{"id":"F2018L00417","name":"Veterans' Entitlements (Top Up of Pension Bonus in Specified Circumstances) Instrument 2018","slug":"veterans-entitlements-top-up-of-pension-bonus-in-specified-circumstances-instrument-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99976,"registerId":"commonwealth-F2018L00417-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Veterans' Entitlements (Top Up of Pension Bonus in Specified Circumstances) Instrument 2018","content":"# ![](image.001.png)\n\nRepatriation Commission\n\nVeterans' Entitlements (Top Up of Pension Bonus in Specified Circumstances) Instrument 2018\n\nInstrument 2018 No. R3\n\n| The Repatriation Commission, under subsection 45UIC(6) of the Veterans’ Entitlements Act 1986 (the Act) makes the following instrument.Dated this 1 of March 2018The Seal of the )Repatriation Commission ) SEALwas affixed hereto in the )presence of: )Simon Lewis Craig Orme MA KellySIMON LEWIS CRAIG ORME Major General Mark KellyPSM DSC AM CSC AO DSCPRESIDENT DEPUTY PRESIDENT COMMISSIONER |\n| --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n1 Name\n\nThis determination is the Veterans' Entitlements (Top Up of Pension Bonus in Specified Circumstances) Instrument 2018.\n\n2 Commencement\n\nThis instrument commences on the day after this instrument is registered.\n\n3 Authority\n\nThis instrument is made under subsection 45UIC(6) of the Veterans’ Entitlements Act 1986.\n\n4 Revocation\n\nThe Veterans’ Entitlements (Top up of Pension Bonus – Specified Circumstances) Determination 2007 dated 21 December 2007 is revoked.\n\n5 Definitions\n\nIn this instrument:\n\nAct means the Veterans’ Entitlements Act 1986.\n\ndesignated pension has the same meaning as it has in section 45TA of the Act.\n\n6 Specified circumstances\n\nFor paragraph 45UIC(1)(b) of the Act, a specified circumstance is that:\n\n(a) the Commission makes a determination under paragraph 45UIC(1)(a) of the Act because of a reduction, since the date on which a determination granting a pension bonus to the person takes effect (the effective day), in either or both of the following:\n\n(i) the value of the person’s assets;\n\n(ii) the person’s ordinary income; and\n\n(b) the determination takes effect on a day that is more than 13 weeks after the effective day; and\n\n(c) the determination is made:\n\n(i) wholly or partly because an administrative error in determining the person’s rate of a designated pension was made by the Secretary before the end of the 13 week period following the effective day; or\n\n(ii) because the person had given the Secretary, before the end of the 13 week period following the effective day, incorrect information about the value of the person’s assets or the person’s ordinary income.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow purpose. It replaces a 2007 determination with the same function (as evidenced by the revocation in section 4 and nearly identical title), continuing to specify limited circumstances for pension bonus top-ups without expansion into broader policy areas."},"complexity_factors":["Short length (6 sections, approximately 1 page)","Only 2 defined terms ('Act' and 'designated pension')","Single operative provision (section 6) with clear conditional structure","Limited cross-referencing (only to section 45UIC and 45TA of the parent Act)","No nested exceptions or complex temporal calculations beyond the 13-week period","Straightforward logical structure: three cumulative conditions (a, b, c) with two alternative sub-conditions under (c)"],"plain_english_summary":"This instrument allows the government to increase a veteran’s pension bonus where the veteran deferred claiming their service pension and later has lower assets or income than when the bonus was first assessed. It applies where the decision to recalculate occurs more than 13 weeks after pension start because of an administrative error or because the veteran provided incorrect asset/income information within the initial 13‑week period.\n\nIt prevents veterans being disadvantaged by government delays or honest early mistakes."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument revokes the 2007 Determination and replaces it with a narrowed specification of when a pension‑bonus top up is available: it limits eligibility to reductions in assets or ordinary income that take effect more than 13 weeks after the bonus effective day, and only where the cause is an administrative error by the Secretary or incorrect information given by the person within the initial 13‑week period (clauses 4, 5 and 6)."},"complexity_factors":["Cross-reference to the Veterans’ Entitlements Act 1986 (made under subsection 45UIC(6)) — requires reading primary Act alongside this instrument.","Timing condition: the corrective determination must take effect more than 13 weeks after the bonus effective day (clause 6(b)).","Dual factual grounds: correction permitted only where caused by either an administrative error by the Secretary or incorrect information supplied by the person within the 13‑week window (clause 6(c)).","Use of defined statutory terms (for example, 'designated pension' as defined by section 45TA of the Act) — demands checking definitions in the Act (clause 5).","Revocation of a prior instrument (the 2007 Determination) — practical impact requires comparing old and new texts to see substantive changes (clause 4)."],"plain_english_summary":"This instrument sets when the Repatriation Commission may ‘top up’ a previously paid pension bonus for a veteran whose assets or ordinary income drop after the bonus took effect. It applies where the corrective determination takes effect more than 13 weeks after the bonus effective day and the cause is either an administrative error by the Department or the veteran having given incorrect information within the first 13 weeks. It applies to recipients of designated pensions."}},"importantCases":[],"_links":{"self":"/api/acts/veterans-entitlements-top-up-of-pension-bonus-in-specified-circumstances-instrument-2018","history":"/api/acts/veterans-entitlements-top-up-of-pension-bonus-in-specified-circumstances-instrument-2018/history","analysis":"/api/acts/veterans-entitlements-top-up-of-pension-bonus-in-specified-circumstances-instrument-2018/analysis","conflicts":"/api/acts/veterans-entitlements-top-up-of-pension-bonus-in-specified-circumstances-instrument-2018/conflicts","importantCases":"/api/acts/veterans-entitlements-top-up-of-pension-bonus-in-specified-circumstances-instrument-2018/important-cases","documents":"/api/acts/veterans-entitlements-top-up-of-pension-bonus-in-specified-circumstances-instrument-2018/documents"}}