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VETERANS' ENTITLEMENTS ACT 1986 !!!The following amendments (No. 36, 2006 and No. 41, 2006 and No. 82, 2006 and No. 101, 2006 and No. 108, 2006) have not been incorporated. - List of Sections
Section
Compilation Information
Contents
Long Title
VETERANS' ENTITLEMENTS ACT 1986 Part 1Preliminary
1.
Short title [ see Note 1]
2.
Commencement [ see Note 1]
3.
Repeal
4.
Extension of Act to external Territories
4A.
Application of the Criminal Code
5.
Index of definitions
5A.
Repatriation Commission definitions
5AB.
Repatriation Medical Authority and Specialist Medical Review Council definitions
5B.
War and operational area related definitions
5C.
Eligibility related definitions
5D.
Injury/disease definitions
5E.
Family relationships definitionscouples
5F.
Family relationships definitionschildren
5G.
Australian residence definitions
5H.
Income test definitions
5I.
Special Rate Disability Pension reduction amount
5J.
Financial assets and income streams definitions
5JA.
Meaning of asset-test exempt income stream lifetime income streams
5JB.
Meaning of asset-test exempt income stream life expectancy income streams
5JBA.
Meaning of asset-test exempt income stream market-linked income streams
5JC.
Family law affected income streams
5JD.
Asset-tested status of secondary FLA income streams
5K.
Maintenance income definitions
5L.
Assets test definitions
5M.
Retirement village definitions
5MA.
Granny flat definitions
5MB.
Sale leaseback definitions
5MC.
Special residence and resident definitions
5N.
Rent definitions
5NA.
Indexation and rate adjustment definitions
5NB.
Compensation recovery definitions
5NC.
In care definitions
5P.
Retirement assistance for farmers definitions
5PAA.
Retirement assistance for sugarcane farmers definitions
5PA.
Pharmaceutical allowance and advance pharmaceutical allowance definitions
5PB.
Seniors health card definitions
5Q.
General definitions
5QAA.
Equal amounts
5QA.
Pension age for veterans
5QB.
Pension age for persons other than veterans
5R.
Determinations having interpretative effect
5T.
Lodgment of claims, applications, requests and documents
5U.
Notes
6.
Operational servicegeneral outline
6A.
Operational serviceworld wars
6B.
Operational serviceAustralian mariners
6C.
Operational servicepost World War 2 service in operational areas
6D.
Operational serviceother post World War 2 service
6DA.
Operational serviceminesweeping and bomb/mine clearance service
6E.
Operational serviceKorean demilitarised zone and Vietnam
6F.
Operational servicewarlike and non-warlike service
7.
Eligible war service
7A.
Qualifying service
8.
War-caused death
9.
War-caused injuries or diseases
9A.
Most war-caused injuries, diseases and deaths no longer covered by this Act
10.
Child of a veteran or other person
11.
Dependants
11AA.
Reinstated pensioner
11A.
Marriage-like relationships
VETERANS' ENTITLEMENTS ACT 1986 Part IIPensions, other than service pensions, for veterans and their dependants
VETERANS' ENTITLEMENTS ACT 1986 Division 1Interpretation
12.
Interpretation
VETERANS' ENTITLEMENTS ACT 1986 Division 2Eligibility for pension
13.
Eligibility for pension
VETERANS' ENTITLEMENTS ACT 1986 Division 2AVerification determinations for reinstated pensioners
13AA.
Application for verification determination
13AB.
Who may apply
13AC.
Application for verification determination
13AE.
Investigation by the Secretary
13AF.
Duties of Commission in relation to application for verification determination
13AG.
Verification determination
VETERANS' ENTITLEMENTS ACT 1986 Division 3Claims for pensions and applications for increases in pensions
13A.
Certain dependants to be automatically paid pension
13B.
Reinstated pensioners to be automatically paid pension
14.
Claim for pension
15.
Application for increase in pension
16.
Who may make claim or application
17.
Investigation by the Secretary
18.
Duties of Commission in relation to pensions
19.
Determination of claims and applications
19A.
Refusal to undergo medical examination etc. may delay consideration of claim or application
20.
Dates of effect that may be specified in respect of grant of claim for pension
21.
Dates of effect that may be specified in respect of grant of applications under section 15
VETERANS' ENTITLEMENTS ACT 1986 Division 4Rates of pensions payable to veterans
21A.
Determination of degree of incapacity
22.
General rate of pension and extreme disablement adjustment
23.
Intermediate rate of pension
24.
Special rate of pension
24A.
Continuation of rates of certain pensions
25.
Temporary payment at special rate
25A.
Offsetting certain SRCA payments
26.
Reduction in rate of pension in certain cases
27.
Increased rates of pension in certain cases
27A.
Calculation of arrears of pension
27B.
Certain decisions under section 27A reviewable under the Social Security Act
28.
Capacity to undertake remunerative work
29.
Guide to the assessment of rates of veterans' pensions
VETERANS' ENTITLEMENTS ACT 1986 Division 5Rates of pensions payable to dependants of deceased veteran
30.
Rates at which pensions are payable to dependants
VETERANS' ENTITLEMENTS ACT 1986 Division 5AEffect of certain compensation payments on rates of pension
30A.
This Division does not apply to certain payments
30B.
Interpretation
30C.
Lump sum compensation payment
30D.
Periodic payment of compensation
30E.
Proceedings against third party
30F.
Failure to comply with Commission's request made under section 30E
30G.
Payment of damages by third party to Commonwealth
30H.
Payment of damages by third party where agreement, or an award against the person, to pay damages has been made
30I.
Debt due to the Commonwealth
30J.
Discharge of liability
30K.
Discharge of liability of Commonwealth to pay damages
30L.
Other payments of compensation
30M.
Commission may require a statutory declaration
30N.
Failure to comply with statutory declaration requirement
30P.
Overpayments of pension
VETERANS' ENTITLEMENTS ACT 1986 Division 6Reviews of pensions by Commission
31.
Review by Commission
VETERANS' ENTITLEMENTS ACT 1986 Division 7Procedural
32.
Commission may take evidence
33.
Withdrawal of claim or application
34.
Reasons for decisions to be given
VETERANS' ENTITLEMENTS ACT 1986 Part IIIService pensions
VETERANS' ENTITLEMENTS ACT 1986 Division 1General features
35.
Order and structure of Divisions
35A.
Eligibility for and payability of service pension
VETERANS' ENTITLEMENTS ACT 1986 Division 2Claim for qualifying service
VETERANS' ENTITLEMENTS ACT 1986 Subdivision AClaim
35B.
Need for a claim
35C.
Who can claim?
35D.
Making a claim
35F.
Claim may be withdrawn
35FB.
Oral withdrawal of a claim
35FC.
Acknowledgment of oral withdrawal of a claim
35FD.
Reactivating the withdrawn claim
VETERANS' ENTITLEMENTS ACT 1986 Subdivision BInvestigation of claim
35G.
Secretary to investigate claim and submit it to Commission
VETERANS' ENTITLEMENTS ACT 1986 Subdivision CConsideration and determination of claim
35H.
Duties of Commission in relation to claim
35J.
Determination of qualifying service to be proof of qualifying service
VETERANS' ENTITLEMENTS ACT 1986 Division 3Age service pension
VETERANS' ENTITLEMENTS ACT 1986 Subdivision AEligibility for and payability of age service pension
36.
Eligibility for age service pension
36A.
Age service pension may not be payable in some circumstances
36B.
Age service pension generally not payable before claim
36C.
Restrictions on dual pensions
36CA.
Exclusion of certain participants in ABSTUDY Scheme
VETERANS' ENTITLEMENTS ACT 1986 Subdivision BClaim for age service pension
36D.
Need for a claim
36E.
Who can claim?
36F.
Making a claim
36H.
Claimant must be Australian resident and in Australia
36J.
Claim may be withdrawn
36JB.
Oral withdrawal of a claim
36JC.
Acknowledgment of oral withdrawal of a claim
36JD.
Reactivating the withdrawn claim
36JE.
Secretary may require claimant to take action to obtain a comparable foreign pension
VETERANS' ENTITLEMENTS ACT 1986 Subdivision CInvestigation of claim
36K.
Secretary to investigate claim and submit it to Commission
VETERANS' ENTITLEMENTS ACT 1986 Subdivision DConsideration and determination of claim
36L.
Duties of Commission in relation to claim
36M.
Date of effect of determination
VETERANS' ENTITLEMENTS ACT 1986 Subdivision ERate of age service pension
36N.
How to work out the rate of a veteran's age service pension
VETERANS' ENTITLEMENTS ACT 1986 Division 4Invalidity service pension
VETERANS' ENTITLEMENTS ACT 1986 Subdivision AEligibility for and payability of invalidity service pension
37.
Eligibility for invalidity service pension
37AA.
Commission must determine circumstances in which persons are permanently incapacitated for work
37AAA.
Continued eligibility for invalidity service pension if person undertaking a rehabilitation program etc.
37A.
Invalidity service pension may not be payable in some circumstances
37B.
Invalidity service pension generally not payable before claim
37C.
Restrictions on dual pensions
37CA.
Exclusion of certain participants in ABSTUDY Scheme
VETERANS' ENTITLEMENTS ACT 1986 Subdivision BClaim for invalidity service pension
37D.
Need for a claim
37E.
Who can claim?
37F.
Making a claim
37H.
Claimant must be Australian resident and in Australia
37J.
Claim may be withdrawn
37JB.
Oral withdrawal of a claim
37JC.
Acknowledgment of oral withdrawal of a claim
37JD.
Reactivating the withdrawn claim
37JE.
Secretary may require claimant to take action to obtain a comparable foreign pension
VETERANS' ENTITLEMENTS ACT 1986 Subdivision CInvestigation of claim
37K.
Secretary to investigate claim and submit it to Commission
VETERANS' ENTITLEMENTS ACT 1986 Subdivision DConsideration and determination of claim
37L.
Duties of Commission in relation to claim
37M.
Date of effect of determination
VETERANS' ENTITLEMENTS ACT 1986 Subdivision ERate of invalidity service pension
37N.
How to work out the rate of a veteran's invalidity service pension
VETERANS' ENTITLEMENTS ACT 1986 Division 5Partner service pension
VETERANS' ENTITLEMENTS ACT 1986 Subdivision AEligibility for and payability of partner service pension
38.
Eligibility for partner service pension
38AA.
Disclosure or use of personal information relevant to partner service pension eligibility
38A.
Partner service pension may not be payable in some circumstances
38B.
Partner service pension generally not payable before claim
38C.
Restrictions on dual pensions
38CA.
Exclusion of certain participants in ABSTUDY Scheme
VETERANS' ENTITLEMENTS ACT 1986 Subdivision BClaim for partner service pension
38D.
Need for a claim
38E.
Who can claim?
38F.
Making a claim
38H.
Claimant must be Australian resident and in Australia
38J.
Claim may be withdrawn
38JB.
Oral withdrawal of a claim
38JC.
Acknowledgment of oral withdrawal of a claim
38JD.
Reactivating the withdrawn claim
38JE.
Secretary may require claimant to take action to obtain a comparable foreign pension
VETERANS' ENTITLEMENTS ACT 1986 Subdivision CInvestigation of claim
38K.
Secretary to investigate claim and submit it to Commission
VETERANS' ENTITLEMENTS ACT 1986 Subdivision DConsideration and determination of claim
38L.
Duties of Commission in relation to claim
38M.
Date of effect of determination
VETERANS' ENTITLEMENTS ACT 1986 Subdivision ERate of partner service pension
38N.
How to work out the rate of a person's partner service pension
VETERANS' ENTITLEMENTS ACT 1986 Part IIIAIncome support supplement
VETERANS' ENTITLEMENTS ACT 1986 Division 1Eligibility for and payability of income support supplement
45A.
Eligibility for income support supplement (age, dependent child, incapacity for work)
45AA.
Commission must determine circumstances in which persons are permanently incapacitated for work
45B.
Income support supplement may not be payable in some circumstances
45C.
Income support supplement generally not payable before claim
45D.
Restrictions on dual pensions
45DA.
Exclusion of certain participants in ABSTUDY Scheme
45E.
Election to continue to receive social security pension
45F.
Claim for social security pension by war widower or war widow pending at commencement of Part
45G.
Review of decision rejecting a claim by war widower or war widow for social security pension pending at commencement of Part
45H.
Review of decision concerning rate of social security pension paid to war widower or war widow pending at commencement of Part
VETERANS' ENTITLEMENTS ACT 1986 Division 2Claim for income support supplement
45I.
Need for a proper claim
45J.
Who can claim?
45K.
Making a claim
45M.
Claimant must be Australian resident and in Australia
45N.
Not necessary to make a claim in certain circumstances
45NA.
Claim may be withdrawn
45NC.
Oral withdrawal of a claim
45ND.
Acknowledgment of oral withdrawal of a claim
45NE.
Reactivating the withdrawn claim
45NF.
Secretary may require claimant to take action to obtain a comparable foreign pension
VETERANS' ENTITLEMENTS ACT 1986 Division 3Investigation of claim
45P.
Secretary to investigate claim and submit it to Commission
VETERANS' ENTITLEMENTS ACT 1986 Division 4Consideration and determination of claim
45Q.
Duties of Commission in relation to claim
45R.
Date of effect of determination
VETERANS' ENTITLEMENTS ACT 1986 Division 5Rate of income support supplement
45S.
How to work out the rate of income support supplement
VETERANS' ENTITLEMENTS ACT 1986 Part IIIABPension bonus
VETERANS' ENTITLEMENTS ACT 1986 Division 1Introduction
45T.
Simplified outline
45TA.
Definitions
45TB.
Special date of eligibility for a designated pension
VETERANS' ENTITLEMENTS ACT 1986 Division 2Qualification for pension bonus
45TC.
Qualification for pension bonus
VETERANS' ENTITLEMENTS ACT 1986 Division 3Registration as a member of the pension bonus scheme
VETERANS' ENTITLEMENTS ACT 1986 Subdivision AMembership of the pension bonus scheme
45TD.
Application for registration
45TE.
Making an application
45TF.
Relevant information
45TH.
Timing of application and registration
45TI.
Registration
45TJ.
Duration of membership
45TK.
Cancellation of membership
45TL.
Application for registration is not to be treated as a claim
VETERANS' ENTITLEMENTS ACT 1986 Subdivision BClassification of membership of the pension bonus scheme
45TM.
Accruing membership
45TN.
Non-accruing membershippreclusion periods
45TO.
Non-accruing membershipCommission's discretion
45TP.
Continuity of accruing membership is not broken by a period of non-accruing membership
45TQ.
Post-70/75 membership
VETERANS' ENTITLEMENTS ACT 1986 Division 4Accrual of bonus periods
45TR.
Accrual of bonus periods
VETERANS' ENTITLEMENTS ACT 1986 Division 5Passing the work test
VETERANS' ENTITLEMENTS ACT 1986 Subdivision AThe work test
45TS.
Work testfull-year period
45TT.
Work testpart-year period
45TU.
Commission's discretion to treat gainful work outside Australia as gainful work in Australia
VETERANS' ENTITLEMENTS ACT 1986 Subdivision BGainful work
45TV.
Gainful workbasic rule
45TW.
Commission's discretion to treat activity as gainful work
45TX.
Irregular, infrequent and minor absences from a workplace count as gainful work
45TY.
Management of family financial investments does not count as gainful work
45TZ.
Domestic duties in relation to a person's place of residence do not count as gainful work
45U.
Evidentiary certificate
VETERANS' ENTITLEMENTS ACT 1986 Subdivision CRecord-keeping requirements
45UA.
Record-keeping requirements
VETERANS' ENTITLEMENTS ACT 1986 Division 6Amount of pension bonus
45UB.
How to calculate the amount of pension bonus
45UC.
Qualifying bonus periods
45UD.
Overall qualifying period
45UE.
Pension multiple
45UF.
Annual pension rate
45UG.
Amount of pension bonus
45UH.
Annual notional single pension rate
45UI.
Annual notional partnered pension rate
45UIA.
Apportioned amount
VETERANS' ENTITLEMENTS ACT 1986 Division 7Claim for pension bonus
45UJ.
Need for a claim
45UK.
Proper claim
45UL.
Lodgment period for claim
45UM.
Withdrawal of claim
VETERANS' ENTITLEMENTS ACT 1986 Division 8Determination of claim
45UN.
Secretary to investigate claim and submit it to Commission
45UO.
Commission to determine claim
45UP.
Grant of claim
VETERANS' ENTITLEMENTS ACT 1986 Division 9Payment of pension bonus
45UQ.
Payment of pension bonus
45UR.
Payment of bonus after death
VETERANS' ENTITLEMENTS ACT 1986 Division 10Protection of pension bonus
45US.
Pension bonus to be absolutely inalienable
VETERANS' ENTITLEMENTS ACT 1986 Division 11Preclusion periods
45UT.
Disposal preclusion perioddispositions before 1 July 2002
45UTA.
Disposal preclusion perioddispositions on or after 1 July 2002
45UU.
Carer preclusion period
VETERANS' ENTITLEMENTS ACT 1986 Division 12Modification of this Part in relation to certain persons previously qualified for age pension under social security law
45UV.
Persons to whom this Division applies
45UW.
Commission may request the provision of information
45UX.
Commission may determine whether periods occurring before becoming a war widow/war widowerpensioner are bonus periods under the social security law
45UY.
Modification of provisions of this Part in respect of persons to whom this Division applies
VETERANS' ENTITLEMENTS ACT 1986 Part IIIBProvisions applicable to service pensions and income support supplement
VETERANS' ENTITLEMENTS ACT 1986 Division 1Ordinary income concept
46.
General meaning of ordinary income
46A.
Certain amounts taken to be received over 12 months
VETERANS' ENTITLEMENTS ACT 1986 Division 2Business income
46B.
Ordinary income from a businesstreatment of trading stock
46C.
Permissible reductions of business income
VETERANS' ENTITLEMENTS ACT 1986 Division 3Deemed income from financial assets
46D.
Deemed income from financial assetspersons other than members of couples
46E.
Deemed income from financial assetsmembers of a couple
46H.
Deeming threshold
46J.
Below threshold rate, above threshold rate
46K.
Actual return on financial assets not treated as ordinary income
46L.
Certain money and financial investments not taken into account
46M.
Valuation and revaluation of certain financial investments
VETERANS' ENTITLEMENTS ACT 1986 Division 4Income from income streams
VETERANS' ENTITLEMENTS ACT 1986 Subdivision BIncome streams that are not family law affected income streams
46SA.
Scope of Subdivision
46T.
Income from asset-test exempt income stream
46U.
Incomeincome stream not a defined benefit income stream
46V.
Incomeincome stream is a defined benefit income stream
46W.
Income from asset-tested income stream (long term)
46X.
Incomeincome stream not a defined benefit income stream
46Y.
Incomeincome stream is a defined benefit income stream
VETERANS' ENTITLEMENTS ACT 1986 Subdivision CFamily law affected income streams
46Z.
Scope of Subdivision
46ZA.
Income from asset-test exempt income streams
46ZB.
Income from asset-tested income stream (long term)
46ZC.
Determination of guidelines is a disallowable instrument
VETERANS' ENTITLEMENTS ACT 1986 Division 6Income tests-conversion of foreign currency amounts
47.
Application of Division
47A.
Conversion of foreign currency amounts
47B.
Base exchange rate
47C.
Re-assessed exchange rate
47D.
Applicability of re-assessed exchange rate
47E.
Rounding off exchange rates
VETERANS' ENTITLEMENTS ACT 1986 Division 7Income tests-disposal of ordinary income
48.
Disposal of ordinary income
48A.
Amount of disposition
48B.
Disposal of ordinary incomenot a member of a couple
48C.
Disposal of ordinary incomemembers of couples
48E.
Dispositions more than 5 years old to be disregarded
VETERANS' ENTITLEMENTS ACT 1986 Division 8Retirement assistance for farmers
VETERANS' ENTITLEMENTS ACT 1986 Subdivision 1General
49.
Purpose of Division
49AA.
Applicable cut-off date
49AB.
Pre-assessment request
49A.
Division to apply to certain transfers of estates in farms etc.
49B.
How to assess the value of farms etc. subject to a transfer
VETERANS' ENTITLEMENTS ACT 1986 Subdivision 2Modification of provisions relating to assets test
49C.
Transfer of estate in farm etc. not disposal of an asset
VETERANS' ENTITLEMENTS ACT 1986 Subdivision 3Claims for service pension or income support supplement
49D.
Provisional commencement day
VETERANS' ENTITLEMENTS ACT 1986 Subdivision 4Requests for increase in rate of service pension or income support supplement
49E.
Application
49F.
Request for increase
49G.
Making a request
49H.
Determination of request
VETERANS' ENTITLEMENTS ACT 1986 Subdivision 5Farmers' income test
49J.
Does a person satisfy the farmers' income test?
VETERANS' ENTITLEMENTS ACT 1986 Subdivision 6Transitional: ex gratia payments
49K.
Ex gratia payments
VETERANS' ENTITLEMENTS ACT 1986 Division 8ARetirement assistance for sugarcane farmers
VETERANS' ENTITLEMENTS ACT 1986 Subdivision AGeneral
49L.
Purpose of Division
49M.
RASF commencement and closing days
49N.
Applicable cut-off date
49P.
Pre-assessment request
49Q.
Division to apply to certain transfers of estates in sugarcane farms etc.
49R.
How to assess the total net value of sugarcane farms etc. subject to a transfer
VETERANS' ENTITLEMENTS ACT 1986 Subdivision BModification of provisions relating to assets test
49S.
Transfer of estate in sugarcane farm etc. not disposal of an asset
VETERANS' ENTITLEMENTS ACT 1986 Subdivision CClaims for service pension or income support supplement
49T.
Provisional commencement day
VETERANS' ENTITLEMENTS ACT 1986 Subdivision DRequests for increase in rate of service pension or income support supplement
49U.
Application
49V.
Request for increase
49W.
Making a request
49X.
Determination of request
VETERANS' ENTITLEMENTS ACT 1986 Subdivision ESugarcane farmers' income test
49Y.
Does a person satisfy the sugarcane farmers' income test?
VETERANS' ENTITLEMENTS ACT 1986 Division 9New Enterprise Incentive Scheme
50.
General effect of Division
50A.
Reduction in rate of payments under this Part if recipient or partner also receiving payments under NEIS
50B.
Rate reduction under this Division
VETERANS' ENTITLEMENTS ACT 1986 Division 10General provisions relating to maintenance income
51.
Apportionment of capitalised maintenance income
51A.
In-kind housing maintenancevalue of substitute for family home
VETERANS' ENTITLEMENTS ACT 1986 Division 11General provisions relating to the assets test
VETERANS' ENTITLEMENTS ACT 1986 Subdivision AValue of person's assets
52.
Certain assets to be disregarded in calculating the value of a person's assets
52AA.
Value of superannuation investments determined by Minister to be disregarded
52A.
Value of asset-tested income streams that are not defined benefit income streams
52B.
Value of asset-tested income streams that are defined benefit income streams
52BA.
Value of asset-tested FLA income streams
52BB.
Value of partially asset-test exempt income streams
52C.
Effect of charge or encumbrance on value of assets
52CA.
Effect of certain liabilities on value of assets used in primary production
52D.
Loans
VETERANS' ENTITLEMENTS ACT 1986 Subdivision BDispositions of assets (general provisions)
52E.
Disposal of assets
52F.
Amount of disposition
VETERANS' ENTITLEMENTS ACT 1986 Subdivision BADispositions of assets before 1 July 2002
52FAA.
Application
52FA.
Disposal of assets in pre-pension yearsnot a member of a couple
52G.
Disposal of assets in pension yearsnot a member of a couple
52GA.
Disposal of assets in pre-pension yearsmembers of couples
52H.
Disposal of assets in pension yearsmembers of couples
52J.
Dispositions more than 5 years old to be disregarded
VETERANS' ENTITLEMENTS ACT 1986 Subdivision BBDispositions of assets on or after 1 July 2002
52JA.
Disposition of assets in tax yearindividuals
52JB.
Dispositions of assets in 5 year periodindividuals
52JC.
Disposition of assets in tax yearmembers of couples
52JD.
Disposition of assets in 5 year periodmembers of couples
VETERANS' ENTITLEMENTS ACT 1986 Subdivision CProvisions relating to special residences and special residents
52KA.
Application of Subdivision to granny flat residents
52L.
Basis for different treatment
52M.
Entry contribution
52N.
Extra allowable amount
52P.
Renegotiation of retirement village agreement
52Q.
Residents who are not members of a couple
52R.
Members of couples
52S.
Members of illness separated couple (both in special residences)
52T.
Members of illness separated couple (partner not in special residence and partner property owner)
52U.
Members of illness separated couple (partner not in special residence and partner not property owner)
52V.
Members of ordinary couple with different principal homes (both in special residences)
52W.
Members of ordinary couple with different principal homes (partner not in special residence and partner property owner)
52X.
Members of ordinary couple with different principal homes (partner not in special residence and partner not property owner)
VETERANS' ENTITLEMENTS ACT 1986 Subdivision DFinancial hardship
52Y.
Access to financial hardship rules
52Z.
Application of financial hardship rules
VETERANS' ENTITLEMENTS ACT 1986 Subdivision EPension loans scheme
52ZAAA.
Pension loans scheme definitions
52ZA.
Eligibility for participation in pension loans scheme
52ZB.
Effect of participation in pension loans schemepension rate
52ZC.
Effect of participation in pension loans schemecreation of debt
52ZCA.
Effect of participation in pension loans schememaximum loan available
52ZD.
Need for a request to participate
52ZE.
Need for a request to later nominate or change guaranteed amount or rate of pension
52ZF.
Existence of debt results in charge over real assets
52ZG.
Debt not to be recovered until after death
52ZH.
Enforcement of charge
52ZJ.
Person ceases to participate in pension loans scheme if debt exceeds maximum loan available
52ZK.
Person withdraws from pension loans scheme
52ZKA.
Repayment or recovery of debt after pension loans scheme ceases to operate because debt exceeds maximum loan available or person withdraws
52ZL.
Registration of charge
52ZM.
Manner of enforcement of charge
VETERANS' ENTITLEMENTS ACT 1986 Subdivision FCommutation of asset-test exempt income stream
52ZMA.
Debt resulting from commutation of asset-test exempt income stream contrary to subsection 5JA(2), 5JB(2) or 5JBA(2)
VETERANS' ENTITLEMENTS ACT 1986 Division 11AMeans test treatment of private companies and private trusts
VETERANS' ENTITLEMENTS ACT 1986 Subdivision AIntroduction
52ZN.
Simplified outline
52ZO.
Definitions
52ZP.
Relatives
52ZQ.
Associates
52ZR.
When a company is sufficiently influenced by an entity
52ZS.
Majority voting interest in a company
52ZT.
Entitled to acquire
52ZU.
Transfer of property or services
52ZV.
Constructive transfers of property or services to an entity
52ZW.
Active involvement with a primary production enterprise
52ZX.
Power to veto decisions of a trustee
52ZY.
Extra-territorial operation
52ZZ.
Application to things happening before commencement
VETERANS' ENTITLEMENTS ACT 1986 Subdivision BDesignated private companies
52ZZA.
Designated private companies
VETERANS' ENTITLEMENTS ACT 1986 Subdivision CDesignated private trusts
52ZZB.
Designated private trusts
VETERANS' ENTITLEMENTS ACT 1986 Subdivision DControlled private companies
52ZZC.
Controlled private companies
52ZZD.
Direct voting interest in a company
52ZZE.
Voting power
52ZZF.
Direct control interest in a company
52ZZG.
Interest in a share
VETERANS' ENTITLEMENTS ACT 1986 Subdivision EControlled private trusts
52ZZH.
Controlled private trusts
52ZZI.
Interest in a trust
VETERANS' ENTITLEMENTS ACT 1986 Subdivision FAttributable stakeholders and attribution percentages
52ZZJ.
Attributable stakeholder, asset attribution percentage and income attribution percentage
VETERANS' ENTITLEMENTS ACT 1986 Subdivision GAttribution of income of controlled private companies and controlled private trusts
52ZZK.
Attribution of income
52ZZL.
No double counting of attributed income
52ZZM.
Ordinary income of a company or trust
52ZZN.
Ordinary income from a businesstreatment of trading stock
52ZZO.
Permissible reductions of business and investment income
52ZZP.
Derivation periods
52ZZQ.
Attribution periods
VETERANS' ENTITLEMENTS ACT 1986 Subdivision HAttribution of assets of controlled private companies and controlled private trusts
52ZZR.
Attribution of assets
52ZZS.
When attributed asset is unrealisable
52ZZT.
Effect of charge or encumbrance on value of assets
52ZZU.
Effect of unsecured loan on value of assets
52ZZV.
Value of company's or trust's assets etc.
VETERANS' ENTITLEMENTS ACT 1986 Subdivision IModification of asset deprivation rules
52ZZW.
Individual disposes of asset to company or trust
52ZZX.
Disposal of asset by company or trust
52ZZY.
Individual ceases to be an attributable stakeholder of a company or trust
52ZZZ.
Individual disposes of asset to company or trust before 1 January 2002individual is attributable stakeholder
52ZZZA.
Individual disposes of asset to company or trust before 1 January 2002individual's spouse is attributable stakeholder
VETERANS' ENTITLEMENTS ACT 1986 Subdivision JModification of income deprivation rules
52ZZZB.
Individual disposes of ordinary income to company or trust
52ZZZC.
Disposal of income by company or trust
52ZZZD.
Individual disposes of income to company or trust before 1 January 2002individual is attributable stakeholder
52ZZZE.
Individual disposes of income to company or trust before 1 January 2002individual's spouse is attributable stakeholder
VETERANS' ENTITLEMENTS ACT 1986 Subdivision KConcessional primary production trusts
52ZZZF.
Concessional primary production trusts
52ZZZG.
Individual ceases to be an attributable stakeholder of a trustreceipt of remuneration or other benefits from trust during asset deprivation period
52ZZZH.
Net value of asset
52ZZZI.
Value of entity's assets
52ZZZJ.
When asset is controlled by an individual
52ZZZK.
Adjusted net value of asset
52ZZZL.
Adjusted net primary production income
52ZZZM.
Net income of a primary production enterprise
52ZZZN.
Net income from a primary production enterprisetreatment of trading stock
52ZZZO.
Permissible reductions of income from carrying on a primary production enterprise
VETERANS' ENTITLEMENTS ACT 1986 Subdivision LAnti-avoidance
52ZZZP.
Anti-avoidance
VETERANS' ENTITLEMENTS ACT 1986 Subdivision MDecision-making principles
52ZZZQ.
Decision-making principles
VETERANS' ENTITLEMENTS ACT 1986 Subdivision NInformation management
52ZZZR.
Transitional period
52ZZZS.
Information-gathering powers
52ZZZT.
Commission may obtain tax information
52ZZZU.
Disclosure of tax information
52ZZZV.
Disclosure of tax file number information
VETERANS' ENTITLEMENTS ACT 1986 Division 12Service pensioner and income support supplement recipient benefits
VETERANS' ENTITLEMENTS ACT 1986 Subdivision AIntroduction
53.
Fringe benefits and treatment at Departmental expense for certain service pensioners
VETERANS' ENTITLEMENTS ACT 1986 Subdivision BFringe benefits
53A.
Fringe benefits
53B.
Commission must determine continued fringe benefits eligibility circumstances
VETERANS' ENTITLEMENTS ACT 1986 Subdivision CTreatment at Departmental expense
53D.
Eligibility for treatment at Departmental expense
53E.
Veterans to satisfy certain conditions
VETERANS' ENTITLEMENTS ACT 1986 Division 12APayments after bereavement
VETERANS' ENTITLEMENTS ACT 1986 Subdivision ABereavement period
53H.
Definition
VETERANS' ENTITLEMENTS ACT 1986 Subdivision BDeath of pensioner's partner (where partner was receiving a pension or a social security pension)
53J.
Application
53K.
What happens if pensioner's reassessed rate equals or exceeds combined pensioner couple rate
53L.
What happens if pensioner's reassessed rate is less than combined pensioner couple rate
53M.
Determination of amount of pension and social security pension
53N.
Transfer to another pension
53NA.
No liability of financial institution for certain payments to pensioner
VETERANS' ENTITLEMENTS ACT 1986 Subdivision CDeath of pensioner
53P.
Application
53Q.
Payment of one instalment
VETERANS' ENTITLEMENTS ACT 1986 Subdivision DDeath of dependent child
53R.
Application
53S.
When reassessed pension rate in respect of pensioner comes into effect
53T.
Bereavement payment
VETERANS' ENTITLEMENTS ACT 1986 Division 13Recipient obligations
54.
Secretary may require notification of an event or change of circumstances
54A.
Secretary may require recipient to give particular information relevant to the payment of pension
54AA.
Secretary may require recipient to give information, produce documents or appear before an officer
54B.
Document served with a section 54 notice
54BA.
Secretary may require a person to whom a service pension or income support supplement is being paid to take action to obtain a comparable foreign pension
54C.
Interpretation
VETERANS' ENTITLEMENTS ACT 1986 Division 14Pensioners in certain institutions
VETERANS' ENTITLEMENTS ACT 1986 Subdivision AImprisonment
55.
Pension may be suspended or forfeited when pensioner in gaol
55A.
Instalments may be redirected to partner or child
VETERANS' ENTITLEMENTS ACT 1986 Subdivision BBenevolent homes
55B.
Application of Subdivision
55D.
Inmate of benevolent home
55E.
Pensioner contribution
VETERANS' ENTITLEMENTS ACT 1986 Division 15Variation and termination
56.
Automatic termination or rate reductionrecipient complying with section 54 notification obligations
56A.
Automatic terminationrecipient not complying with section 54 notification obligations
56B.
Automatic rate reductionrecipient not complying with section 54 notification obligations
56C.
Rate increase determination [ see Note 4]
56D.
Rate reduction determination
56DA.
No rate increase or reduction for small amounts
56E.
Cancellation or suspension determinationgeneral
56EA.
Cancellation or suspension determination for failure to comply with section 54A notice
56EB.
Cancellation or suspension for failure to take action to obtain a comparable foreign pension
56EC.
Cancellation determination where pension not payable
56F.
Resumption of a payment after suspension
56G.
Date of effect of favourable determination
56GA.
Date of effect of determination under section 56Cdependent child
56H.
Date of effect of adverse determination
56J.
Pension may be cancelled at pensioner's request
56K.
Pension may be suspended if instalments not drawn
56L.
Commission may end suspension
56M.
Effect of cancellation or suspension
56N.
Changes to payments by computer
VETERANS' ENTITLEMENTS ACT 1986 Division 16Review of decisions
57.
Claimants and service pensioners may seek review of certain decisions
57A.
Application for review
57B.
Commission's powers where request for review
57C.
Date of effect of certain review decisions
57D.
Commission must make written record of review decision and reasons
57E.
Person who requested review to be notified of decision
57F.
Powers of Commission to gather evidence
57G.
Withdrawal of request for review
57H.
Commission may reimburse certain expenses
VETERANS' ENTITLEMENTS ACT 1986 Division 17Administration of pension payments
VETERANS' ENTITLEMENTS ACT 1986 Subdivision AGeneral administration of pension payments
58.
Application of Subdivision
58A.
Payment by instalments
58C.
Manner of payment
58D.
Agents
58E.
Pension payday falling on public holiday etc.
58F.
Payment into bank account etc.
58J.
Payments to Commissioner of Taxation
VETERANS' ENTITLEMENTS ACT 1986 Subdivision BPayment of pension outside Australia
58K.
Age, invalidity and partner service pensions and income support supplement generally portable
58L.
Payment of pension outside Australia
58M.
No portability if claim based on short-term residence
58N.
Transfer to portable pension
VETERANS' ENTITLEMENTS ACT 1986 Division 18Indexation
VETERANS' ENTITLEMENTS ACT 1986 Subdivision APreliminary
59.
Analysis of Division
59A.
Indexed and adjusted amounts
VETERANS' ENTITLEMENTS ACT 1986 Subdivision BCPI indexation
59B.
CPI Indexation Table
59C.
Indexation of amounts
59D.
Indexation factor
59E.
Rounding off indexed amounts
59EA.
Certain indexed amounts to be increased in line with increases in Male Total Average Weekly Earnings
VETERANS' ENTITLEMENTS ACT 1986 Subdivision CAdjustment of other rates
59GA.
Adjustment of rent free area
59GB.
Adjustment of adjusted income free area
59H.
Adjustment of pension "single" non-property owner AVL
59J.
Adjustment of special illness separated special resident AVL
59L.
Adjustment of pharmaceutical allowance
59LA.
Adjustment of ceiling rate
VETERANS' ENTITLEMENTS ACT 1986 Part IIICCompensation recovery
VETERANS' ENTITLEMENTS ACT 1986 Division 1General
59M.
General effect of Part
59N.
Certain lump sums to be treated as though they were received as periodic payments
59O.
Effect of certain State and Territory laws
VETERANS' ENTITLEMENTS ACT 1986 Division 2Enforcement of compensation rights
59P.
Commission may require person to take action to obtain compensation
VETERANS' ENTITLEMENTS ACT 1986 Division 3Receipt of compensation
59Q.
Pension etc. not payable during lump sum preclusion period
59QA.
Deemed lump sum payments arising from separate payments
59R.
Person may have to repay amount where both lump sum and pension have been received
59S.
Lump sum compensation not counted as ordinary income
59T.
Effect of periodic compensation payments on rate of person's compensation affected pension
59TA.
Effect of periodic compensation payments on rate of partner's compensation affected pension
59U.
Claim for compensation affected pension granted to person qualified for compensation affected payment under Social Security Act
59V.
Rate reduction under both income/assets test and this Part
59W.
Person may have to repay amount where both periodic compensation payments and pension have been received
59X.
Periodic compensation payments not counted as ordinary income
VETERANS' ENTITLEMENTS ACT 1986 Division 4Compensation payers
59Y.
Commission may send preliminary notice to potential compensation payer
59Z.
Potential compensation payer must notify Department of liability
59ZA.
Commission may send recovery notice to compensation payer
59ZB.
Preliminary notice or recovery notice suspends liability to pay compensation
59ZC.
Compensation payer's payment to Commonwealth discharges liability to compensation recipient
59ZD.
Offence to make compensation payment after receiving preliminary notice or recovery notice
VETERANS' ENTITLEMENTS ACT 1986 Division 5Insurers
59ZE.
Commission may send preliminary notice to insurer
59ZF.
Insurer must notify Department of liability
59ZG.
Commission may send recovery notice to insurer
59ZH.
Preliminary notice or recovery notice to insurer suspends both insurer's and compensation payer's liability
59ZI.
Insurer's payment to Commonwealth discharges liability
59ZJ.
Offence to make compensation payment after receiving preliminary notice or recovery notice
VETERANS' ENTITLEMENTS ACT 1986 Division 6Miscellaneous
59ZK.
Commission may give recovery notice either to compensation payer or to insurer but not to both
59ZL.
Commission may disregard some payments
59ZM.
Part to bind Crown
VETERANS' ENTITLEMENTS ACT 1986 Part IVPensions for members of Defence Force or Peacekeeping Force and their dependants
VETERANS' ENTITLEMENTS ACT 1986 Division 1Interpretation
68.
Interpretation
69.
Application of Part to members of the Forces
69A.
Application of Part to members of the Forces who render hazardous service
VETERANS' ENTITLEMENTS ACT 1986 Division 2Eligibility for pension
70.
Eligibility for pension under this Part
70A.
Most defence-caused injuries, diseases and deaths of members of the Defence Force no longer covered by this Act
71.
Application of certain provisions of Part II
72.
Dual entitlement to pension
VETERANS' ENTITLEMENTS ACT 1986 Division 3Rates of pension
73.
Application of Divisions 4 and 5 of Part II
VETERANS' ENTITLEMENTS ACT 1986 Division 4Pension and other compensation
73A.
This Division does not apply to certain payments
74.
Payments by way of compensation or damages
75.
Proceedings against third party
76.
Payment of damages to Commonwealth
77.
Discharge of liability of Commonwealth to pay damages
78.
Other payments of compensation
79.
Overpayments of pension
VETERANS' ENTITLEMENTS ACT 1986 Part IVAAdvance payments of pension and income support supplement
VETERANS' ENTITLEMENTS ACT 1986 Division 1General
79A.
Definition
VETERANS' ENTITLEMENTS ACT 1986 Division 2Eligibility for advance payment
79B.
Eligibility for advance payment
VETERANS' ENTITLEMENTS ACT 1986 Division 3Applying for advance payment
79C.
Application
79D.
Who can apply
79E.
Making an application
79G.
Applicant must be Australian resident and in Australia
79H.
Application may be withdrawn
VETERANS' ENTITLEMENTS ACT 1986 Division 4Determination of application and payment of advance payment
79I.
Commission to determine application
79J.
Payment of advance payment
VETERANS' ENTITLEMENTS ACT 1986 Division 5Maximum amount of advance payment
79K.
Maximum amount of advance payment
VETERANS' ENTITLEMENTS ACT 1986 Division 6Advance payment deductions
79L.
Advance payment deduction
79M.
Amount of advance payment deductionbasic calculation
79N.
Person may request larger advance payment deduction
79O.
Reduction of advance payment deduction in cases of severe financial hardship
79P.
The final advance payment deduction
79Q.
Payment rate insufficient to cover advance payment deduction
79R.
Rounding of amounts
79S.
Unrepaid advance payments to deceased partner to be disregarded
VETERANS' ENTITLEMENTS ACT 1986 Division 7Review by Commission
79T.
Request for review
79U.
Commission's powers
79V.
Commission must make written record of review decision and reasons
79W.
Person who requested review to be notified of decision
79X.
Powers of Commission to gather evidence
79Y.
Withdrawal of request for review
VETERANS' ENTITLEMENTS ACT 1986 Part VMedical and other treatment
80.
Interpretation [ see Note 3]
81.
Application of Part V
84.
Provision of treatment
85.
Veterans eligible to be provided with treatment
85A.
Treatment under section 279 or 280 of the MRCA for aggravated injuries or diseases
85B.
Treatment under section 279 or 280 of the MRCA if a person is entitled to treatment under the VEA for a separate injury or disease
86.
Dependants eligible to be provided with treatment
88A.
Commission may determine specified veterans and others are eligible to be provided with specified treatment
89.
Treatment at hospitals and other institutions
90.
Guide to the provision of treatment
90A.
Determination etc. of Repatriation Private Patient Principles
90B.
Application of Repatriation Private Patient Principles
91.
Pharmaceutical benefits
92.
Counselling services and psychiatric assessment
93.
Recovery of cost of treatment
93A.
Charges payable to Commonwealth
93B.
False statements relating to treatment
93C.
Knowingly making false statements relating to treatment
93D.
Bribery etc.
93E.
Prohibited practices in relation to the rendering of pathology services
93F.
Offences against 2 or more provisions
93G.
Statements inadmissible in evidence
93H.
Recovery of amounts paid because of false statements
93J.
Prosecution of offences
VETERANS' ENTITLEMENTS ACT 1986 Part VAExtension of Repatriation Pharmaceutical Benefits Scheme
VETERANS' ENTITLEMENTS ACT 1986 Division 1Definitions
93K.
Definitions
VETERANS' ENTITLEMENTS ACT 1986 Division 2Pharmaceutical benefits may be obtained
93L.
Certain veterans and mariners may obtain pharmaceutical benefits
VETERANS' ENTITLEMENTS ACT 1986 Division 3Eligibility for, and entitlement to, pharmaceutical benefits card
VETERANS' ENTITLEMENTS ACT 1986 Subdivision AEligibility
93M.
Who is eligible?
VETERANS' ENTITLEMENTS ACT 1986 Subdivision BEntitlement
93N.
Entitlement to a pharmaceutical benefits card under this Part
VETERANS' ENTITLEMENTS ACT 1986 Division 4Claim for pharmaceutical benefits card under this Part
93P.
Need for a claim
93Q.
Who can claim?
93R.
Making a claim
93T.
Claimant must be an Australian resident and in Australia
93U.
Claim may be withdrawn
VETERANS' ENTITLEMENTS ACT 1986 Division 5Investigation of claim
93V.
Secretary to investigate claim and submit it to Commission
VETERANS' ENTITLEMENTS ACT 1986 Division 6Consideration and determination of claim
93W.
Duties of Commission in relation to claim
93X.
Entitlement determination
93Y.
Date of effect of determination
VETERANS' ENTITLEMENTS ACT 1986 Division 7Review of decisions
93Z.
Review of certain decisions
93ZA.
Application for review
93ZB.
Commission's powers where request for review
93ZC.
Date of effect of certain review decisions
93ZD.
Commission must make written record of review decision and reasons
93ZE.
Person who requested review to be notified of decision
93ZF.
Powers of Commission to gather evidence
93ZG.
Withdrawal of request for review
VETERANS' ENTITLEMENTS ACT 1986 Part VIAllowances and other benefits
VETERANS' ENTITLEMENTS ACT 1986 Division 1Preliminary
94.
Interpretation
96.
Application
VETERANS' ENTITLEMENTS ACT 1986 Division 2Eligibility for allowances and other benefits
97.
Clothing allowance
98.
Attendant allowance
98A.
Bereavement payment in respect of disabled veterans
98B.
Funeral benefitsautomatic grant to estate of certain deceased veterans
99.
Further funeral benefitsveterans
100.
Funeral benefitsdependants of deceased veterans
102.
Decoration allowance
103.
Victoria Cross allowance
104.
Recreation transport allowance
105.
Vehicle assistance scheme
106.
Special assistance
107.
Temporary incapacity allowance
108.
Loss of earnings allowance
109.
Advances on account of loss of earnings allowance
110.
Travelling expenses
VETERANS' ENTITLEMENTS ACT 1986 Division 3Procedural
111.
Application
112.
Time for applying for certain benefits
113.
Time for applying for funeral benefit
114.
Commencement of payment of certain allowances
115.
Review of decision etc.
VETERANS' ENTITLEMENTS ACT 1986 Part VIARehabilitation
VETERANS' ENTITLEMENTS ACT 1986 Division 1Preliminary
115A.
Definitions
115B.
Making of the Scheme
VETERANS' ENTITLEMENTS ACT 1986 Division 2Provisions relating to the income of veterans who participate in vocational rehabilitation programs
115C.
Rate of pension while on program
115D.
Reduced daily pension amountpensions under Parts II and IV
115E.
Application for increase in reduced daily pension amount
115F.
Determination by the Commission
115G.
Excluded income amountinvalidity service pensions
VETERANS' ENTITLEMENTS ACT 1986 Division 3Recovery of cost of rehabilitation
115H.
Recovery of cost of rehabilitation
115J.
Where a person receives a notice under subsection 115H(6)
115K.
Recovery of amount by the Commonwealth
115L.
Determination of amount of costs of rehabilitation programs
VETERANS' ENTITLEMENTS ACT 1986 Part VIIVeterans' Children Education Scheme
116.
Interpretation
116A.
Determination of class of persons for the purposes of paragraph (e) of the definition of eligible child in subsection 116(1)
116B.
Person may apply for determination under subsection 116C(2)
116C.
Commission may determine that a person is a member of a class determined under section 116A
116D.
Review of Commission's decision under subsection 116C(1)
117.
Preparation of the Scheme
118.
Commission may provide benefits under Scheme
VETERANS' ENTITLEMENTS ACT 1986 Part VIIAAEducation entry payment
118AA.
Eligibility
118AAB.
Need for a claim
118AAC.
Entitlement to and amount of payment
118AAD.
Payment to be refunded
VETERANS' ENTITLEMENTS ACT 1986 Part VIIAPharmaceutical allowance and advance pharmaceutical allowance
VETERANS' ENTITLEMENTS ACT 1986 Division 1Pharmaceutical allowance
VETERANS' ENTITLEMENTS ACT 1986 Subdivision AEligibility for and payability of pharmaceutical allowance
118A.
Eligibility for pharmaceutical allowance
118B.
Pharmaceutical allowance not payable in some circumstances
VETERANS' ENTITLEMENTS ACT 1986 Subdivision BRate of pharmaceutical allowance
118C.
Rate of pharmaceutical allowance
118D.
No pharmaceutical allowance if annual limit reached
VETERANS' ENTITLEMENTS ACT 1986 Subdivision CPayment of pharmaceutical allowance
118E.
Payment of pharmaceutical allowance
VETERANS' ENTITLEMENTS ACT 1986 Division 2Advance pharmaceutical allowance
VETERANS' ENTITLEMENTS ACT 1986 Subdivision AEligibility for and payability of advance pharmaceutical allowance
118F.
Eligibility for advance pharmaceutical allowance
VETERANS' ENTITLEMENTS ACT 1986 Subdivision BClaim for advance pharmaceutical allowance
118G.
Need for a claim
118H.
Who can claim?
118I.
Making a claim
118K.
Proper claim
VETERANS' ENTITLEMENTS ACT 1986 Subdivision CAmount of advance pharmaceutical allowance
118L.
Amount of advance pharmaceutical allowance
118M.
Annual limit
VETERANS' ENTITLEMENTS ACT 1986 Part VIIABDefence Force Income Support Allowance and related payments
VETERANS' ENTITLEMENTS ACT 1986 Division 1Introduction
118N.
Simplified outline
118NA.
Definitions
VETERANS' ENTITLEMENTS ACT 1986 Division 2Defence Force Income Support Allowance
VETERANS' ENTITLEMENTS ACT 1986 Subdivision APayment of Defence Force Income Support Allowance
118NB.
Payment of Defence Force Income Support Allowance
VETERANS' ENTITLEMENTS ACT 1986 Subdivision BRate of Defence Force Income Support Allowance
118NC.
Rate of Defence Force Income Support Allowance
VETERANS' ENTITLEMENTS ACT 1986 Subdivision CSpecial rules for the Social Security Act
118ND.
Bereavement payments under the Social Security Act
118NE.
Remote Area Allowance under the Social Security Act
VETERANS' ENTITLEMENTS ACT 1986 Division 3DFISA bonus
VETERANS' ENTITLEMENTS ACT 1986 Subdivision APayment of DFISA bonus
118NF.
Payment of DFISA bonus
118NG.
When DFISA bonus is to be paid
118NH.
Payment of bonus after death
VETERANS' ENTITLEMENTS ACT 1986 Subdivision BAmount of DFISA bonus
118NI.
Amount of DFISA bonus
VETERANS' ENTITLEMENTS ACT 1986 Division 4DFISA-like payments etc. under regulations
118NJ.
DFISA-like payments etc. under regulations
VETERANS' ENTITLEMENTS ACT 1986 Part VIIACUtilities allowance
VETERANS' ENTITLEMENTS ACT 1986 Division 1Eligibility for and payability of utilities allowance
118O.
Definition
118OA.
Eligibility for utilities allowance
118OB.
When utilities allowance is payable
VETERANS' ENTITLEMENTS ACT 1986 Division 2Rate of utilities allowance
118OC.
Rate of utilities allowance
VETERANS' ENTITLEMENTS ACT 1986 Division 3Payment of utilities allowance
118OD.
Payment of utilities allowance by instalments
VETERANS' ENTITLEMENTS ACT 1986 Part VIIADSeniors concession allowance
VETERANS' ENTITLEMENTS ACT 1986 Division 1Eligibility for and payability of seniors concession allowance
118P.
Definition
118PA.
Eligibility for seniors concession allowance
118PB.
When seniors concession allowance is payable
VETERANS' ENTITLEMENTS ACT 1986 Division 2Rate of seniors concession allowance
118PC.
Rate of seniors concession allowance
VETERANS' ENTITLEMENTS ACT 1986 Division 3Payment of seniors concession allowance
118PD.
Payment of seniors concession allowance by instalments
VETERANS' ENTITLEMENTS ACT 1986 Part VIIBTelephone allowance
VETERANS' ENTITLEMENTS ACT 1986 Division 1Eligibility for and payability of telephone allowance
118Q.
Eligibility for telephone allowance
118R.
Telephone allowance not payable in some circumstances
VETERANS' ENTITLEMENTS ACT 1986 Division 2Rate of telephone allowance
118S.
Rate of telephone allowance
VETERANS' ENTITLEMENTS ACT 1986 Division 3Payment of telephone allowance
118T.
Payment by instalments
118U.
Calculation of amount of instalment
VETERANS' ENTITLEMENTS ACT 1986 Part VIICSeniors health card
VETERANS' ENTITLEMENTS ACT 1986 Division 1Eligibility for and entitlement to a seniors health card
VETERANS' ENTITLEMENTS ACT 1986 Subdivision AEligibility
118V.
Eligibility for seniors health card
VETERANS' ENTITLEMENTS ACT 1986 Subdivision BEntitlement
118W.
Entitlement to a seniors health card
118X.
Social Security cardholder not entitled
VETERANS' ENTITLEMENTS ACT 1986 Division 2Claim for seniors health card
118Y.
Need for a claim
118Z.
Who can claim?
118ZA.
Making a claim
118ZC.
Claimant must be an Australian resident and in Australia
118ZD.
Claim may be withdrawn
VETERANS' ENTITLEMENTS ACT 1986 Division 3Investigation of claim
118ZE.
Secretary to investigate claim and submit it to Commission
VETERANS' ENTITLEMENTS ACT 1986 Division 4Consideration and determination of claim
118ZF.
Duties of Commission in relation to claim
118ZG.
Entitlement determination
118ZH.
Date of effect of determination
VETERANS' ENTITLEMENTS ACT 1986 Division 5Cardholder's obligations
118ZI.
Secretary may require notice of the happening of event or a change in circumstances
118ZJ.
Secretary may require particular information relevant to eligibility for seniors health card
118ZJA.
When copy of notice of assessment of taxable income to be given to Department
VETERANS' ENTITLEMENTS ACT 1986 Division 6Continuation, variation and termination
118ZK.
Continuing effect of determination
118ZL.
Person ceases to be entitled to card automaticallyrecipient complying with section 118ZI notification obligations
118ZM.
Person ceases to be entitled to card automaticallyrecipient not complying with section 118ZI notification obligations
118ZN.
Determination that a person ceases to be entitled to a seniors health card
118ZO.
Person may cease to be entitled to a seniors health card for failure to comply with section 118ZJ notice
118ZP.
Resumption of entitlement
118ZQ.
Date of effect of favourable determination
118ZR.
Date of effect of adverse determination
VETERANS' ENTITLEMENTS ACT 1986 Division 7Review of decisions
118ZS.
Review of certain decisions
118ZT.
Application for review
118ZU.
Commission's powers where request for review
118ZV.
Date of effect of certain review decisions
118ZW.
Commission must make written record of review decision and reasons
118ZX.
Person who requested review to be notified of decision
118ZY.
Powers of Commission to gather evidence
118ZZ.
Withdrawal of request for review
VETERANS' ENTITLEMENTS ACT 1986 Division 8Seniors Health Card Income Test Calculator
118ZZA.
Seniors Health Card Income Test Calculator
VETERANS' ENTITLEMENTS ACT 1986 Part VIIIGeneral provisions applicable to pensions etc.
119.
Commission not bound by technicalities
120.
Standard of proof
120A.
Reasonableness of hypothesis to be assessed by reference to Statement of Principles
120B.
Reasonable satisfaction to be assessed in certain cases by reference to Statement of Principles
121.
Instalments of pension
122.
Payment of pension
122A.
Pension or allowance may be paid to bank etc.
122B.
Direct deductions at person's request
122C.
Payment of DFISA outside Australia
122D.
Deductions of DFISA and DFISA bonus paid to Commissioner of Taxation
123.
Interpretation
123A.
Payment of pension etc. on death of person
123B.
Distribution where deceased leaves valid will
123C.
Intestacy
123D.
Statutory order of distribution
123E.
Non-distributable amounts
124.
Termination of pension
125.
Pensions etc. absolutely inalienable
126.
Death of claimant
126A.
Death of a person who has not made a formal claim etc.
127.
Power to obtain information
128.
Secretary may obtain information etc.
128A.
Provision of tax file numbers
129.
Self-incrimination
130.
Furnishing of information
131.
Interpretation
132.
Payment of travelling expenses in certain cases
132A.
Advance of travelling expenses
VETERANS' ENTITLEMENTS ACT 1986 Part IXVeterans' Review Board
VETERANS' ENTITLEMENTS ACT 1986 Division 1Preliminary
133.
Interpretation
VETERANS' ENTITLEMENTS ACT 1986 Division 2Continuance of Veterans' Review Board
134.
Continuance of Veterans' Review Board
VETERANS' ENTITLEMENTS ACT 1986 Division 3Review by the Board of decisions
135.
Review of decisions in respect of pensions and attendant allowances
136.
Application for review
137.
Secretary to prepare report
138.
Board not bound by technicalities etc.
139.
Decision of Board
140.
Statements of decisions of the Board etc.
140A.
Correction of errors in decisions or statements of reasons
VETERANS' ENTITLEMENTS ACT 1986 Division 4Organization of the Board
141.
Constitution of Board for exercise of powers
142.
Principal Member responsible for arrangement of business
143.
Members to constitute Board
144.
Member ceasing to be member etc.
145.
Places of sitting
VETERANS' ENTITLEMENTS ACT 1986 Division 5Proceedings before the Board
146.
Principal Member or Senior Member to preside at hearing
147.
Parties to review before Board
148.
Procedure of Board
149.
Questions to be decided by majority of Board
150.
Hearing to be in private except in special circumstances
151.
Powers of Board
152.
Request to Secretary for documents etc.
153.
Information may be made available to parties
154.
Period of operation of certain decisions of Board
155.
Withdrawal of application
155AA.
Power to dismiss applicationinitial consideration
155AB.
Power to dismiss applicationsubsequent consideration
155AC.
Representation of applicant where outcome could be dismissal of application
155A.
Review by Administrative Appeals Tribunal
VETERANS' ENTITLEMENTS ACT 1986 Division 6Date of operation of decisions of Board
156.
Date of operation of decision by Board
157.
Dates that may be specified
VETERANS' ENTITLEMENTS ACT 1986 Division 7Membership of the Board
158.
Appointment of members of Board
159.
Terms of appointment
160.
Remuneration and allowances of members
161.
Acting members
162.
Leave of absence
163.
Resignation
164.
Removal from office
165.
Disclosure of interests
VETERANS' ENTITLEMENTS ACT 1986 Division 8Miscellaneous
166.
Delegation
167.
Protection of members and witnesses
168.
Failure of witness to attend
169.
Refusal to be sworn or to answer questions etc.
170.
Contempt of Board
170A.
Medical expenses
170B.
Travelling expenses for obtaining medical evidence
170C.
Advance of travelling expenses
171.
Fees for witnesses
172.
Staff to assist Board
173.
Oath or affirmation of office
VETERANS' ENTITLEMENTS ACT 1986 Part XReview of decisions by Administrative Appeals Tribunal
174.
Interpretation
175.
Applications for review
176.
Application of Administrative Appeals Tribunal Act
177.
Effective dates of certain determinations relating to payment of pension or seniors health card
178.
Period of operation of certain decisions of Administrative Appeals Tribunal
VETERANS' ENTITLEMENTS ACT 1986 Part XIThe Repatriation Commission
VETERANS' ENTITLEMENTS ACT 1986 Division 1Establishment, functions and powers
179.
Continuance of Commission
180.
Functions of Commission
180A.
Determination by Commission
181.
Powers of Commission
VETERANS' ENTITLEMENTS ACT 1986 Division 2Constitution and meetings of Commission
182.
Membership of the Commission
183.
President and Deputy President
184.
Appointment of Secretary as a Commissioner and President
185.
Remuneration and allowances
186.
Leave of absence
187.
Resignation
188.
Termination of appointment
189.
Commissioner to disclose any interest in claims for pensions etc.
190.
Commissioner to disclose other interests
191.
Acting commissioners
192.
Acting President or Deputy President
193.
Appointment to act as President and also Secretary
194.
Appointments
195.
Meetings
VETERANS' ENTITLEMENTS ACT 1986 Division 3Staff
196.
Staff
VETERANS' ENTITLEMENTS ACT 1986 Part XIAThe Repatriation Medical Authority
VETERANS' ENTITLEMENTS ACT 1986 Division 1Establishment, functions and powers
196A.
Establishment of Authority
196B.
Functions of Authority
196C.
Powers of Authority with respect to investigations
196CA.
Authority not required to investigate certain requests
196CB.
Authority may consolidate requests
196D.
Disallowable instrument
196E.
Request for an investigation, review etc.
196F.
Submissions to the Authority
196G.
Notice of investigation
196H.
Copyright in submissions
196I.
Access to information
196J.
Notice of decision not to make etc. Statement of Principles
196K.
Repatriation Medical Authority to send information to Review Council
196KA.
Definitions for the purposes of the MRCA
VETERANS' ENTITLEMENTS ACT 1986 Division 2Constitution and meetings
196L.
Membership
196M.
Qualifications
196N.
Tenure of office
196O.
Resignation
196P.
Termination of appointment
196Q.
Acting Chairperson
196R.
Meetings
196S.
Remuneration and allowances
VETERANS' ENTITLEMENTS ACT 1986 Division 3Staff and consultants
196T.
Staff
196U.
Consultants
VETERANS' ENTITLEMENTS ACT 1986 Part XIBThe Specialist Medical Review Council
VETERANS' ENTITLEMENTS ACT 1986 Division 1Establishment and functions
196V.
Establishment of Council
196W.
Functions of Review Council
196X.
Notification of decision of Review Council to be notified in Gazette
196Y.
Request fo