Turn the raw legal text into a practical explanation grounded in Veterans' Entitlements (Pension Bonus Scheme – Non-accruing Members) Declaration 2018.
made under subsection 45TO(1) of the Veterans’ Entitlements Act 1986
Compilation No. 1
Compilation date: 25 December 2020
Includes amendments up to: F2021L00092
About this compilation
This compilation
This is a compilation of the Veterans' Entitlements (Pension Bonus Scheme – Non-accruing Members) Declaration 2018 that shows the text of the law as amended and in force on 25 December 2020 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
8 Period for which a member is a non‑accruing member..............3
9 Special provisions in relation to Cyclone Larry........................3
10 Special provisions in relation to the impact of coronavirus known as COVID‑19 4
Endnotes 5
Endnote 1—About the endnotes 5
Endnote 2—Abbreviation key 6
Endnote 3—Legislation history 7
Endnote 4—Amendment history 8
1 Name
This declaration is the Veterans' Entitlements (Pension Bonus Scheme – Non-accruing Members) Declaration 2018.
3 Authority
This declaration is made under subsection 45TO(1) of the Veterans’ Entitlements Act 1986.
5 Savings
A person who, immediately before the commencement of this declaration, was declared to be a non-accruing member under the revoked declaration is taken to be a non-accruing member under this declaration as if this declaration declared the person as a non-accruing member.
6 Definitions
Note: A number of expressions used in this Declaration are defined in the Act, including the following:
(a) in gaol;
(b) partner;
(c) psychiatric confinement
(d) Social Security Act
In this Declaration:
Act means the Veterans’ Entitlements Act 1986.
gainful work has the same meaning as in Part IIIAB of the Act (see section 45TA of the Act).
major disaster has the same meaning as in section 23 of the Social Security Act.
passing the work test has the same meaning as in Part IIIAB of the Act (see section 45TA of the Act).
revoked declaration means the Veterans’ Entitlements (Pension Bonus Scheme – Non-accruing Members) Declaration 2007.
7 Kinds of non‑accruing members
For the purposes of subsection 45TO(1) of the Act, each of the following kinds of member of the pension bonus scheme is declared to be a non‑accruing member throughout the period ascertained in accordance with section 8 of this Declaration:
(a) a member who is a Community Development Employment Project (CDEP) Scheme participant within the meaning of section 23 of the Social Security Act;
(b) a member who is in gaol;
(c) a member who is undergoing psychiatric confinement because the member has been charged with committing an offence;
(d) a member who was not a participant in the workforce, but whose partner:
(i) was a participant in the workforce; and
(ii) was not a registered member of the pension bonus scheme or the corresponding scheme under Part 2.2A of the Social Security Act; and
(iii) intended to become a registered member of the pension bonus scheme or the corresponding scheme under Part 2.2A of the Social Security Act;
(e) a member who is on paid or unpaid leave of any kind, or combination of kinds, from gainful work and who is unable to pass the work test for a bonus period during which any part of the leave is taken;
(f) a member whose partner is on paid or unpaid leave of any kind, or combination of kinds, from gainful work and who is unable to pass the work test for a bonus period during which any part of the leave is taken;
(g) a member who is:
(i) the surviving member of a couple; and
(ii) undergoing a period of bereavement; and
(iii) unable to pass the work test for a bonus period during which the period of bereavement occurs;
(h) a member who is unable to pass the work test for a bonus period because the amount of gainful work available to him or her in the bonus period is reduced by a major disaster;
(i) a member whose partner is a member of either the pension bonus scheme or the corresponding scheme under Part 2.2A of the Social Security Act and:
(i) if the partner is a member of the pension bonus scheme—the partner is unable to pass the work test for a bonus period because the amount of gainful work available to the partner in the bonus period is reduced by a major disaster; or
(ii) if the partner is a member of the corresponding scheme under Part 2.2A of the Social Security Act—the partner is unable to pass the work test (within the meaning of that Part) for a bonus period (within the meaning of that Part) because the amount of gainful work available to the partner in the bonus period is reduced by a major disaster.
(j) a member who:
(i) has received compensation and to whom a designated pension would not have been payable during a period (the compensation period) if the member had not reached pension age and the pension was a compensation affected pension; and
(ii) is unable to pass the work test for a bonus period during which the compensation period occurs.
Note: For paragraphs (h) and (i), for the application of this instrument in relation to Cyclone Larry, a major disaster that occurred in 2006, see section 9.
8 Period for which a member is a non‑accruing member
(1) A member of the pension bonus scheme to whom a paragraph of section 7 applies is a non‑accruing member throughout the period during which the member is a member of the kind mentioned in the paragraph.
(2) However, for a member to whom a paragraph of section 7 mentioned in the following table applies, subsection (1) is subject to the time limit shown.
Item
Paragraph of section 7
Time limit
1
(e), (f)
26 weeks
2
(g), (h), (i)
13 weeks
(2A) If the member is of a kind mentioned in paragraph 7(h) or (i), the period during which the amount of gainful work is reduced by a major disaster may include a period during which preparations are made to manage an impending disaster.
Example: The period during which an evacuation of an area occurs shortly before a cyclone is predicted to reach the area.
Note: Paragraphs 7(h) and (i) deal with when a member or their partner is unable to pass the work test because of a reduction in the amount of gainful work that is available due to a major disaster.
(3) A member mentioned in paragraph 7 (j) is a non‑accruing member during the whole or part of the compensation period during which the member is unable to pass the work test.
9 Special provisions in relation to Cyclone Larry
(1) This section applies to a member of the pension bonus scheme:
(a) who was unable to pass the work test for a bonus period because the amount of gainful work available to him or her in the bonus period had been reduced by the effects of Cyclone Larry; or
(b) whose partner was a member of either the pension bonus scheme or the corresponding scheme under Part 2.2A of the Social Security Act and:
(i) if the partner was a member of the pension bonus scheme—the partner was unable to pass the work test for a bonus period because the amount of gainful work available to the partner in the bonus period had been reduced by the effects of Cyclone Larry; or
(ii) if the partner was a member of the corresponding scheme under Part 2.2A of the Social Security Act the partner was unable to pass the work test (within the meaning of that Part) for a bonus period (within the meaning of that Part) because the amount of gainful work available to the partner had been reduced by the effects of Cyclone Larry.
(2) For the purposes of subsection 45TO(1) of the Act, the member is declared to be a non‑accruing member throughout the period during which the member was a member of the kind mentioned in subsection (1) of this section:
(a) from the date, not before 1 March 2006, that:
(i) for a member mentioned in paragraph (1) (a) — the member was unable to pass the work test due to the effects of Cyclone Larry; or
(ii) for a member mentioned in paragraph (1) (b) — the member’s partner was unable to pass the work test due to the effects of Cyclone Larry; and
(b) up to a maximum of 13 weeks.
Note: 1March 2006 is the date from which people are taken to be affected by preparation for Cyclone Larry.
10 Special provisions in relation to the impact of coronavirus known as COVID‑19
(1) For the purposes of subsection 45TO(1) of the Act, a member of the pension bonus scheme covered by subsection (2) is declared to be a non‑accruing member throughout the period ascertained in accordance with subsection (3).
(2) A member of the pension bonus scheme is covered by this subsection if:
(a) the member is unable to pass the work test for a bonus period due to the impact of the coronavirus known as COVID‑19; or
(b) the member’s partner is a member of the pension bonus scheme or the corresponding scheme under Part 2.2A of the Social Security Act; and
(i) if the partner is a member of the pension bonus scheme—the partner is unable to pass the work test for a bonus period due to the impact of the coronavirus known as COVID‑19; or
(ii) if the partner is a member of the corresponding scheme under Part 2.2A of the Social Security Act—the partner is unable to pass the work test (within the meaning of that Part) for a bonus period (within the meaning of that Part) due to the impact of the coronavirus known as COVID‑19.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.