Commonwealth legislation

Veterans' Entitlements (Top up of Pension Bonus — Specified Circumstances) Determination 2007

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This Determination lets some veterans get a Pension Bonus top-up even after the usual 13‑week cutoff when delays were caused by either a Departmental error in calculating their pension rate or by veterans having provided incorrect income/asset information initially.

It affects veterans who already received a Pension Bonus but later found their original pension rate was wrong, allowing them to receive the higher payment they should have got.

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Current sections

Direct links to the current provisions in Veterans' Entitlements (Top up of Pension Bonus — Specified Circumstances) Determination 2007.

Veterans' Entitlements (Top up of Pension Bonus — Specified Circumstances) Determination 2007

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Veterans’ Entitlements (Top up of Pension Bonus — Specified Circumstances) Determination 2007

Veterans’ Entitlements Act 1986

The REPATRIATION COMMISSION makes this Determination under subsection 45UIC (6) of the Veterans’ Entitlements Act 1986.

Dated 21 December 2007

MARK SULLIVAN ED KILLESTEYN W. ROLFE

President Deputy President Commissioner

1 Name of Determination

This Determination is the Veterans’ Entitlements (Top up of Pension Bonus — Specified Circumstances) Determination 2007.

2 Commencement

This Determination commences on 1 January 2008.

3 Definitions

In this Determination:

Act means the Veterans’ Entitlements Act 1986.

designated pension has the meaning given by section 45TA of the Act.

4 Specified circumstance

For paragraph 45UIC (1) (b) of the Act, a specified circumstance is that:

(a) the Commission makes a determination under paragraph 45UIC (1) (a) of the Act because of a reduction, since the date on which a determination granting a pension bonus to the person takes effect (the effective day), in either or both of the following:

(i) the value of the person’s assets;

(ii) the person’s ordinary income; and

(b) the determination takes effect on a day that is more than 13 weeks after the effective day; and

(i) wholly or partly because an administrative error in determining the person’s rate of a designated pension was made by the Secretary before the end of the 13 week period following the effective day; or

(ii) because the person had given the Secretary, before the end of the 13 week period following the effective day, incorrect information about the value of the person’s assets or the person’s ordinary income.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Veterans' Entitlements (Top up of Pension Bonus — Specified Circumstances) Determination 2007