{"id":"F2018L00477","name":"Veterans’ Entitlements (Veteran Payment) Instrument 2018","slug":"veterans-entitlements-veteran-payment-instrument-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100003,"registerId":"commonwealth-F2018L00477-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Veterans’ Entitlements (Veteran Payment) Instrument 2018","content":"![](image.001.png)\n\nRepatriation Commission\n\nVeterans' Entitlements (Veteran Payment) Instrument 2018\n\nInstrument 2018 No. R40\n\n| The Repatriation Commission, under subsection 45SB (1) of the Veterans’ Entitlements Act 1986, makes the following instrument.Dated this 5th of April 2018The Seal of the )Repatriation Commission )was affixed hereto in the )SEALpresence of: )Simon Lewis C Orme M A KellySIMON LEWIS CRAIG ORME Major General Mark KellyPSM DSC AM CSC AO DSCPRESIDENT DEPUTY PRESIDENT COMMISSIONER |\n| ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n  \n\nPart 1 — Preliminary\n\n1 Name\n\nThis instrument is the Veterans’ Entitlements (Veteran Payment) Instrument 2018.\n\n2 Commencement\n\nThis instrument commences, or is taken to have commenced, on 1 May 2018.\n\n3 Authority\n\nThis instrument is made under section 45SB of the Act.\n\n4 Purpose\n\nThe purpose of this instrument is to provide for the making of an interim payment (known as the “veteran payment”) to certain members and former members of the Australian Defence Force and their partners where the member or former member has made a claim for a service injury or disease that is a mental injury or disease under the MRCA or the DRCA.\n\n5 Definitions\n\nIn this instrument:\n\nAct means the Veterans’ Entitlements Act 1986.\n\nDRCA means the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\npayment period – see section 6.\n\nprimary person means a person who has made a claim referred to in paragraph 45SB(1)(a) of the Act.\n\nNote: The following terms used in this instrument are defined in the Act:\n\nCommission (s5A)\n\nPartner (s5E(1))\n\n6 Meaning of payment period\n\n(1) Subject to subsections (2) and (3), the payment period for a primary person is the period that:\n\n(a) starts on the day that is 14 days before the day on which he or she makes:\n\n(i) a claim under section 319 of the MRCA of a kind covered by paragraph 319(1)(a) of that Act; or\n\n(ii) a claim under section 54 of the DRCA; and\n\n(b) ends on the day that is 42 days after the day on which that claim is determined.\n\n(2) If the person’s claim under paragraph 319(1)(a) of the MRCA is for more than one:\n\n(a) injury (within the meaning of that Act) sustained by the primary person that is a mental injury, including the recurrence of a mental injury; or\n\n(b) disease (within the meaning of that Act) contracted by the primary person that is a mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), including the recurrence of such an ailment, disorder, defect or morbid condition;\n\nthe payment period ends on the day that is 42 days after the day of the determination of the last mental injury, or the mental ailment, disorder, defect or morbid condition, as the case requires.\n\n(3) If the person’s claim under section 54 of the DRCA is for more than one:\n\n(a) injury (within the meaning of that Act) sustained by the primary person that is a mental injury, including the recurrence of a mental injury; or\n\n(b) injury that is a disease (within the meaning of that Act) suffered by the primary person that is a mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), including the aggravation of such an ailment, disorder, defect or morbid condition;\n\nthe payment period ends on the day that is 42 days after the day of the determination of the last mental injury, or the mental ailment, disorder, defect or morbid condition, as the case requires.\n\nPart 2 — Primary person\n\n7 Application of Part\n\nThis Part applies to the making of a veteran payment to a primary person.\n\n8 Eligibility of primary person for veteran payment\n\nA primary person is eligible for a veteran payment if he or she meets the criteria in paragraphs 45SB(1)(a) to (g) of the Act.\n\nNote 1: Even though a primary person is eligible for a veteran payment, the veteran payment may not be payable to the primary person in certain circumstances including:\n\n(a) the payment period for the veteran payment has ended (see section 10 of this instrument);\n\n(b) the person is in gaol or in psychiatric confinement (see sections 55 and 55A of the Act);\n\n(c) the person is receiving another pension or compensation (see section 45SB(7) of the Act);\n\n(d) the person is receiving a payment under ABSTUDY (see section 45SB(9) of the Act);\n\n(e) the veteran payment is cancelled or suspended (see sections 56E, 56EA, 56J and 56K of the Act and section 18 of this instrument); and\n\n(f) the person has not provided a tax file number (see section 128A of the Act).\n\nNote 2: A failure to provide income and assets information may result in a veteran payment being suspended or cancelled (see sections 54A, 54AA and 56EA of the Act.)\n\n9 Conditions for payment of veteran payment to primary person\n\nIf a primary person is capable of participating in rehabilitation, payment of a veteran payment to the person is subject to the condition that he or she participates in rehabilitation.\n\nNote: A failure to participate in rehabilitation may result in a veteran payment being suspended (see section 18 of this instrument)\n\n10 Duration of veteran payment to primary person\n\nSubject to section 11, a veteran payment is payable to a primary person for the person’s payment period.\n\n11 Death of primary person – effect on veteran payment payable to primary person\n\n(1) If:\n\n(a) the primary person dies; and\n\n(b) the primary person is receiving a veteran payment immediately before his or her death;\n\nthe veteran payment ceases to be payable to the primary person on the date of his or her death.\n\n(2) If:\n\n(a) the primary person dies; and\n\n(b) the death of the primary person is before the Commission decides whether the primary person is eligible for a veteran payment; and\n\n(c) but for the death of the primary person, a veteran payment would have been payable to him or her;\n\na veteran payment is payable to the legal personal representative of the primary person, or a person approved by the Commission, up to and including the date of his or her death.\n\nPart 3 — Partner of primary person\n\n12 Application of Part\n\nThis Part applies to the making of a veteran payment to the partner of a primary person.\n\n13 Eligibility of partner of primary person for veteran payment\n\nThe partner of a primary person is eligible for a veteran payment if the circumstances in paragraphs 45SB(2)(a) and (b) of the Act are satisfied.\n\nNote 1: Even though the partner of a primary person is eligible for a veteran payment, the veteran payment may not be payable to the partner in certain circumstances including:\n\n(a) the partner is in gaol or in psychiatric confinement (see sections 55 and 55A of the Act);\n\n(b) the partner is receiving another pension or compensation (see section 45SB(7) of the Act);\n\n(c) he or she is a wholly dependent partner of a deceased member (see section 45SB(8) of the Act);\n\n(d) the partner is receiving a payment under ABSTUDY (see section 45SB(9) of the Act);\n\n(e) the veteran payment is cancelled or suspended (see sections 56E, 56EA, 56J and 56K of the Act and section 18 of this instrument); and\n\n(f) the partner has not provided a tax file number (see section 128A of the Act).\n\nNote 2: A failure to provide income and assets information may result in a veteran payment being suspended or cancelled (see sections 54A, 54AA and 56EA of the Act.)\n\n14 Duration of veteran payment to partner of primary person\n\nSubject to section 15, a veteran payment is payable to the partner of a primary person for the period that the primary person is receiving a veteran payment.\n\n15 Death of primary person or partner – effect on veteran payment payable to partner\n\n(1) If:\n\n(a) a primary person dies; and\n\n(b) the primary person is receiving a veteran payment immediately before his or her death; and\n\n(c) the primary person’s partner is receiving a veteran payment immediately before that death;\n\nthe veteran payment continues to be payable to the partner for a period of 42 days starting on the date of that death.\n\n(2) If:\n\n(a) a primary person dies; and\n\n(b) the death of the primary person is before the Commission decides whether the primary person is eligible for a veteran payment; and\n\n(c) but for the death of the primary person, a veteran payment would have been payable to the partner of the primary person;\n\na veteran payment is payable to the partner for the period starting 14 days before the day on which the primary person makes his or her claim under the MRCA or the DRCA and ending 42 days after the date of the primary person’s death.\n\n(3) If:\n\n(a) the partner of a primary person dies; and\n\n(b) the partner is receiving a veteran payment immediately before his or her death;\n\nthe veteran payment ceases to be payable to the partner on the date of his or her death.\n\nPart 4 — Other matters\n\n16 Person can receive only one veteran payment for a period\n\nIf a person receives a veteran payment for a period (whether as a primary person or as the partner of a primary person), he or she cannot receive another veteran payment for the same period.\n\n17 Extension of veteran payment in special circumstances\n\nThe Commission may extend the period of payment for a veteran payment to a person if the Commission is satisfied that there are special circumstances.\n\n18 Suspension of veteran payment\n\n(1) If a person who is receiving a veteran payment fails to participate in rehabilitation to the satisfaction of the Commission, the Commission may determine in writing that the veteran payment payable to the person or the partner of the person (if any), or both, is to be suspended.\n\n(2) A determination made under subsection (1) takes effect on the day that the determination is made or on such later day or earlier day as is specified in the determination.\n\n(3) If the Commission later becomes satisfied that the person is participating in the rehabilitation to the satisfaction of the Commission, the Commission may end the suspension by determination in writing.\n\n(4) A determination made under subsection (3) takes effect on the day that the determination is made or on such later day or earlier day as is specified in the determination.\n\nNote: This section is in addition to the suspension powers in sections 56E, 56EA, 56J and 56K of the Act.\n\n19 Duties of Commission in relation to veteran payment\n\n(1) The Commission must determine eligibility for a veteran payment as follows:\n\n(a) first, the Commission must determine whether a person is eligible for a veteran payment; and\n\n(b) if the Commission determines that the person is eligible for a veteran payment, the Commission must then:\n\n(i) work out the person’s veteran payment rate under subsection 45SB(6) of the Act; and\n\n(ii) determine that a veteran payment is payable to the person at that rate.\n\n(2) The Commission must make a written record of its determination.\n\n(3) The Commission must also make a statement in writing that provides reasons for the Commission’s determination.\n\n(4) As soon as practicable after the Commission makes a determination, the Commission must give the person to whom the determination relates:\n\n(a) a copy of the record of the Commission’s determination; and\n\n(b) subject to subsection (5), a copy of the statement referred to in subsection (3); and\n\n(c) particulars of the right of the person to have the determination reviewed by the Commission.\n\n(5) If the statement referred to in paragraph (4)(b) contains any matter that in the opinion of the Commission:\n\n(a) is of a confidential nature; or\n\n(b) might, if communicated to the person to whom the determination relates, be prejudicial to his or her physical or mental health or well-being;\n\nthe copy given to the person is not to contain the matter.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument appears tightly scoped to its original purpose of establishing interim payments for mental health claims. It does not appear to have expanded beyond the specific interim payment mechanism described in section 45SB of the Veterans' Entitlements Act 1986."},"complexity_factors":["Multiple cross-references to three different Acts (Veterans' Entitlements Act 1986, MRCA, and DRCA) requiring readers to understand the interaction between compensation schemes","Nested conditional logic for payment periods, particularly sections 6(2) and 6(3) which create different end dates depending on whether multiple mental injuries or diseases are claimed","Dual pathways for primary persons and partners with slightly different eligibility rules and duration calculations (Parts 2 and 3)","Extensive note references pointing to external suspension and cancellation provisions in the parent Act rather than containing these rules within the instrument itself","Complex date calculations involving pre-claim periods (14 days before) and post-determination periods (42 days after), with variations for death scenarios","Conditional rehabilitation requirements that trigger suspension powers"],"plain_english_summary":"This instrument creates a temporary \"veteran payment\" providing interim financial support to current and former ADF members (and their partners) who lodge a claim for a mental health condition under MRCA or DRCA. It runs from 14 days before lodgement until 42 days after a decision (or after the last condition is determined).\n\nThe payment stops for imprisonment, receipt of other compensation, failure to comply with requirements (eg. rehabilitation or TFN), or in prescribed circumstances, and can be extended in special cases."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument implements and specifies operational rules for the interim veteran payment power authorised by section 45SB of the Veterans’ Entitlements Act. It does not broaden the class of persons who may receive the payment beyond the Act’s description (primary persons with MRCA/DRCA mental injury/disease claims and their partners). It does, however, add operational detail and discretion — notably (a) precise timing rules for start/end of the payment period including multi-claim handling (section 6), (b) suspension and extension discretions for the Commission (sections 17–18), and (c) procedural requirements for written reasons and records (section 19). Those procedural and discretionary elements change how the scheme operates in practice but do not materially expand its statutory scope."},"complexity_factors":["Instrument is short (19 sections plus introductory material).","Five terms are explicitly defined in the instrument (Act, DRCA, MRCA, payment period, primary person) and two more are taken from the Act (Commission, Partner).","Multiple cross-references to external Acts and many provisions of the Veterans’ Entitlements Act (notably section 45SB, and suspension/eligibility/TFN provisions: ss.55, 55A, 56E, 56EA, 56J, 56K, 128A, 54A, 54AA).","Conditional timing logic for payment period (starts 14 days before claim; ends 42 days after determination) plus nested exceptions for multiple mental injury/disease claims (sections 6(1)–(3)).","Several conditional exclusions and administrative triggers (gaol, psychiatric confinement, other pensions/ABSTUDY, TFN, non‑provision of income/assets) add branching in eligibility determination (notes to ss.8 &13).","Discretionary powers (extend payments in \"special circumstances\" (s17); suspend for failure to participate in rehabilitation (s18)) introduce case-by-case variability and require internal guidelines.","Procedural duties impose mandatory recording and reasons obligations, with a limited confidentiality carve‑out (s19), adding formalities for decision-making and reviewability."],"plain_english_summary":"**What this instrument does, in plain English**\n\n- It sets out the detailed rules for an interim cash payment called the \"veteran payment\" that the Repatriation Commission can make to certain serving or former Australian Defence Force members (and to their partners) who have lodged a claim for a mental injury or mental disease under the Military Rehabilitation and Compensation Act 2004 (MRCA) or the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) (see sections 4, 5 and 6).\n\n- The instrument specifies exactly when the payment starts and stops (the “payment period”), who is a \"primary person\" (the person who lodged the claim), what happens if there are multiple mental injury/disease claims, and what happens on death of the primary person or partner (sections 6, 10, 11, 14, 15).\n\n- It sets eligibility and exclusion mechanics: a primary person or their partner is eligible only if they meet the criteria in the Veterans’ Entitlements Act 1986 (the Act) (section 8 and 13), and payment can be blocked if the person is in gaol, receiving other specified payments, has not provided a tax file number, or has failed to provide required income/assets information (notes to sections 8 and 13 and cross-references to the Act).\n\n- Payment is conditional on participation in rehabilitation when the primary person is capable of participating; failure to participate can lead to suspension (section 9 and section 18). The Commission also has explicit powers to suspend, end a suspension, or extend payments in “special circumstances” (sections 17 and 18).\n\n- Procedural obligations on the Commission are set out: the Commission must decide eligibility first, then calculate the rate, record its decision in writing, give reasons and provide the affected person with the decision and review rights (section 19). The Commission may withhold parts of the written reasons if those parts are confidential or could harm the person’s health (section 19(5)).\n\n**Who this affects and who decides**\n\n- Who benefits: qualifying claimants for mental injury/disease under MRCA/DRCA and, in certain circumstances, their partners (Parts 2 and 3).\n- Who pays/makes the decision: the Repatriation Commission determines eligibility, sets the rate (under the Act) and authorises payment (section 19). In practice the money is paid under the Act’s program framework (this instrument does not create a separate funding source).\n- Who bears administrative cost: the Department/Commission that runs the scheme must administer payments, record decisions and monitor rehabilitation participation.\n\n**How it works mechanically (key points)**\n\n- Timing: a veteran payment starts 14 days before the day the claim is made and (unless other rules apply) ends 42 days after the claim is determined (section 6(1)). If multiple mental-injury/disease claims apply, the end date is 42 days after the last determination (sections 6(2)–(3)).\n- Single-payment rule: a person cannot receive two veteran payments for the same period (section 16).\n- Partner rules: a partner can receive payment while the primary person is receiving it; special death rules preserve short-term continuity for the partner (sections 12–15).\n- Suspension: if the Commission is not satisfied that the person is participating in rehabilitation, it may suspend payments by written determination; it can later end the suspension in writing (section 18).\n- Record-keeping and review: the Commission must give written records, reasons and review rights to the person (section 19).\n\n**Stated purpose and how it interacts with incentives, costs and compliance**\n\n- The instrument’s stated purpose is to provide an interim payment to people with mental injury/disease claims while the claim is decided (section 4). That creates a short-term income support flow to claimants during claim processing.\n\n- Incentives and behaviour: payment is explicitly tied to participation in rehabilitation where the person is capable of doing so (section 9). This creates an incentive for claimants to engage in rehabilitation activities; non‑participation may lead to suspension (section 18).\n\n- Costs and who pays: the government (through the Commission) funds the interim payments. Costs are concentrated on eligible claimants (benefits) and diffuse across taxpayers (costs). The instrument shifts some administrative burden to the Commission to track participation, issue written determinations and manage suspensions and extensions (section 19).\n\n- Compliance and documentation burden on recipients: claimants must provide tax file numbers and possibly income and assets information to avoid suspension or cancellation (notes to sections 8 and 13 and cross-references to the Act). They must also participate in rehabilitation when capable (section 9).\n\n- Discretion and implementation risk: the Commission has discretion to suspend payments for failure to participate, to extend payments in special circumstances and to withhold sensitive material from the reasons it supplies (sections 17–19). That discretion can produce variation in outcomes and increases administrative decision-making costs. Clarity of internal guidelines and transparent decision-writing will affect consistency and reviewability.\n\n- Interaction with other benefits: the instrument prevents double-payment where the person receives other specified pensions, compensation or ABSTUDY (notes to sections 8 and 13; see also section 45SB of the Act). This reduces duplication but requires cross-checking between programs.\n\n**Trade-offs and likely practical consequences**\n\n- The measure speeds a short-term cash flow to claimants with mental injuries or diseases while claims are decided (benefit to individuals during delays).\n- It imposes monitoring and conditionality (rehabilitation participation), which raises administrative costs and requires evidence and decision-making resources within the Commission.\n- The instrument preserves protections (sensitive reasons withheld) and offers review rights, balancing transparency with client welfare (section 19(5)).\n\n**Concrete sections to look at for specifics**\n\n- Payment timing and multiple-claim handling: section 6.\n- Eligibility and exclusions: sections 8 and 13 (with cross-references to the Act for gaol, other pensions, ABSTUDY and TFN rules).\n- Rehabilitation condition and suspension: sections 9 and 18.\n- Duration, partner and death rules: sections 10–15.\n- Commission duties, records and reasons: section 19.\n\nOverall, this instrument operationalises the Act’s temporary payment power for mental-injury/disease claims by defining periods, eligibility details, conditionality (rehabilitation), suspension and procedural obligations on the Commission. It concentrates benefits on eligible claimants and places monitoring and decision-making obligations on the Commission; it does not create new classes of recipients beyond those in the Act but gives the Commission discretion to manage payments on an individual basis (see sections 17–19)."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/veterans-entitlements-veteran-payment-instrument-2018","history":"/api/acts/veterans-entitlements-veteran-payment-instrument-2018/history","analysis":"/api/acts/veterans-entitlements-veteran-payment-instrument-2018/analysis","conflicts":"/api/acts/veterans-entitlements-veteran-payment-instrument-2018/conflicts","importantCases":"/api/acts/veterans-entitlements-veteran-payment-instrument-2018/important-cases","documents":"/api/acts/veterans-entitlements-veteran-payment-instrument-2018/documents"}}