Subsection 4 (1) (paragraphs (ga) and (gb) of the definition of “Australian Soldier”):
Omit “5 (12)”, substitute “5b (2)”.
Disability Services Act 1986
Paragraph 22 (4) (b):
Health Insurance Act 1973
Paragraph 3 (10) (b):
National Health Act 1953
Subsection 4 (1) (paragraph (b) of the definition of “pensioner”):
“(b) a person:
(i) who is receiving a service pension under Part III of the Veterans’ Entitlements Act 1986; and
(ii) who is eligible for fringe benefits under section 53a of that Act;”.
Paragraph 4 (3) (b):
Paragraph 84 (1) (paragraph (b) of the definition of “concessional beneficiary”):
Public Service Act 1922
Subsection 7 (1) (paragraphs (e) and (f) of the definition of “Returned Soldier”):
Omit “5 (12)”, substitute “5b (2)”.
Seamen’s War Pensions and Allowances Act 1940
Subsection 21 (11):
Omit “carer’s service pension under section 41”, substitute “carer service pension under Part III”.
Paragraph 21(11) (b):
“(b) would be payable, but for action taken:
(i) under section 56e (cancellation or suspension) of that Act because the person has contravened a provision of that Act (other than subsection 54(6) or 128 (4)); or (ii) under subsection 205 (2) (deductions to recover overpayments) of that Act;
in relation to a carer service pension;”.
Subsection 24b (6) (definition of “married Australian mariner”):
Omit “married veteran”, substitute “veteran who is a member of a couple”.
Subsection 24b (6) (definitions of “widow” and “widower”):
Omit “Part III”, substitute “section 5e”.
Paragraph 32aa (1) (a):
Omit “person’s spouse’s tax file number”, substitute “tax file number of the person’s partner or non-illness separated wife”.
Subsection 32ab (1):
Social Security Act 1991
Subparagraph 8 (8) (y) (viii):
Omit “Division 5a of.
Subsection 23 (1) (paragraph (f) of the definition of “dependent child add-on”):
“(f) Service Pension Rate Calculator Where There Are Dependent Children (point 42-C3) or Service Pension Rate Calculator For Blinded Veterans (point 43-C3);”.
Subsection 23 (1) (paragraph (f) of the definition of “guardian allowance”):
“(f) Service Pension Rate Calculator Where There Are Dependent Children (point 42-C5);”.
Subsection 23 (1) (paragraph (b) of the definition of “service pension”):
“(b) an invalidity service pension under Part III of the Veterans’ Entitlements Act; or”.
Social Security and Veterans’ Affairs Legislation Amendment Act 1988
Section 30:
Rent assistance—boarders and lodgers (changes introduced on 12 June 1989)
“30. (1) If:
(a) immediately before 12 June 1989:
(i) a person was receiving a service pension under or because of the Veterans’ Entitlements Act 1986; and
(ii) the person’s service pension rate included an amount by way of rent assistance in respect of payments made for board and lodging; and
(b) at all times since 12 June 1989, the person:
(i) has been receiving a service pension; and
(ii) has been a boarder;
the amount by way of rent assistance included in the person’s service pension rate is not to fall below the floor amount.
(a) a decision is made under the Veterans’ Entitlements Act 1986 on or after 12 June 1989 that a person is entitled to rent assistance under that Act in respect of a period; and
(b) the period starts before 12 June 1989; and
(c) the period continued until at least 11 June 1989;
the person is to be taken, for the purposes of this section, to have been receiving rent assistance under that Act immediately before 12 June 1989.
(a) immediately before 12 June 1989, a person was receiving rent assistance under or because of the Social Security Act 1947 in respect of payments for board and lodging; and
(b) after that date, the person becomes entitled to be paid a service pension under the Veterans’ Entitlements Act 1986; and
(c) subsection 18 (1) had not ceased to apply to the person until the person became entitled to that service pension; and
(d) at all times since the person became entitled to that service pension the person:
(i) has been receiving a service pension; and
(ii) has been a boarder;
the amount of rent assistance included in the person’s service pension rate is not to fall below the person’s floor amount.
“(4) For the purposes of subsections (1) and (3), the person’s floor amount is the amount by way of rent assistance that would be included in the person’s service pension rate if:
(a) that amount were calculated, subject to paragraph (b), under the Veterans’ Entitlements Act 1986 as in force immediately before 12 June 1989; and
(b) the Veterans’ Entitlements Act 1986 as in force at that time were modified as follows:
(i) the following paragraph applied instead of paragraph 55 (1) (a):
‘(a) the person pays, or is liable to pay, rent, other than government rent, at a rate exceeding $1,040 per year;’;
(ii) ‘the amount specified in paragraph (l) (a)’ were substituted for ‘$780’ in subparagraph 55 (3) (a) (i); and
(c) any increases in the amounts being paid by the person from time to time for board and lodging above the level being paid immediately before 11 June 1989 were disregarded.
“(5) Subsection (1) or (3) ceases to apply to a person’s service pension rate when the amount of rent assistance that the person would be entitled to because of that subsection is less than (or equal to) the amount of rent assistance that the person is entitled to under the Veterans’ Entitlements Act 1986.
“(6) Subsection (1) or (3) will not apply to a person again once it has ceased to apply to the person.
“(7) References in this section to payments for board and lodging include references to payments for accommodation and other services that are provided to a person who is residing in a nursing home.
“(8) In this section:
‘boarder’ means a person who ordinarily lives on premises where the person is provided with board and lodging.
Section 31:
Rent assistance—retirement village residents (changes introduced on 12 June 1989)
“31. (1) If:
(a) immediately before 3 November 1988:
(i) a person was receiving a service pension; and
(ii) the person’s service pension rate included an amount by way of rent assistance under or because of the Veterans’ Entitlements Act 1986; and
(b) at all times since 3 November 1988:
(i) the person has been entitled to a service pension; and
(ii) the person’s principal home has been in a retirement village;
the person is to be taken not to be an ineligible property owner for the purposes of the Veterans’ Entitlements Act 1986.
(a) immediately after 12 June 1989:
(i) a person was receiving a social security pension, social security benefit or family allowance supplement; and
(ii) the person’s pension, benefit or allowance rate included an amount by way of rent assistance because of the operation of subsection 19 (1) of the Social Security and Veterans’ Affairs Legislation Amendment Act 1988; and
(b) after 12 June 1989, the person began to receive a service pension under the Veterans’ Entitlements Act 1986; and
(c) subsection 19 (1) of the Social Security and Veterans’ Affairs Legislation Amendment Act 1988 applied to the person at all times between 12 June 1989 and the person’s commencing to receive the service pension; and
(d) at all times since the person commenced to receive the service pension:
(i) the person has continued to receive a service pension;
and
(ii) the person’s principal home has continued to be in the retirement village;
the person is to be taken not to be an ineligible property owner for the purposes of the Veterans’ Entitlements Act 1986.
“(3) If subsection (1) or (2) ceases to apply to the person, that subsection does not apply to the person again.
Social Security and Veterans’ Affairs Legislation Amendment Act (No. 4) 1989
“point 42-C7 of the Rate Calculator at the end of section 42 or by item 4 of Table C-2 of the Rate Calculator at the end of section 43 of the Veterans’ Entitlements Act 1986”.
Subsection 4 (4):
Omit all words from and including “then”, substitute:
“then:
(a) from that commencement until 30 June 1991, the person’s income is to continue to be reduced, by an amount in respect of that child worked out under section 37 of that Act until:
(i) the child stops being a dependent child; or
(ii) the person is no longer entitled to receive any kind of pension or allowance under Part III of that Act; and
(b) on and after 1 July 1991, if neither subparagraph (a) (i) nor (ii) has applied, the person’s ordinary income free area is increased, in respect of the child, in accordance with:
(i) points 42-E4 and 42-E7 of the Rate Calculator at the end of section 42; or
(ii) points 44-D4 and 44-D5 of the Rate Calculator at the end of section 44;
(as the case requires) until:
(iii) the child stops being a dependent child; or (iv) the person is no longer entitled to receive any kind of pension under Part III of that Act.”.
Social Security and Veterans’ Entitlements (Maintenance Income Test) Amendment Act 1988
Section 21:
Maintenance income test (changes introduced on 17 June 1988)
“21. (1) If:
(a) in the fortnight that ended on 16 June 1988:
(i) a person was receiving a service pension or a social security pension or social security benefit; and
(ii) the person had maintenance income; and
(b) at all times since 17 June 1988, the person has been receiving
a service pension or a social security pension or social security benefit; and
(c) immediately before the commencement of this section, subsection 21 (4) of the Social Security and Veterans’ Entitlements (Maintenance Income Test) Amendment Act 1988 had not ceased to apply to the person; and
(d) in a fortnight the person’s total income would otherwise be less than it was in the fortnight that ended on 16 June 1988;
the person’s service pension amount in that fortnight is to be such that the person’s total income for the fortnight is equal to the person’s total income for the fortnight that ended on 16 June 1988.
“(2) Subsection (1):
(a) has effect in spite of anything else in the Veterans’ Entitlements Act; and
(b) has effect subject to subclause (3); and
(c) does not apply if:
(i) the person was required by or under the Social Security Act 1947 or the Veterans’ Entitlements Act to notify the Department of the maintenance income that the person had in the fortnight that ended on 16 June 1988; and
(ii) the person failed to notify the Department of the maintenance income as required by or under that Act.
“(3) If subsection (1) ceases to apply to the person, this section will not apply to the person at any time after that cessation.
“(4) The person’s service pension amount in the fortnight is not to exceed:
(a) if the person had a dependent child or dependent children immediately before 17 June 1988—the amount of the service pension or social security pension or social security benefit received in the fortnight that ended on 16 June 1988; or
(b) if the person did not have a dependent child immediately before 17 June 1988—the amount of the service pension or social security pension or social security benefit received by the person in the fortnight that ended on 16 June 1988 increased to take account of any indexation increases, but no other increases, after 16 June 1988.
“(5) If:
(a) the person’s total income for the fortnight that ended on 16 June 1988 included an extra payment; and
(b) after 26 June 1989 the person is no longer entitled to an extra payment of the same kind because of a change in the person’s circumstances; and
(c) the change in circumstances is not a change in the person’s other income;
the person’s total income for the fortnight that ended on 16 June 1988 is to be taken, for the purposes of subsection (1) after the change in circumstances, to have been reduced by the amount of the extra payment.
Note: for ‘extra payment’ see subclause (7) below.
“(6) If the amount of:
(a) a pension received by the person under Part III of the Veterans’ Entitlements Act in the fortnight that ended on 16 June 1988;
or
(b) a benefit or allowance received by the person under the Social Security Act 1947 in the fortnight that ended on 16 June 1988;
is less than the amount of the person’s fortnightly rate of benefit, allowance or pension, the amount of the benefit, allowance or pension received by the person in that fortnight is to be taken, for the purposes of this section, to be the amount of the person’s fortnightly rate of the benefit, allowance or pension.
“(7) In this clause:
‘extra payment’ means:
(a) an additional payment for a partner made under:
(i) subsection 118 (2) of the Social Security Act 1947; or
(ii) Module C of Benefit Rate Calculator A of the Social Security Act 1991; or
(iii) Module C of Benefit Rate Calculator B of the Social Security Act 1991; or
(b) additional amounts for dependent children under:
(i) subsection 33 (3) or (4) of the Social Security Act 1947; or
(ii) the Social Security Act 1991; or
(iii) the Veterans’ Entitlements Act;
(c) an amount by way of rent assistance under the Social Security Act 1947, the Social Security Act 1991 or the Veterans’ Entitlements Act; or
(d) an amount by way of remote area allowance under the Social Security Act 1947, the Social Security Act 1991 or the Veterans’ Entitlements Act;
‘indexation increase’, in relation to a service pension or a social security pension or social security benefit, means an increase in the rate at which the pension or benefit is payable that has occurred because of an indexation provision;
indexation provision’ means a provision of the Social Security Act 1947, the Social Security Act 1991 or the Veterans’ Entitlements Act that provides for the rate of a pension or benefit to be increased periodically by reference to the quarterly All Groups Consumer Price Index numbers published by the Australian Statistician;
‘ordinary income’ does not include an amount that is disregarded under the Social Security Act 1947, the Social Security Act 1991 or the Veterans’ Entitlements Act because of an earnings credit scheme;
‘total income’, for a person in a period, means the sum of:
(a) the person’s ordinary income and maintenance income received in that period; and
(b) any service pension, social security pension or social security benefit received by the person in that period;
reduced by so much of that amount as:
(c) was received as arrears of payments due to the person before that period; and
(d) the Secretary is satisfied should be disregarded for the purposes of this section.”.
Veterans’ Affairs Legislation Amendment Act 1990
Subsection 93 (1):
Omit all words from and including “subsection 5 (12)”, substitute “subsection 5b (2) of the Veterans’ Entitlements Act 1986 applies in relation to the person as if the amendments made by section 19 of the Veterans’ Entitlements (Rewrite) Transition Act 1991 (as it relates to subsection 5b (2)) had not been made.”.
Subsection 93 (2):
Omit “paragraphs 37 (b) and (c) of this Act”, substitute “section 19 of the Veterans’ Entitlements (Rewrite) Transition Act 1991 (as it relates to subsection 5b (2))”.
Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986
Paragraph 4 (1) (d):
“(d) ‘widow’ has the same meaning as in section 5e of the Veterans’ Entitlements Act.”.
Paragraph 4 (2) (b):
Paragraph 5 (4) (c):
Omit “Part III of”.
Paragraph 8 (1) (b):
Omit “sub-section 35 (1)”, substitute “paragraph (a) or (b) of the definition of ‘veteran’ in subsection 5c (1)”.
Subsection 8 (2):
Omit “wife” (first occurring), substitute “partner or non-illness separated wife”.
Paragraph 8 (2) (a):
Omit “wife’s”, substitute “wife”.
Paragraph 8 (2) (b):
Omit “sub-section 35 (1)”, substitute “paragraph (a) or (b) of the definition of ‘veteran’ in subsection 5c (1)”.
Subsection 8 (3):
Omit “carer’s”, substitute “carer”.
Subsection 8 (4) (b):
“(b) ‘partner’, ‘non-illness separated wife’ and ‘widow’ have the same meanings as in section 5e of the Veterans’ Entitlements Act; and”.
(b) Omit “, a wife’s service pension or a carer’s service pension, as the case requires,”.
Paragraphs 10 (3) (a) and (4) (b):
Paragraph 10 (4) (a):
Omit “a pension under Part IV of the Social Security Act 1947”, substitute “an age, invalid, wife or carer pension under the Social Security Act 1991”.