that would be payable to the person under Part 6 of Chapter 4 of the MRCA apart from section 204 and paragraph 398(3)(b) of the MRCA.\n\n###### MRCA wholly dependent partner payment means the payment payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.\n\nMRCAETS means the Military Rehabilitation and Compensation Act Education and Training Scheme made under subsection 258(1) of the MRCA.\n\nMRCAETS payment means a payment of education allowance under the MRCAETS.\n\nmultiple entitlement exclusion has the same meaning as in subsection 61F(4) of the Act.\n\nnew change day, in relation to a person, means a change day that occurs after the person has previously been eligible for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person was first eligible for a clean energy advance on the change day.\n\nnew clean energy advance period, in relation to a person, means the clean energy advance period that applies to the person from the change day.\n\noriginal change day, in relation to a person, means the first change day for the person.\n\noriginal clean energy advance daily rate, in relation to a person, means the clean energy advance daily rate that was used to calculate the person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment, in relation to a person, means the clean energy advance (advance) originally paid to the person in respect of a clean energy underlying payment, for the clean energy advance period in respect of that advance.\n\noriginal payment start day, in relation to a person’s original payment, means the later of the start of the clean energy advance period for the original payment or the person’s clean energy advance eligibility day.\n\nseniors supplement has the same meaning as in the Act.\n\nservice pension has the same meaning as in the Act.\n\ntop-up payment means a payment calculated under Part 3.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2).\n\nVCES means the Veterans’ Children Education Scheme made under section 117 of the VEA.\n\nVCES payment means a payment of education allowance under the VCES.\n\nVEA means the Veterans’ Entitlements Act 1986.\n\n#### Part 2 When a person is eligible for a top-up payment\n\n#### 4. Eligibility for top-up payment\n\n#### (1) If:\n\n#### (a) the Commonwealth pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or\n\n#### (ii) except for the provisions of a multiple entitlement exclusion the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;\n\n#### the person is eligible for a top-up payment calculated in accordance with Part 3.\n\n#### (2) For the purposes of paragraph 4(1)(b) a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of service pension or seniors supplement and:\n\n#### (i) despite the change in circumstances the person still receives a clean energy underlying payment (excluding disability pension) and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914(4) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914A(5) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives MRCA wholly dependent partner payment in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an ABSTUDY payment in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n  (vi) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n  (vii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (b) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of disability pension and:\n\n#### (i) as a result of the change in circumstances the person commences to receive the disability pension at an above general rate in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### Note: an above general rate of disability pension includes an increase to disability pension that is already higher than the general rate.\n\n#### (ii) as a result of the change in circumstances the person commences to receive a MRCA Special Rate Disability Pension in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of disability pension but commences to receive a MRCA permanent impairment payment in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (c) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of war widow(er) pension and:\n\n#### (i) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### (1) If the person has not previously been eligible for a top-up payment under section 4, the amount of top-up payment is to be calculated in accordance with Method Statement 1:\n\n  ![](image.002.png)![](image.003.png)\n\n#### 6 Top-up payment for subsequent change of circumstances\n\n  (1) If a person has previously been paid a top-up payment calculated in accordance with section 5 and the person has a further change in circumstances any additional top-up is to be calculated in accordance with Method Statement 2:\n  ![](image.004.png)","sortOrder":13},{"sectionNumber":"(iv) as a result of the change in circum","sectionType":"section","heading":"(iv) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives MRCA wholly dependent partner payment in relation to the change day and the change of circumstances occurs before 20 March 2013; or","content":"![](image.001.png)\n\nVeterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012\n\n##### Veterans’ Entitlements Act 1986\n\nInstrument 2012 No. R1\n\nThe Repatriation Commission makes this Determination under subsection 61F(1) of the Veterans’ Entitlements Act 1986.\n\nDated this 4th day of April 2012\n\nIan Campbell Shane Carmody Major General Mark Kelly\n\n……………………………………………………………………………………….\n\nIAN CAMPBELL SHANE CARMODY Major General Mark Kelly\n\nPSM AO DSC\n\nPRESIDENT DEPUTY PRESIDENT COMMISSIONER\n\n#### PART 1 PRELIMINARY\n\n1. Name of instrument\n\nThis Determination is the Veterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012.\n\n2. Commencement\n\nThis Determination commences, or is taken to have commenced, on 14 May 2012.\n\n3. Definitions\n\nIn this Determination:\n\nabove general rate, in relation to disability pension, means disability pension paid at a rate greater than the rate specified in subsection 22(3) of the Act and includes where the person is paid a percentage, under subsection 22(2) of the Act, of the rate specified in subsection 22(3) that is increased under section 27 of the Act such that the total exceeds the rate specified in subsection 22(3).\n\nABSTUDY has the same meaning as in the Social Security Act 1991.\n\nABSTUDY Living Allowance means a living allowance under ABSTUDY.\n\nAct means the Veterans’ Entitlements Act 1986.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of clean energy base payment that the person receives.\n\nclean energy advance has the same meaning as in the Act.\n\nclean energy advance daily rate, for a particular clean energy underlying payment, has the meaning it has in section 61D of the Act for that payment.\n\nclean energy advance eligibility day means:\n\n(a) for a person eligible for a clean energy advance because of a determination made under subsection 61A(1) of the Act—the day that determination is made; or\n\n(b) for a person eligible for a clean energy advance because of a determination made under subsection 61A(2) of the Act—the day specified in that determination because of subsection 61A(3) of the Act.\n\nNote: The day specified in the determination because of subsection 61A(3) is the first day during the clean energy advance period for which the person satisfies the eligibility requirements, disregarding any short temporary absence from Australia.\n\nclean energy advance period means:\n\n(a) for a person eligible under subsection 61A(1) of the Act for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013;\n\n(b) for a person eligible under subsection 61A(2) of the Act for a clean energy advance—the period starting on the clean energy advance eligibility day for the person and ending on 19 March 2013.\n\nclean energy base payment means:\n\n-   an ABSTUDY Living Allowance; or\n-   a clean energy qualifying payment; or\n-   a clean energy underlying payment; or\n-   a clean energy underlying payment under the MRCA; or\n-   a clean energy underlying payment under the MRCAETS; or\n-   a clean energy underlying payment under the VCES.\n\nNote: the MRCA, MRCAETS and VCES contain their own definitions of “clean energy underlying payment”.\n\nclean energy bonus has the same meaning as in the Act.\n\nclean energy qualifying payment has the same meaning it has in the Social Security Act 1991.\n\nclean energy underlying payment has the same meaning as in the Act.\n\nCommission means the Repatriation Commission continued in existence by section 179 of the Act.\n\ndisability pension means:\n\n(a) a pension under Part II or IV of the Act (other than a pension that is payable under section 30 of the Act to a dependant of a deceased veteran); or\n\n(b) a pension payable because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child).\n\nmost recent change day means the change day that is closest in time to the day the person’s top‑up payment is being calculated.\n\nmost recent clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person’s clean energy advance eligibility day was the most recent change day.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCA permanent impairment payment means, in relation to a person:\n\n(a) weekly compensation under Part 2 of Chapter 4 of the MRCA that:\n\n(i) is payable to the person; or\n\n(ii) would be payable to the person apart from paragraph 398(3)(b) of the MRCA and the offsetting described in subsection 13(4) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;\n\n(b) lump sum compensation under Part 2 of Chapter 4 of the MRCA.\n\nMRCA Special Rate Disability Pension means compensation payable to a person under Part 6 of Chapter 4 of the MRCA or compensation that would be payable to the person under Part 6 of Chapter 4 of the MRCA apart from section 204 and paragraph 398(3)(b) of the MRCA.\n\n###### MRCA wholly dependent partner payment means the payment payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.\n\nMRCAETS means the Military Rehabilitation and Compensation Act Education and Training Scheme made under subsection 258(1) of the MRCA.\n\nMRCAETS payment means a payment of education allowance under the MRCAETS.\n\nmultiple entitlement exclusion has the same meaning as in subsection 61F(4) of the Act.\n\nnew change day, in relation to a person, means a change day that occurs after the person has previously been eligible for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person was first eligible for a clean energy advance on the change day.\n\nnew clean energy advance period, in relation to a person, means the clean energy advance period that applies to the person from the change day.\n\noriginal change day, in relation to a person, means the first change day for the person.\n\noriginal clean energy advance daily rate, in relation to a person, means the clean energy advance daily rate that was used to calculate the person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment, in relation to a person, means the clean energy advance (advance) originally paid to the person in respect of a clean energy underlying payment, for the clean energy advance period in respect of that advance.\n\noriginal payment start day, in relation to a person’s original payment, means the later of the start of the clean energy advance period for the original payment or the person’s clean energy advance eligibility day.\n\nseniors supplement has the same meaning as in the Act.\n\nservice pension has the same meaning as in the Act.\n\ntop-up payment means a payment calculated under Part 3.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2).\n\nVCES means the Veterans’ Children Education Scheme made under section 117 of the VEA.\n\nVCES payment means a payment of education allowance under the VCES.\n\nVEA means the Veterans’ Entitlements Act 1986.\n\n#### Part 2 When a person is eligible for a top-up payment\n\n#### 4. Eligibility for top-up payment\n\n#### (1) If:\n\n#### (a) the Commonwealth pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or\n\n#### (ii) except for the provisions of a multiple entitlement exclusion the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;\n\n#### the person is eligible for a top-up payment calculated in accordance with Part 3.\n\n#### (2) For the purposes of paragraph 4(1)(b) a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of service pension or seniors supplement and:\n\n#### (i) despite the change in circumstances the person still receives a clean energy underlying payment (excluding disability pension) and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914(4) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914A(5) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives MRCA wholly dependent partner payment in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an ABSTUDY payment in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n  (vi) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n  (vii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (b) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of disability pension and:\n\n#### (i) as a result of the change in circumstances the person commences to receive the disability pension at an above general rate in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### Note: an above general rate of disability pension includes an increase to disability pension that is already higher than the general rate.\n\n#### (ii) as a result of the change in circumstances the person commences to receive a MRCA Special Rate Disability Pension in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of disability pension but commences to receive a MRCA permanent impairment payment in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (c) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of war widow(er) pension and:\n\n#### (i) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### (1) If the person has not previously been eligible for a top-up payment under section 4, the amount of top-up payment is to be calculated in accordance with Method Statement 1:\n\n  ![](image.002.png)![](image.003.png)\n\n#### 6 Top-up payment for subsequent change of circumstances\n\n  (1) If a person has previously been paid a top-up payment calculated in accordance with section 5 and the person has a further change in circumstances any additional top-up is to be calculated in accordance with Method Statement 2:\n  ![](image.004.png)","sortOrder":14},{"sectionNumber":"(v) as a result of the change in circums","sectionType":"section","heading":"(v) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an ABSTUDY payment in relation to the change day and the change of circumstances occurs before 1 July 2013; or","content":"#### (v) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an ABSTUDY payment in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n  (vi) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n  (vii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.","sortOrder":15},{"sectionNumber":"(b) the person was paid an original paym","sectionType":"section","heading":"(b) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of disability pension and:","content":"![](image.001.png)\n\nVeterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012\n\n##### Veterans’ Entitlements Act 1986\n\nInstrument 2012 No. R1\n\nThe Repatriation Commission makes this Determination under subsection 61F(1) of the Veterans’ Entitlements Act 1986.\n\nDated this 4th day of April 2012\n\nIan Campbell Shane Carmody Major General Mark Kelly\n\n……………………………………………………………………………………….\n\nIAN CAMPBELL SHANE CARMODY Major General Mark Kelly\n\nPSM AO DSC\n\nPRESIDENT DEPUTY PRESIDENT COMMISSIONER\n\n#### PART 1 PRELIMINARY\n\n1. Name of instrument\n\nThis Determination is the Veterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012.\n\n2. Commencement\n\nThis Determination commences, or is taken to have commenced, on 14 May 2012.\n\n3. Definitions\n\nIn this Determination:\n\nabove general rate, in relation to disability pension, means disability pension paid at a rate greater than the rate specified in subsection 22(3) of the Act and includes where the person is paid a percentage, under subsection 22(2) of the Act, of the rate specified in subsection 22(3) that is increased under section 27 of the Act such that the total exceeds the rate specified in subsection 22(3).\n\nABSTUDY has the same meaning as in the Social Security Act 1991.\n\nABSTUDY Living Allowance means a living allowance under ABSTUDY.\n\nAct means the Veterans’ Entitlements Act 1986.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of clean energy base payment that the person receives.\n\nclean energy advance has the same meaning as in the Act.\n\nclean energy advance daily rate, for a particular clean energy underlying payment, has the meaning it has in section 61D of the Act for that payment.\n\nclean energy advance eligibility day means:\n\n(a) for a person eligible for a clean energy advance because of a determination made under subsection 61A(1) of the Act—the day that determination is made; or\n\n(b) for a person eligible for a clean energy advance because of a determination made under subsection 61A(2) of the Act—the day specified in that determination because of subsection 61A(3) of the Act.\n\nNote: The day specified in the determination because of subsection 61A(3) is the first day during the clean energy advance period for which the person satisfies the eligibility requirements, disregarding any short temporary absence from Australia.\n\nclean energy advance period means:\n\n(a) for a person eligible under subsection 61A(1) of the Act for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013;\n\n(b) for a person eligible under subsection 61A(2) of the Act for a clean energy advance—the period starting on the clean energy advance eligibility day for the person and ending on 19 March 2013.\n\nclean energy base payment means:\n\n-   an ABSTUDY Living Allowance; or\n-   a clean energy qualifying payment; or\n-   a clean energy underlying payment; or\n-   a clean energy underlying payment under the MRCA; or\n-   a clean energy underlying payment under the MRCAETS; or\n-   a clean energy underlying payment under the VCES.\n\nNote: the MRCA, MRCAETS and VCES contain their own definitions of “clean energy underlying payment”.\n\nclean energy bonus has the same meaning as in the Act.\n\nclean energy qualifying payment has the same meaning it has in the Social Security Act 1991.\n\nclean energy underlying payment has the same meaning as in the Act.\n\nCommission means the Repatriation Commission continued in existence by section 179 of the Act.\n\ndisability pension means:\n\n(a) a pension under Part II or IV of the Act (other than a pension that is payable under section 30 of the Act to a dependant of a deceased veteran); or\n\n(b) a pension payable because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child).\n\nmost recent change day means the change day that is closest in time to the day the person’s top‑up payment is being calculated.\n\nmost recent clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person’s clean energy advance eligibility day was the most recent change day.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCA permanent impairment payment means, in relation to a person:\n\n(a) weekly compensation under Part 2 of Chapter 4 of the MRCA that:\n\n(i) is payable to the person; or\n\n(ii) would be payable to the person apart from paragraph 398(3)(b) of the MRCA and the offsetting described in subsection 13(4) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;\n\n(b) lump sum compensation under Part 2 of Chapter 4 of the MRCA.\n\nMRCA Special Rate Disability Pension means compensation payable to a person under Part 6 of Chapter 4 of the MRCA or compensation that would be payable to the person under Part 6 of Chapter 4 of the MRCA apart from section 204 and paragraph 398(3)(b) of the MRCA.\n\n###### MRCA wholly dependent partner payment means the payment payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.\n\nMRCAETS means the Military Rehabilitation and Compensation Act Education and Training Scheme made under subsection 258(1) of the MRCA.\n\nMRCAETS payment means a payment of education allowance under the MRCAETS.\n\nmultiple entitlement exclusion has the same meaning as in subsection 61F(4) of the Act.\n\nnew change day, in relation to a person, means a change day that occurs after the person has previously been eligible for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person was first eligible for a clean energy advance on the change day.\n\nnew clean energy advance period, in relation to a person, means the clean energy advance period that applies to the person from the change day.\n\noriginal change day, in relation to a person, means the first change day for the person.\n\noriginal clean energy advance daily rate, in relation to a person, means the clean energy advance daily rate that was used to calculate the person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment, in relation to a person, means the clean energy advance (advance) originally paid to the person in respect of a clean energy underlying payment, for the clean energy advance period in respect of that advance.\n\noriginal payment start day, in relation to a person’s original payment, means the later of the start of the clean energy advance period for the original payment or the person’s clean energy advance eligibility day.\n\nseniors supplement has the same meaning as in the Act.\n\nservice pension has the same meaning as in the Act.\n\ntop-up payment means a payment calculated under Part 3.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2).\n\nVCES means the Veterans’ Children Education Scheme made under section 117 of the VEA.\n\nVCES payment means a payment of education allowance under the VCES.\n\nVEA means the Veterans’ Entitlements Act 1986.\n\n#### Part 2 When a person is eligible for a top-up payment\n\n#### 4. Eligibility for top-up payment\n\n#### (1) If:\n\n#### (a) the Commonwealth pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or\n\n#### (ii) except for the provisions of a multiple entitlement exclusion the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;\n\n#### the person is eligible for a top-up payment calculated in accordance with Part 3.\n\n#### (2) For the purposes of paragraph 4(1)(b) a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of service pension or seniors supplement and:\n\n#### (i) despite the change in circumstances the person still receives a clean energy underlying payment (excluding disability pension) and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914(4) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914A(5) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives MRCA wholly dependent partner payment in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an ABSTUDY payment in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n  (vi) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n  (vii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (b) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of disability pension and:\n\n#### (i) as a result of the change in circumstances the person commences to receive the disability pension at an above general rate in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### Note: an above general rate of disability pension includes an increase to disability pension that is already higher than the general rate.\n\n#### (ii) as a result of the change in circumstances the person commences to receive a MRCA Special Rate Disability Pension in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of disability pension but commences to receive a MRCA permanent impairment payment in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (c) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of war widow(er) pension and:\n\n#### (i) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### (1) If the person has not previously been eligible for a top-up payment under section 4, the amount of top-up payment is to be calculated in accordance with Method Statement 1:\n\n  ![](image.002.png)![](image.003.png)\n\n#### 6 Top-up payment for subsequent change of circumstances\n\n  (1) If a person has previously been paid a top-up payment calculated in accordance with section 5 and the person has a further change in circumstances any additional top-up is to be calculated in accordance with Method Statement 2:\n  ![](image.004.png)","sortOrder":16},{"sectionNumber":"(i) as a result of the change in circums","sectionType":"section","heading":"(i) as a result of the change in circumstances the person commences to receive the disability pension at an above general rate in relation to the change day and the change of circumstances occurs before 20 March 2013; or","content":"![](image.001.png)\n\nVeterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012\n\n##### Veterans’ Entitlements Act 1986\n\nInstrument 2012 No. R1\n\nThe Repatriation Commission makes this Determination under subsection 61F(1) of the Veterans’ Entitlements Act 1986.\n\nDated this 4th day of April 2012\n\nIan Campbell Shane Carmody Major General Mark Kelly\n\n……………………………………………………………………………………….\n\nIAN CAMPBELL SHANE CARMODY Major General Mark Kelly\n\nPSM AO DSC\n\nPRESIDENT DEPUTY PRESIDENT COMMISSIONER\n\n#### PART 1 PRELIMINARY\n\n1. Name of instrument\n\nThis Determination is the Veterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012.\n\n2. Commencement\n\nThis Determination commences, or is taken to have commenced, on 14 May 2012.\n\n3. Definitions\n\nIn this Determination:\n\nabove general rate, in relation to disability pension, means disability pension paid at a rate greater than the rate specified in subsection 22(3) of the Act and includes where the person is paid a percentage, under subsection 22(2) of the Act, of the rate specified in subsection 22(3) that is increased under section 27 of the Act such that the total exceeds the rate specified in subsection 22(3).\n\nABSTUDY has the same meaning as in the Social Security Act 1991.\n\nABSTUDY Living Allowance means a living allowance under ABSTUDY.\n\nAct means the Veterans’ Entitlements Act 1986.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of clean energy base payment that the person receives.\n\nclean energy advance has the same meaning as in the Act.\n\nclean energy advance daily rate, for a particular clean energy underlying payment, has the meaning it has in section 61D of the Act for that payment.\n\nclean energy advance eligibility day means:\n\n(a) for a person eligible for a clean energy advance because of a determination made under subsection 61A(1) of the Act—the day that determination is made; or\n\n(b) for a person eligible for a clean energy advance because of a determination made under subsection 61A(2) of the Act—the day specified in that determination because of subsection 61A(3) of the Act.\n\nNote: The day specified in the determination because of subsection 61A(3) is the first day during the clean energy advance period for which the person satisfies the eligibility requirements, disregarding any short temporary absence from Australia.\n\nclean energy advance period means:\n\n(a) for a person eligible under subsection 61A(1) of the Act for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013;\n\n(b) for a person eligible under subsection 61A(2) of the Act for a clean energy advance—the period starting on the clean energy advance eligibility day for the person and ending on 19 March 2013.\n\nclean energy base payment means:\n\n-   an ABSTUDY Living Allowance; or\n-   a clean energy qualifying payment; or\n-   a clean energy underlying payment; or\n-   a clean energy underlying payment under the MRCA; or\n-   a clean energy underlying payment under the MRCAETS; or\n-   a clean energy underlying payment under the VCES.\n\nNote: the MRCA, MRCAETS and VCES contain their own definitions of “clean energy underlying payment”.\n\nclean energy bonus has the same meaning as in the Act.\n\nclean energy qualifying payment has the same meaning it has in the Social Security Act 1991.\n\nclean energy underlying payment has the same meaning as in the Act.\n\nCommission means the Repatriation Commission continued in existence by section 179 of the Act.\n\ndisability pension means:\n\n(a) a pension under Part II or IV of the Act (other than a pension that is payable under section 30 of the Act to a dependant of a deceased veteran); or\n\n(b) a pension payable because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child).\n\nmost recent change day means the change day that is closest in time to the day the person’s top‑up payment is being calculated.\n\nmost recent clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person’s clean energy advance eligibility day was the most recent change day.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCA permanent impairment payment means, in relation to a person:\n\n(a) weekly compensation under Part 2 of Chapter 4 of the MRCA that:\n\n(i) is payable to the person; or\n\n(ii) would be payable to the person apart from paragraph 398(3)(b) of the MRCA and the offsetting described in subsection 13(4) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;\n\n(b) lump sum compensation under Part 2 of Chapter 4 of the MRCA.\n\nMRCA Special Rate Disability Pension means compensation payable to a person under Part 6 of Chapter 4 of the MRCA or compensation that would be payable to the person under Part 6 of Chapter 4 of the MRCA apart from section 204 and paragraph 398(3)(b) of the MRCA.\n\n###### MRCA wholly dependent partner payment means the payment payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.\n\nMRCAETS means the Military Rehabilitation and Compensation Act Education and Training Scheme made under subsection 258(1) of the MRCA.\n\nMRCAETS payment means a payment of education allowance under the MRCAETS.\n\nmultiple entitlement exclusion has the same meaning as in subsection 61F(4) of the Act.\n\nnew change day, in relation to a person, means a change day that occurs after the person has previously been eligible for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person was first eligible for a clean energy advance on the change day.\n\nnew clean energy advance period, in relation to a person, means the clean energy advance period that applies to the person from the change day.\n\noriginal change day, in relation to a person, means the first change day for the person.\n\noriginal clean energy advance daily rate, in relation to a person, means the clean energy advance daily rate that was used to calculate the person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment, in relation to a person, means the clean energy advance (advance) originally paid to the person in respect of a clean energy underlying payment, for the clean energy advance period in respect of that advance.\n\noriginal payment start day, in relation to a person’s original payment, means the later of the start of the clean energy advance period for the original payment or the person’s clean energy advance eligibility day.\n\nseniors supplement has the same meaning as in the Act.\n\nservice pension has the same meaning as in the Act.\n\ntop-up payment means a payment calculated under Part 3.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2).\n\nVCES means the Veterans’ Children Education Scheme made under section 117 of the VEA.\n\nVCES payment means a payment of education allowance under the VCES.\n\nVEA means the Veterans’ Entitlements Act 1986.\n\n#### Part 2 When a person is eligible for a top-up payment\n\n#### 4. Eligibility for top-up payment\n\n#### (1) If:\n\n#### (a) the Commonwealth pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or\n\n#### (ii) except for the provisions of a multiple entitlement exclusion the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;\n\n#### the person is eligible for a top-up payment calculated in accordance with Part 3.\n\n#### (2) For the purposes of paragraph 4(1)(b) a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of service pension or seniors supplement and:\n\n#### (i) despite the change in circumstances the person still receives a clean energy underlying payment (excluding disability pension) and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914(4) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914A(5) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives MRCA wholly dependent partner payment in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an ABSTUDY payment in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n  (vi) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n  (vii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (b) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of disability pension and:\n\n#### (i) as a result of the change in circumstances the person commences to receive the disability pension at an above general rate in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### Note: an above general rate of disability pension includes an increase to disability pension that is already higher than the general rate.\n\n#### (ii) as a result of the change in circumstances the person commences to receive a MRCA Special Rate Disability Pension in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of disability pension but commences to receive a MRCA permanent impairment payment in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (c) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of war widow(er) pension and:\n\n#### (i) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### (1) If the person has not previously been eligible for a top-up payment under section 4, the amount of top-up payment is to be calculated in accordance with Method Statement 1:\n\n  ![](image.002.png)![](image.003.png)\n\n#### 6 Top-up payment for subsequent change of circumstances\n\n  (1) If a person has previously been paid a top-up payment calculated in accordance with section 5 and the person has a further change in circumstances any additional top-up is to be calculated in accordance with Method Statement 2:\n  ![](image.004.png)","sortOrder":17},{"sectionNumber":"Note: an above general rate of disabilit","sectionType":"section","heading":"Note: an above general rate of disability pension includes an increase to disability pension that is already higher than the general rate.","content":"![](image.001.png)\n\nVeterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012\n\n##### Veterans’ Entitlements Act 1986\n\nInstrument 2012 No. R1\n\nThe Repatriation Commission makes this Determination under subsection 61F(1) of the Veterans’ Entitlements Act 1986.\n\nDated this 4th day of April 2012\n\nIan Campbell Shane Carmody Major General Mark Kelly\n\n……………………………………………………………………………………….\n\nIAN CAMPBELL SHANE CARMODY Major General Mark Kelly\n\nPSM AO DSC\n\nPRESIDENT DEPUTY PRESIDENT COMMISSIONER\n\n#### PART 1 PRELIMINARY\n\n1. Name of instrument\n\nThis Determination is the Veterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012.\n\n2. Commencement\n\nThis Determination commences, or is taken to have commenced, on 14 May 2012.\n\n3. Definitions\n\nIn this Determination:\n\nabove general rate, in relation to disability pension, means disability pension paid at a rate greater than the rate specified in subsection 22(3) of the Act and includes where the person is paid a percentage, under subsection 22(2) of the Act, of the rate specified in subsection 22(3) that is increased under section 27 of the Act such that the total exceeds the rate specified in subsection 22(3).\n\nABSTUDY has the same meaning as in the Social Security Act 1991.\n\nABSTUDY Living Allowance means a living allowance under ABSTUDY.\n\nAct means the Veterans’ Entitlements Act 1986.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of clean energy base payment that the person receives.\n\nclean energy advance has the same meaning as in the Act.\n\nclean energy advance daily rate, for a particular clean energy underlying payment, has the meaning it has in section 61D of the Act for that payment.\n\nclean energy advance eligibility day means:\n\n(a) for a person eligible for a clean energy advance because of a determination made under subsection 61A(1) of the Act—the day that determination is made; or\n\n(b) for a person eligible for a clean energy advance because of a determination made under subsection 61A(2) of the Act—the day specified in that determination because of subsection 61A(3) of the Act.\n\nNote: The day specified in the determination because of subsection 61A(3) is the first day during the clean energy advance period for which the person satisfies the eligibility requirements, disregarding any short temporary absence from Australia.\n\nclean energy advance period means:\n\n(a) for a person eligible under subsection 61A(1) of the Act for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013;\n\n(b) for a person eligible under subsection 61A(2) of the Act for a clean energy advance—the period starting on the clean energy advance eligibility day for the person and ending on 19 March 2013.\n\nclean energy base payment means:\n\n-   an ABSTUDY Living Allowance; or\n-   a clean energy qualifying payment; or\n-   a clean energy underlying payment; or\n-   a clean energy underlying payment under the MRCA; or\n-   a clean energy underlying payment under the MRCAETS; or\n-   a clean energy underlying payment under the VCES.\n\nNote: the MRCA, MRCAETS and VCES contain their own definitions of “clean energy underlying payment”.\n\nclean energy bonus has the same meaning as in the Act.\n\nclean energy qualifying payment has the same meaning it has in the Social Security Act 1991.\n\nclean energy underlying payment has the same meaning as in the Act.\n\nCommission means the Repatriation Commission continued in existence by section 179 of the Act.\n\ndisability pension means:\n\n(a) a pension under Part II or IV of the Act (other than a pension that is payable under section 30 of the Act to a dependant of a deceased veteran); or\n\n(b) a pension payable because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child).\n\nmost recent change day means the change day that is closest in time to the day the person’s top‑up payment is being calculated.\n\nmost recent clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person’s clean energy advance eligibility day was the most recent change day.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCA permanent impairment payment means, in relation to a person:\n\n(a) weekly compensation under Part 2 of Chapter 4 of the MRCA that:\n\n(i) is payable to the person; or\n\n(ii) would be payable to the person apart from paragraph 398(3)(b) of the MRCA and the offsetting described in subsection 13(4) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;\n\n(b) lump sum compensation under Part 2 of Chapter 4 of the MRCA.\n\nMRCA Special Rate Disability Pension means compensation payable to a person under Part 6 of Chapter 4 of the MRCA or compensation that would be payable to the person under Part 6 of Chapter 4 of the MRCA apart from section 204 and paragraph 398(3)(b) of the MRCA.\n\n###### MRCA wholly dependent partner payment means the payment payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.\n\nMRCAETS means the Military Rehabilitation and Compensation Act Education and Training Scheme made under subsection 258(1) of the MRCA.\n\nMRCAETS payment means a payment of education allowance under the MRCAETS.\n\nmultiple entitlement exclusion has the same meaning as in subsection 61F(4) of the Act.\n\nnew change day, in relation to a person, means a change day that occurs after the person has previously been eligible for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person was first eligible for a clean energy advance on the change day.\n\nnew clean energy advance period, in relation to a person, means the clean energy advance period that applies to the person from the change day.\n\noriginal change day, in relation to a person, means the first change day for the person.\n\noriginal clean energy advance daily rate, in relation to a person, means the clean energy advance daily rate that was used to calculate the person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment, in relation to a person, means the clean energy advance (advance) originally paid to the person in respect of a clean energy underlying payment, for the clean energy advance period in respect of that advance.\n\noriginal payment start day, in relation to a person’s original payment, means the later of the start of the clean energy advance period for the original payment or the person’s clean energy advance eligibility day.\n\nseniors supplement has the same meaning as in the Act.\n\nservice pension has the same meaning as in the Act.\n\ntop-up payment means a payment calculated under Part 3.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2).\n\nVCES means the Veterans’ Children Education Scheme made under section 117 of the VEA.\n\nVCES payment means a payment of education allowance under the VCES.\n\nVEA means the Veterans’ Entitlements Act 1986.\n\n#### Part 2 When a person is eligible for a top-up payment\n\n#### 4. Eligibility for top-up payment\n\n#### (1) If:\n\n#### (a) the Commonwealth pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or\n\n#### (ii) except for the provisions of a multiple entitlement exclusion the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;\n\n#### the person is eligible for a top-up payment calculated in accordance with Part 3.\n\n#### (2) For the purposes of paragraph 4(1)(b) a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of service pension or seniors supplement and:\n\n#### (i) despite the change in circumstances the person still receives a clean energy underlying payment (excluding disability pension) and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914(4) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914A(5) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives MRCA wholly dependent partner payment in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an ABSTUDY payment in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n  (vi) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n  (vii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (b) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of disability pension and:\n\n#### (i) as a result of the change in circumstances the person commences to receive the disability pension at an above general rate in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### Note: an above general rate of disability pension includes an increase to disability pension that is already higher than the general rate.\n\n#### (ii) as a result of the change in circumstances the person commences to receive a MRCA Special Rate Disability Pension in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of disability pension but commences to receive a MRCA permanent impairment payment in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (c) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of war widow(er) pension and:\n\n#### (i) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### (1) If the person has not previously been eligible for a top-up payment under section 4, the amount of top-up payment is to be calculated in accordance with Method Statement 1:\n\n  ![](image.002.png)![](image.003.png)\n\n#### 6 Top-up payment for subsequent change of circumstances\n\n  (1) If a person has previously been paid a top-up payment calculated in accordance with section 5 and the person has a further change in circumstances any additional top-up is to be calculated in accordance with Method Statement 2:\n  ![](image.004.png)","sortOrder":18},{"sectionNumber":"(c) the person was paid an original paym","sectionType":"section","heading":"(c) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of war widow(er) pension and:","content":"![](image.001.png)\n\nVeterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012\n\n##### Veterans’ Entitlements Act 1986\n\nInstrument 2012 No. R1\n\nThe Repatriation Commission makes this Determination under subsection 61F(1) of the Veterans’ Entitlements Act 1986.\n\nDated this 4th day of April 2012\n\nIan Campbell Shane Carmody Major General Mark Kelly\n\n……………………………………………………………………………………….\n\nIAN CAMPBELL SHANE CARMODY Major General Mark Kelly\n\nPSM AO DSC\n\nPRESIDENT DEPUTY PRESIDENT COMMISSIONER\n\n#### PART 1 PRELIMINARY\n\n1. Name of instrument\n\nThis Determination is the Veterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012.\n\n2. Commencement\n\nThis Determination commences, or is taken to have commenced, on 14 May 2012.\n\n3. Definitions\n\nIn this Determination:\n\nabove general rate, in relation to disability pension, means disability pension paid at a rate greater than the rate specified in subsection 22(3) of the Act and includes where the person is paid a percentage, under subsection 22(2) of the Act, of the rate specified in subsection 22(3) that is increased under section 27 of the Act such that the total exceeds the rate specified in subsection 22(3).\n\nABSTUDY has the same meaning as in the Social Security Act 1991.\n\nABSTUDY Living Allowance means a living allowance under ABSTUDY.\n\nAct means the Veterans’ Entitlements Act 1986.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of clean energy base payment that the person receives.\n\nclean energy advance has the same meaning as in the Act.\n\nclean energy advance daily rate, for a particular clean energy underlying payment, has the meaning it has in section 61D of the Act for that payment.\n\nclean energy advance eligibility day means:\n\n(a) for a person eligible for a clean energy advance because of a determination made under subsection 61A(1) of the Act—the day that determination is made; or\n\n(b) for a person eligible for a clean energy advance because of a determination made under subsection 61A(2) of the Act—the day specified in that determination because of subsection 61A(3) of the Act.\n\nNote: The day specified in the determination because of subsection 61A(3) is the first day during the clean energy advance period for which the person satisfies the eligibility requirements, disregarding any short temporary absence from Australia.\n\nclean energy advance period means:\n\n(a) for a person eligible under subsection 61A(1) of the Act for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013;\n\n(b) for a person eligible under subsection 61A(2) of the Act for a clean energy advance—the period starting on the clean energy advance eligibility day for the person and ending on 19 March 2013.\n\nclean energy base payment means:\n\n-   an ABSTUDY Living Allowance; or\n-   a clean energy qualifying payment; or\n-   a clean energy underlying payment; or\n-   a clean energy underlying payment under the MRCA; or\n-   a clean energy underlying payment under the MRCAETS; or\n-   a clean energy underlying payment under the VCES.\n\nNote: the MRCA, MRCAETS and VCES contain their own definitions of “clean energy underlying payment”.\n\nclean energy bonus has the same meaning as in the Act.\n\nclean energy qualifying payment has the same meaning it has in the Social Security Act 1991.\n\nclean energy underlying payment has the same meaning as in the Act.\n\nCommission means the Repatriation Commission continued in existence by section 179 of the Act.\n\ndisability pension means:\n\n(a) a pension under Part II or IV of the Act (other than a pension that is payable under section 30 of the Act to a dependant of a deceased veteran); or\n\n(b) a pension payable because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child).\n\nmost recent change day means the change day that is closest in time to the day the person’s top‑up payment is being calculated.\n\nmost recent clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person’s clean energy advance eligibility day was the most recent change day.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCA permanent impairment payment means, in relation to a person:\n\n(a) weekly compensation under Part 2 of Chapter 4 of the MRCA that:\n\n(i) is payable to the person; or\n\n(ii) would be payable to the person apart from paragraph 398(3)(b) of the MRCA and the offsetting described in subsection 13(4) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;\n\n(b) lump sum compensation under Part 2 of Chapter 4 of the MRCA.\n\nMRCA Special Rate Disability Pension means compensation payable to a person under Part 6 of Chapter 4 of the MRCA or compensation that would be payable to the person under Part 6 of Chapter 4 of the MRCA apart from section 204 and paragraph 398(3)(b) of the MRCA.\n\n###### MRCA wholly dependent partner payment means the payment payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.\n\nMRCAETS means the Military Rehabilitation and Compensation Act Education and Training Scheme made under subsection 258(1) of the MRCA.\n\nMRCAETS payment means a payment of education allowance under the MRCAETS.\n\nmultiple entitlement exclusion has the same meaning as in subsection 61F(4) of the Act.\n\nnew change day, in relation to a person, means a change day that occurs after the person has previously been eligible for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person was first eligible for a clean energy advance on the change day.\n\nnew clean energy advance period, in relation to a person, means the clean energy advance period that applies to the person from the change day.\n\noriginal change day, in relation to a person, means the first change day for the person.\n\noriginal clean energy advance daily rate, in relation to a person, means the clean energy advance daily rate that was used to calculate the person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment, in relation to a person, means the clean energy advance (advance) originally paid to the person in respect of a clean energy underlying payment, for the clean energy advance period in respect of that advance.\n\noriginal payment start day, in relation to a person’s original payment, means the later of the start of the clean energy advance period for the original payment or the person’s clean energy advance eligibility day.\n\nseniors supplement has the same meaning as in the Act.\n\nservice pension has the same meaning as in the Act.\n\ntop-up payment means a payment calculated under Part 3.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2).\n\nVCES means the Veterans’ Children Education Scheme made under section 117 of the VEA.\n\nVCES payment means a payment of education allowance under the VCES.\n\nVEA means the Veterans’ Entitlements Act 1986.\n\n#### Part 2 When a person is eligible for a top-up payment\n\n#### 4. Eligibility for top-up payment\n\n#### (1) If:\n\n#### (a) the Commonwealth pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or\n\n#### (ii) except for the provisions of a multiple entitlement exclusion the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;\n\n#### the person is eligible for a top-up payment calculated in accordance with Part 3.\n\n#### (2) For the purposes of paragraph 4(1)(b) a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of service pension or seniors supplement and:\n\n#### (i) despite the change in circumstances the person still receives a clean energy underlying payment (excluding disability pension) and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914(4) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914A(5) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives MRCA wholly dependent partner payment in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an ABSTUDY payment in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n  (vi) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n  (vii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (b) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of disability pension and:\n\n#### (i) as a result of the change in circumstances the person commences to receive the disability pension at an above general rate in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### Note: an above general rate of disability pension includes an increase to disability pension that is already higher than the general rate.\n\n#### (ii) as a result of the change in circumstances the person commences to receive a MRCA Special Rate Disability Pension in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of disability pension but commences to receive a MRCA permanent impairment payment in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (c) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of war widow(er) pension and:\n\n#### (i) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### (1) If the person has not previously been eligible for a top-up payment under section 4, the amount of top-up payment is to be calculated in accordance with Method Statement 1:\n\n  ![](image.002.png)![](image.003.png)\n\n#### 6 Top-up payment for subsequent change of circumstances\n\n  (1) If a person has previously been paid a top-up payment calculated in accordance with section 5 and the person has a further change in circumstances any additional top-up is to be calculated in accordance with Method Statement 2:\n  ![](image.004.png)","sortOrder":21},{"sectionNumber":"Part 3 Method of working out the top-up ","sectionType":"section","heading":"Part 3 Method of working out the top-up payment","content":"![](image.001.png)\n\nVeterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012\n\n##### Veterans’ Entitlements Act 1986\n\nInstrument 2012 No. R1\n\nThe Repatriation Commission makes this Determination under subsection 61F(1) of the Veterans’ Entitlements Act 1986.\n\nDated this 4th day of April 2012\n\nIan Campbell Shane Carmody Major General Mark Kelly\n\n……………………………………………………………………………………….\n\nIAN CAMPBELL SHANE CARMODY Major General Mark Kelly\n\nPSM AO DSC\n\nPRESIDENT DEPUTY PRESIDENT COMMISSIONER\n\n#### PART 1 PRELIMINARY\n\n1. Name of instrument\n\nThis Determination is the Veterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012.\n\n2. Commencement\n\nThis Determination commences, or is taken to have commenced, on 14 May 2012.\n\n3. Definitions\n\nIn this Determination:\n\nabove general rate, in relation to disability pension, means disability pension paid at a rate greater than the rate specified in subsection 22(3) of the Act and includes where the person is paid a percentage, under subsection 22(2) of the Act, of the rate specified in subsection 22(3) that is increased under section 27 of the Act such that the total exceeds the rate specified in subsection 22(3).\n\nABSTUDY has the same meaning as in the Social Security Act 1991.\n\nABSTUDY Living Allowance means a living allowance under ABSTUDY.\n\nAct means the Veterans’ Entitlements Act 1986.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of clean energy base payment that the person receives.\n\nclean energy advance has the same meaning as in the Act.\n\nclean energy advance daily rate, for a particular clean energy underlying payment, has the meaning it has in section 61D of the Act for that payment.\n\nclean energy advance eligibility day means:\n\n(a) for a person eligible for a clean energy advance because of a determination made under subsection 61A(1) of the Act—the day that determination is made; or\n\n(b) for a person eligible for a clean energy advance because of a determination made under subsection 61A(2) of the Act—the day specified in that determination because of subsection 61A(3) of the Act.\n\nNote: The day specified in the determination because of subsection 61A(3) is the first day during the clean energy advance period for which the person satisfies the eligibility requirements, disregarding any short temporary absence from Australia.\n\nclean energy advance period means:\n\n(a) for a person eligible under subsection 61A(1) of the Act for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013;\n\n(b) for a person eligible under subsection 61A(2) of the Act for a clean energy advance—the period starting on the clean energy advance eligibility day for the person and ending on 19 March 2013.\n\nclean energy base payment means:\n\n-   an ABSTUDY Living Allowance; or\n-   a clean energy qualifying payment; or\n-   a clean energy underlying payment; or\n-   a clean energy underlying payment under the MRCA; or\n-   a clean energy underlying payment under the MRCAETS; or\n-   a clean energy underlying payment under the VCES.\n\nNote: the MRCA, MRCAETS and VCES contain their own definitions of “clean energy underlying payment”.\n\nclean energy bonus has the same meaning as in the Act.\n\nclean energy qualifying payment has the same meaning it has in the Social Security Act 1991.\n\nclean energy underlying payment has the same meaning as in the Act.\n\nCommission means the Repatriation Commission continued in existence by section 179 of the Act.\n\ndisability pension means:\n\n(a) a pension under Part II or IV of the Act (other than a pension that is payable under section 30 of the Act to a dependant of a deceased veteran); or\n\n(b) a pension payable because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child).\n\nmost recent change day means the change day that is closest in time to the day the person’s top‑up payment is being calculated.\n\nmost recent clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person’s clean energy advance eligibility day was the most recent change day.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCA permanent impairment payment means, in relation to a person:\n\n(a) weekly compensation under Part 2 of Chapter 4 of the MRCA that:\n\n(i) is payable to the person; or\n\n(ii) would be payable to the person apart from paragraph 398(3)(b) of the MRCA and the offsetting described in subsection 13(4) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;\n\n(b) lump sum compensation under Part 2 of Chapter 4 of the MRCA.\n\nMRCA Special Rate Disability Pension means compensation payable to a person under Part 6 of Chapter 4 of the MRCA or compensation that would be payable to the person under Part 6 of Chapter 4 of the MRCA apart from section 204 and paragraph 398(3)(b) of the MRCA.\n\n###### MRCA wholly dependent partner payment means the payment payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.\n\nMRCAETS means the Military Rehabilitation and Compensation Act Education and Training Scheme made under subsection 258(1) of the MRCA.\n\nMRCAETS payment means a payment of education allowance under the MRCAETS.\n\nmultiple entitlement exclusion has the same meaning as in subsection 61F(4) of the Act.\n\nnew change day, in relation to a person, means a change day that occurs after the person has previously been eligible for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person was first eligible for a clean energy advance on the change day.\n\nnew clean energy advance period, in relation to a person, means the clean energy advance period that applies to the person from the change day.\n\noriginal change day, in relation to a person, means the first change day for the person.\n\noriginal clean energy advance daily rate, in relation to a person, means the clean energy advance daily rate that was used to calculate the person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment, in relation to a person, means the clean energy advance (advance) originally paid to the person in respect of a clean energy underlying payment, for the clean energy advance period in respect of that advance.\n\noriginal payment start day, in relation to a person’s original payment, means the later of the start of the clean energy advance period for the original payment or the person’s clean energy advance eligibility day.\n\nseniors supplement has the same meaning as in the Act.\n\nservice pension has the same meaning as in the Act.\n\ntop-up payment means a payment calculated under Part 3.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2).\n\nVCES means the Veterans’ Children Education Scheme made under section 117 of the VEA.\n\nVCES payment means a payment of education allowance under the VCES.\n\nVEA means the Veterans’ Entitlements Act 1986.\n\n#### Part 2 When a person is eligible for a top-up payment\n\n#### 4. Eligibility for top-up payment\n\n#### (1) If:\n\n#### (a) the Commonwealth pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or\n\n#### (ii) except for the provisions of a multiple entitlement exclusion the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;\n\n#### the person is eligible for a top-up payment calculated in accordance with Part 3.\n\n#### (2) For the purposes of paragraph 4(1)(b) a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of service pension or seniors supplement and:\n\n#### (i) despite the change in circumstances the person still receives a clean energy underlying payment (excluding disability pension) and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914(4) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914A(5) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives MRCA wholly dependent partner payment in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an ABSTUDY payment in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n  (vi) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n  (vii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (b) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of disability pension and:\n\n#### (i) as a result of the change in circumstances the person commences to receive the disability pension at an above general rate in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### Note: an above general rate of disability pension includes an increase to disability pension that is already higher than the general rate.\n\n#### (ii) as a result of the change in circumstances the person commences to receive a MRCA Special Rate Disability Pension in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of disability pension but commences to receive a MRCA permanent impairment payment in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (c) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of war widow(er) pension and:\n\n#### (i) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### (1) If the person has not previously been eligible for a top-up payment under section 4, the amount of top-up payment is to be calculated in accordance with Method Statement 1:\n\n  ![](image.002.png)![](image.003.png)\n\n#### 6 Top-up payment for subsequent change of circumstances\n\n  (1) If a person has previously been paid a top-up payment calculated in accordance with section 5 and the person has a further change in circumstances any additional top-up is to be calculated in accordance with Method Statement 2:\n  ![](image.004.png)","sortOrder":24},{"sectionNumber":"5","sectionType":"section","heading":"Top-up payment for first change of circumstances","content":"![](image.001.png)\n\nVeterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012\n\n##### Veterans’ Entitlements Act 1986\n\nInstrument 2012 No. R1\n\nThe Repatriation Commission makes this Determination under subsection 61F(1) of the Veterans’ Entitlements Act 1986.\n\nDated this 4th day of April 2012\n\nIan Campbell Shane Carmody Major General Mark Kelly\n\n……………………………………………………………………………………….\n\nIAN CAMPBELL SHANE CARMODY Major General Mark Kelly\n\nPSM AO DSC\n\nPRESIDENT DEPUTY PRESIDENT COMMISSIONER\n\n#### PART 1 PRELIMINARY\n\n1. Name of instrument\n\nThis Determination is the Veterans’ Entitlements (Clean Energy Advance – Top-Up Payment) Determination 2012.\n\n2. Commencement\n\nThis Determination commences, or is taken to have commenced, on 14 May 2012.\n\n3. Definitions\n\nIn this Determination:\n\nabove general rate, in relation to disability pension, means disability pension paid at a rate greater than the rate specified in subsection 22(3) of the Act and includes where the person is paid a percentage, under subsection 22(2) of the Act, of the rate specified in subsection 22(3) that is increased under section 27 of the Act such that the total exceeds the rate specified in subsection 22(3).\n\nABSTUDY has the same meaning as in the Social Security Act 1991.\n\nABSTUDY Living Allowance means a living allowance under ABSTUDY.\n\nAct means the Veterans’ Entitlements Act 1986.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of clean energy base payment that the person receives.\n\nclean energy advance has the same meaning as in the Act.\n\nclean energy advance daily rate, for a particular clean energy underlying payment, has the meaning it has in section 61D of the Act for that payment.\n\nclean energy advance eligibility day means:\n\n(a) for a person eligible for a clean energy advance because of a determination made under subsection 61A(1) of the Act—the day that determination is made; or\n\n(b) for a person eligible for a clean energy advance because of a determination made under subsection 61A(2) of the Act—the day specified in that determination because of subsection 61A(3) of the Act.\n\nNote: The day specified in the determination because of subsection 61A(3) is the first day during the clean energy advance period for which the person satisfies the eligibility requirements, disregarding any short temporary absence from Australia.\n\nclean energy advance period means:\n\n(a) for a person eligible under subsection 61A(1) of the Act for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013;\n\n(b) for a person eligible under subsection 61A(2) of the Act for a clean energy advance—the period starting on the clean energy advance eligibility day for the person and ending on 19 March 2013.\n\nclean energy base payment means:\n\n-   an ABSTUDY Living Allowance; or\n-   a clean energy qualifying payment; or\n-   a clean energy underlying payment; or\n-   a clean energy underlying payment under the MRCA; or\n-   a clean energy underlying payment under the MRCAETS; or\n-   a clean energy underlying payment under the VCES.\n\nNote: the MRCA, MRCAETS and VCES contain their own definitions of “clean energy underlying payment”.\n\nclean energy bonus has the same meaning as in the Act.\n\nclean energy qualifying payment has the same meaning it has in the Social Security Act 1991.\n\nclean energy underlying payment has the same meaning as in the Act.\n\nCommission means the Repatriation Commission continued in existence by section 179 of the Act.\n\ndisability pension means:\n\n(a) a pension under Part II or IV of the Act (other than a pension that is payable under section 30 of the Act to a dependant of a deceased veteran); or\n\n(b) a pension payable because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child).\n\nmost recent change day means the change day that is closest in time to the day the person’s top‑up payment is being calculated.\n\nmost recent clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person’s clean energy advance eligibility day was the most recent change day.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCA permanent impairment payment means, in relation to a person:\n\n(a) weekly compensation under Part 2 of Chapter 4 of the MRCA that:\n\n(i) is payable to the person; or\n\n(ii) would be payable to the person apart from paragraph 398(3)(b) of the MRCA and the offsetting described in subsection 13(4) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;\n\n(b) lump sum compensation under Part 2 of Chapter 4 of the MRCA.\n\nMRCA Special Rate Disability Pension means compensation payable to a person under Part 6 of Chapter 4 of the MRCA or compensation that would be payable to the person under Part 6 of Chapter 4 of the MRCA apart from section 204 and paragraph 398(3)(b) of the MRCA.\n\n###### MRCA wholly dependent partner payment means the payment payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.\n\nMRCAETS means the Military Rehabilitation and Compensation Act Education and Training Scheme made under subsection 258(1) of the MRCA.\n\nMRCAETS payment means a payment of education allowance under the MRCAETS.\n\nmultiple entitlement exclusion has the same meaning as in subsection 61F(4) of the Act.\n\nnew change day, in relation to a person, means a change day that occurs after the person has previously been eligible for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person was first eligible for a clean energy advance on the change day.\n\nnew clean energy advance period, in relation to a person, means the clean energy advance period that applies to the person from the change day.\n\noriginal change day, in relation to a person, means the first change day for the person.\n\noriginal clean energy advance daily rate, in relation to a person, means the clean energy advance daily rate that was used to calculate the person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment, in relation to a person, means the clean energy advance (advance) originally paid to the person in respect of a clean energy underlying payment, for the clean energy advance period in respect of that advance.\n\noriginal payment start day, in relation to a person’s original payment, means the later of the start of the clean energy advance period for the original payment or the person’s clean energy advance eligibility day.\n\nseniors supplement has the same meaning as in the Act.\n\nservice pension has the same meaning as in the Act.\n\ntop-up payment means a payment calculated under Part 3.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2).\n\nVCES means the Veterans’ Children Education Scheme made under section 117 of the VEA.\n\nVCES payment means a payment of education allowance under the VCES.\n\nVEA means the Veterans’ Entitlements Act 1986.\n\n#### Part 2 When a person is eligible for a top-up payment\n\n#### 4. Eligibility for top-up payment\n\n#### (1) If:\n\n#### (a) the Commonwealth pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or\n\n#### (ii) except for the provisions of a multiple entitlement exclusion the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;\n\n#### the person is eligible for a top-up payment calculated in accordance with Part 3.\n\n#### (2) For the purposes of paragraph 4(1)(b) a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of service pension or seniors supplement and:\n\n#### (i) despite the change in circumstances the person still receives a clean energy underlying payment (excluding disability pension) and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914(4) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives a payment listed in subsection 914A(5) of the Social Security Act 1991 in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives MRCA wholly dependent partner payment in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an ABSTUDY payment in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n  (vi) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n  (vii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (b) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of disability pension and:\n\n#### (i) as a result of the change in circumstances the person commences to receive the disability pension at an above general rate in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### Note: an above general rate of disability pension includes an increase to disability pension that is already higher than the general rate.\n\n#### (ii) as a result of the change in circumstances the person commences to receive a MRCA Special Rate Disability Pension in relation to the change day and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of disability pension but commences to receive a MRCA permanent impairment payment in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### (c) the person was paid an original payment under section 61A of the Act in respect of a clean energy underlying payment of war widow(er) pension and:\n\n#### (i) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the MRCAETS in relation to the change day and the change of circumstances occurs before 1 July 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a clean energy underlying payment of war widow(er) pension but receives an education allowance under the VCES in relation to the change day and the change of circumstances occurs before 1 July 2013.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### (1) If the person has not previously been eligible for a top-up payment under section 4, the amount of top-up payment is to be calculated in accordance with Method Statement 1:\n\n  ![](image.002.png)![](image.003.png)\n\n#### 6 Top-up payment for subsequent change of circumstances\n\n  (1) If a person has previously been paid a top-up payment calculated in accordance with section 5 and the person has a further change in circumstances any additional top-up is to be calculated in accordance with Method Statement 2:\n  ![](image.004.png)","sortOrder":25},{"sectionNumber":"(1) If the person has not previously bee","sectionType":"section","heading":"(1) If the person has not previously been eligible for a top-up payment under section 4, the amount of top-up payment is to be calculated in accordance with Method Statement 1:","content":"#### (1) If the person has not previously been eligible for a top-up payment under section 4, the amount of top-up payment is to be calculated in accordance with Method Statement 1:\n\n  ![](image.002.png)![](image.003.png)","sortOrder":26},{"sectionNumber":"6","sectionType":"section","heading":"Top-up payment for subsequent change of circumstances","content":"#### 6 Top-up payment for subsequent change of circumstances\n\n  (1) If a person has previously been paid a top-up payment calculated in accordance with section 5 and the person has a further change in circumstances any additional top-up is to be calculated in accordance with Method Statement 2:\n  ![](image.004.png)","sortOrder":27}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":1890},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Determination maintains its original narrow technical scope of providing top-up payment calculations for Clean Energy Advances when recipients experience changes in circumstances. It has not expanded beyond this specific adjustment mechanism."},"complexity_factors":["25+ defined terms with nested cross-references to the Veterans' Entitlements Act, Social Security Act 1991, and MRCA","Section 4(2) contains 12 distinct qualifying conditions across three separate payment categories (service pension/disability pension/war widow)","Multiple date thresholds creating different eligibility windows (20 March 2013 vs 1 July 2013)","Extensive cross-referencing to external legislative schemes including ABSTUDY, MRCAETS and VCES","Calculation method statements (Method Statement 1 and 2) referenced but not visible in text, requiring external lookup","Requires tracking multiple temporal variables: 'original payment start day', 'clean energy advance eligibility day', 'change day', and 'most recent change day'"],"plain_english_summary":"This Determination lets eligible veterans, war widows/widowers and certain dependents claim a top‑up to the one‑off Clean Energy Advance if their payment status changed after the original payment and they would have received more had the change occurred earlier. It fixes a gap for people moving between pensions, education allowances or other listed payments. Most changes must predate 20 March 2013 (some switches allowed until 1 July 2013); the instrument sets rules for calculating the additional amount."}},"importantCases":[],"_links":{"self":"/api/acts/veterans-entitlements-clean-energy-advance-top-up-payment-determination-2012","history":"/api/acts/veterans-entitlements-clean-energy-advance-top-up-payment-determination-2012/history","analysis":"/api/acts/veterans-entitlements-clean-energy-advance-top-up-payment-determination-2012/analysis","conflicts":"/api/acts/veterans-entitlements-clean-energy-advance-top-up-payment-determination-2012/conflicts","importantCases":"/api/acts/veterans-entitlements-clean-energy-advance-top-up-payment-determination-2012/important-cases","documents":"/api/acts/veterans-entitlements-clean-energy-advance-top-up-payment-determination-2012/documents"}}