CONSEQUENTIAL AMENDMENTS OF THE VETERANS’ ENTITLEMENTS ACT 1986
Paragraph 10 (1) (a):
Omit “wife”, substitute “partner”.
Subparagraph 10 (2) (a) (i):
Omit “husband”, substitute “partner”.
Subparagraphs 11 (1) (a) (i), (ii) and (iii):
Omit the subparagraphs, substitute:
“(i) the partner of the veteran;
(ii) a non-illness separated wife of the veteran;
(iii) a widow of the veteran;
(iv) a child of the veteran;”.
After subsection 11 (1):
“Note: a veteran may have more than one dependant of the kind referred to in subparagraphs (i) to (iii) at the same time.”.
Subsection 13 (11):
Omit all words from and including “veteran described in paragraph (a)”, substitute “person (including a deceased person) who is, because of section 7, taken to have rendered eligible war service”.
Paragraph 30 (2) (a):
Omit “if the spouse of the deceased veteran is also dead”, substitute “if there is no widow or widower of the veteran”.
Paragraph 30 (2) (b):
Omit “if the spouse of the deceased veteran is alive”, substitute “if there is a widow or widower of the veteran”.
Subsection 30 (4):
Paragraph 74 (12) (a):
Omit “spouse”, substitute “widow”.
Paragraph 80 (2) (a):
Paragraph 80 (2) (c):
Paragraph 81 (2) (b):
Omit “, not being a service pension, a wife’s service pension or a carer’s service pension”, substitute “(other than a service pension)”.
“(5) A veteran referred to in section 53d is eligible to be provided with treatment under this Part for any injury suffered, or disease contracted, by the veteran, whether before or after the commencement of this Act.
Note: section 53d refers to veterans receiving age or invalidity service pension who satisfy the fringe benefits tests in Division 15 of Part III.”.
Subsections 85 (5a) and (6):
Paragraph 85 (7) (b):
Omit “or a wife’s service pension”, substitute “(other than a carer service pension)”.
Omit “carer’s service pension under section 41”, substitute “carer service pension under Division 6 of Part III”.
Paragraph 98 (4a) (b):
“(b) would be payable, but for action taken:
(i) under section 56e (cancellation or suspension) because the person has contravened a provision of this Act (other than subsection 54 (6) or 128 (4)); or
(ii) under subsection 205 (2) (deductions to recover overpayments);
in relation to a carer service pension;”.
Subsection 98a (1):
“(1) This section applies where a veteran dies if the veteran was, immediately before his or her death:
(a) a member of a couple; and
(b) receiving a disability pension.”.
Subsection 98a (6) (definitions of “married veteran”, “widow” and “widower”):
Omit the definitions.
Paragraph 113 (1) (c):
Subsection 115 (5):
(a) Omit “60 and 62” (twice occurring), substitute “57d, 57e and 57f”.
(b) Omit “59” (twice occurring), substitute “Division 19 of Part III”.
(c) Omit “60”, substitute “57f”.
Section 118a (subparagraphs (a) (i) and (ii) of the definition of “eligible pensioner”):
Omit the subparagraphs, substitute:
“(i) who is receiving a service pension; and
(ii) whose rate of service pension is not reduced because of:
(a) Modules D, E or F of the Service Pension Rate Calculator at the end of section 41; or
(b) Modules E, F or G of the Service Pension Rate Calculator at the end of section 42; or
(c) Modules C or D of the Service Pension Rate Calculator at the end of section 43; or
(d) Modules D, E or F of the Service Pension Rate Calculator at the end of section 44; or”.
Section 118a (definition of “special wife service pensioner”):
Omit the definition, substitute:
“ ‘special wife service pensioner’ means a woman who either:
(a) is:
(i) a non-illness separated wife who is receiving wife service pension; and
(ii) is neither the partner of an eligible pensioner within the meaning of section 118a of this Act nor the partner of an eligible 1947 Act pensioner or eligible 1991 Act pensioner within the meaning of section 19a of the Social Security Act; or
(b) is:
(i) receiving wife service pension because of paragraph 38 (1) (c) or (d); and
(ii) is neither the partner of an eligible pensioner within the meaning of section 118a of this Act nor the partner of an eligible 1947 Act pensioner or eligible 1991 Act pensioner within the meaning of section 19a of the Social Security Act;”.
Subsection 118d (2):
“(2) The rate of pharmaceutical supplement for a person:
(b) who is not a special wife service pensioner; is $2.50 per fortnight.
Note: for ‘partnered (partner receiving pension or benefit)’ see paragraph 5e (5) (c). ‘.
Subsection 118f (2):
“(2) The amount of advance pharmaceutical supplement for a person:
(b) who is not a special wife service pensioner;
is $25 per fortnight.
Section 118g:
Omit “spouse” (wherever occurring), substitute “partner or non-illness separated wife”.
Subsection 118g (4):
“(4) The amount of a further advance pharmaceutical supplement for a person:
(b) who is not a special wife service pensioner;
is $17.50 per fortnight.
Section 118h:
Omit “spouse” (wherever occurring), substitute “partner or non-illness separated wife”.
Subsection 118h (5):
Omit “Where paragraph 47 (1) (b) applies to a person (other than a special wife service pensioner),”, substitute “Where a person:
(a) is partnered (partner receiving pension or benefit); and
(b) is not a special wife service pensioner;”.
Subparagraph 118j (3) (b) (ii):
Paragraph 118ja (a):
“(a) a service pension; or”.
Subsection 118jb (2):
“(2) The rate of pharmaceutical allowance for a person:
(b) who is not a special wife service pensioner; is $2.50 per fortnight.
Subparagraph 118k (2) (b) (ii):
Subsection 118m (1):
Omit all words from and including “ ‘X’ means”, substitute: “ ‘X’ means:
(a) except where paragraph (b) applies—5; or
(b) in the case of a person (other than a special wife service pensioner) who is partnered (partner receiving pension or benefit)—2.5.”.
Subsections 118n (1) and (2):
Paragraph 119 (1) (b):
Omit the paragraph, substitute the following:
“(b) a review, under Division 19 of Part III, of a decision of the
Commission with respect to a service pension or qualifying
service;”.
Paragraph 119 (1) (e):
Subsection 119 (2) (paragraph (a) of the definition of “application”):
Subsection 119 (2) (paragraph (b) of the definition of “claim”):
“(b) a claim for service pension or other benefit under Part III; or
(c) a claim for a qualifying service determination under Part III.”.
(b) Omit “section 59”, substitute “Division 19 of Part III, section”.
Subsection 174 (2):
“(2) In this Part:
‘veteran’ includes:
(a) a Commonwealth veteran; and
(b) an allied veteran; and
(c) an Australian mariner; and
(d) an allied mariner; and
(e) a member of the Forces, or a member of a Peacekeeping Force, as defined by subsection 68 (1).”.
Subsection 175 (2):
“(2) Where the Commission, under section 57b, affirms a decision of the Commission referred to in section 57 or sets it aside and substitutes another decision for it, a person may apply to the Administrative Appeals Tribunal for a review of the decision so affirmed or substituted.
“(2a) A person’s right to apply to the Administrative Appeals Tribunal under subsection (2) is subject to section 29 of the Administrative Appeals Tribunal Act 1975.
Note: section 29 of the Administrative Appeals Tribunal Act 1975 deals with the manner of applying for review.”.
Paragraph 176 (3) (a):
Omit “62”, substitute “57e”.
Subsection 176 (8):
Omit all words from and including “under sub-section 58 (1)”, substitute:
“(a) to cancel or suspend a service pension under section 56e; or
(b) to reduce the rate of a service pension under section 56d; or
(c) to increase the rate of a service pension under section 56c; and the decision was one that was:
(d) affirmed by the Commission under section 57b; or
(e) made by the Commission in substitution for a decision set aside under section 57b;
the Administrative Appeals Tribunal need not make another decision in substitution for the decision set aside by it.”.
Subsection 177 (5):
Omit “59” (3 times occurring), substitute “57b”.
Subsection 189 (5) (definition of “pension”):
Omit “, a wife’s service pension, a carer’s service pension,”.
Subsection 198 (1) (definition of “relevant amount”):
Subsection 198 (1) (paragraphs (f), (g) and (h) of the definition of “relevant rate”):
Omit the paragraphs.
Subsection 198 (1) (definition of “relevant year”):
Subsection 198 (1) (definition of “rent assistance amount”):
Paragraphs 198 (4) (aa) and (c):
Omit the paragraphs.
Subsection 198 (4a):
Subsection 198 (5):
Omit “or (4a)”.
Subsections 198 (5b), (5c), (5e) and (5f):
Subsections 198 (6), (7), (8) and (9):
Subsection 198 (10):
(a) Omit “relevant year”.
(b) Omit “or year” (wherever occurring).
Sections 198b and 198c:
Repeal the sections.
Subsection 201 (5) (definition of “veteran”):
Omit the definition, substitute: “ ‘veteran’ includes:
(a) a Commonwealth veteran; and
(b) an allied veteran; and
(c) an Australian mariner; and
(d) an allied mariner; and
(e) a member of the Forces, or a member of a Peacekeeping Force, as defined by subsection 68 (1).”.
Section 207:
Image unavailable in extracted textRepeal the section.