20When veterans’ supplement applies

20 When veterans’ supplement applies

(1) The veterans’ supplement applies to a care recipient (in this Division called an eligible care recipient) in respect of a day if: (a) on that day: (i) there was in force a home care agreement under which the care recipient was to be provided with home care by an approved provider, whether or not the care was provided on that day; and (ii) the care recipient was a veteran who had an accepted mental health condition; and (b) the care recipient has, before, on or after that day, authorised: (i) the Secretary of the Department administered by the Minister administering the Veterans’ Entitlements Act 1986; and (ii) the Secretary of the Department administered by the Minister administering the Human Services (Centrelink) Act 1997; to disclose to the approved provider that the care recipient is a veteran with an accepted mental health condition. (2) In this section:

accepted mental health condition means a mental health condition for which:

(a) the Repatriation Commission has accepted liability to pay a pension under the Veterans’ Entitlements Act 1986; or
(b) the Military Rehabilitation and Compensation Commission has accepted liability to pay compensation under the Military Rehabilitation and Compensation Act 2004 or the Safety, Rehabilitation and Compensation Act 1988.

veteran means a person:

(a) who is taken, under section 7 of the Veterans’ Entitlements Act 1986, to have rendered eligible war service; or
(b) in respect of whom a pension is payable under subsection 13(6) of that Act; or
(c) who is:
(i) a member of the Forces within the meaning of subsection 68(1) of that Act; or
(ii) a member of a Peacekeeping Force within the meaning of that subsection; or
(d) who is:
(i) a member within the meaning of the Military Rehabilitation and Compensation Act 2004; or
(ii) a former member within the meaning of that Act; or
(e) who is an employee within the meaning of the Safety, Rehabilitation and Compensation Act 1988.

Note: The Acts mentioned in paragraphs (c) and (e) provide that, in some cases:

(a) a member of the Forces, or a member of a Peacekeeping Force, includes a person who is no longer serving; and
(b) an employee includes a person who has ceased to be an employee.