Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Veterans’
Affairs Legislation Amendment Bill (No. 2)
2002
No. ,
2002
(Veterans’
Affairs)
A Bill for an Act to amend the law
with respect to veterans’ entitlements, and for related
purposes
Contents
Part 1—Amendments concerning double
counting 3
Part 2—Amendments concerning lump sum compensation
payments 4
Part 3—Amendments concerning entry contributions to retirement
villages 7
Part 4—Amendments concerning telephone
allowance 8
Part 5—Amendments concerning rent assistance for persons
receiving family tax
benefit 9
Part 6—Amendments concerning eligibility for Pension Loans
Scheme 10
Part 7—Amendments concerning seniors health
cards 11
Part 8—Amendment relating to non-illness separated
spouses 12
A Bill for an Act to amend the law with respect to
veterans’ entitlements, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Veterans’ Affairs Legislation
Amendment Act (No. 2) 2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedule 1, items 1 and 2 |
The day on which this Act receives the Royal Assent |
|
|
3. Schedule 1, items 3 to 8 |
Immediately after the commencement of Schedule 1 to the
Veterans’ Affairs Legislation Amendment (Further Budget 2000 and Other
Measures) Act 2002 |
|
|
4. Schedule 1, items 9 to 26 |
The day on which this Act receives the Royal Assent |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Part 1—Amendments
concerning double counting
1 After paragraph 5H(8)(e) (before the
note)
Insert:
(ea) any payment of compensation (other than a payment referred to in
paragraph (e)) to the extent that the payment is taken into
account:
(i) under Division 5A of Part II; or
(ii) under section 74;
to reduce a disability pension payable to the person under Part 2 or
Part 4, as the case requires;
2 Subsection 5H(8) (note before
paragraph (f))
Omit “paragraph (b), (c) or (e)”, substitute
“paragraph (b), (c), (e) or (ea)”.
Part 2—Amendments
concerning lump sum compensation payments
3 Subsection 59ZA(3)
Omit “subsections (4) and (5)”, substitute
“subsections (4), (5) and (5AA)”.
4 Paragraph 59ZA(5)(b)
Repeal the paragraph, substitute:
(b) the person’s partner receives or is eligible for a compensation
affected pension, or a compensation affected payment (under the Social Security
Act), for a day or days in:
(i) unless subparagraph (ii) applies—the periodic payments
period in respect of the compensation; or
(ii) if the compensation is lump sum compensation for which payment is
received by the person or the person’s partner before 20 March
1997—the lump sum preclusion period;
5 After subsection 59ZA(5)
Insert:
(5AA) If:
(a) the person claiming compensation is a member of a couple;
and
(b) the person’s partner receives or is eligible for a compensation
affected pension, or a compensation affected payment (under the Social Security
Act), for a day or days in the lump sum preclusion period in respect of lump sum
compensation received by the person on or after 20 March 1997;
the recoverable amount is equal to the smallest of the
following amounts:
(c) the sum of all the payments of compensation affected pension made to
the person for the lump sum preclusion period;
(d) the compensation part of the lump sum payment;
(e) the maximum amount that the compensation payer is liable to pay to the
person in relation to the matter at any time after receiving:
(i) a preliminary notice under section 59Y in relation to the matter;
or
(ii) if the compensation payer has not received a preliminary
notice—the recovery notice under this section in relation to the
matter.
6 Subsection 59ZG(3)
Omit “subsections (4) and (5)”, substitute
“subsections (4), (5) and (5AA)”.
7 Paragraph 59ZG(5)(b)
Repeal the paragraph, substitute:
(b) the person’s partner receives or is eligible for a compensation
affected pension, or a compensation affected payment (under the Social Security
Act), for a day or days in:
(i) unless subparagraph (ii) applies—the periodic payments
period in respect of the compensation; or
(ii) if the compensation is lump sum compensation for which payment is
received by the person or the person’s partner before 20 March
1997—the lump sum preclusion period;
8 After subsection 59ZG(5)
Insert:
(5AA) If:
(a) the person claiming compensation is a member of a couple;
and
(b) the person’s partner receives or is eligible for a compensation
affected pension, or a compensation affected payment (under the Social Security
Act), for a day or days in the lump sum preclusion period in respect of lump sum
compensation received by the person on or after 20 March
1997;
the recoverable amount is equal to the smallest of the
following amounts:
(c) the sum of all the payments of compensation affected pension made to
the person for the lump sum preclusion period;
(d) the compensation part of the lump sum payment;
(e) the maximum amount for which the insurer is liable to indemnify the
compensation payer in relation to the matter at any time after
receiving:
(i) a preliminary notice under section 59ZE in relation to the
matter; or
(ii) if the insurer has not received a preliminary notice—the
recovery notice under this section in relation to the matter.
Part 3—Amendments
concerning entry contributions to retirement villages
9 Section 5 (index entry relating to
rent)
Omit “5N(2), (3), (4)”, substitute “5N”.
10 Subsection 5N(1) (definition of
rent)
Omit “subsections (2) and (3)”, substitute “this
section”.
11 After subsection 5N(3)
Insert:
(3AA) To avoid doubt, an amount that is paid or becomes payable by a
person is not rent in relation to the person (either at the time when it is paid
or becomes payable or at any later time) if the amount is, or forms part of, a
special resident’s entry contribution in relation to the person in respect
of a retirement village under section 52M, whether the amount is paid or
payable (whether wholly or partly) in a lump sum, by instalments or
otherwise.
(3AB) If the whole or any part of an amount that is not rent in relation
to a person as mentioned in subsection (3AA) is, or will or may become,
repayable to the person, any amount by which the amount so repayable is reduced
is not rent in relation to the person (either at the time when the reduction
occurs or at any later time).
Part 4—Amendments
concerning telephone allowance
12 Subsection 118Q(4) (paragraph (b) of the
definition of telephone subscriber)
Repeal the paragraph, substitute:
(b) who has a telephone service connected in Australia; and
13 Subsection 118Q(4) (paragraph (c) of the
definition of telephone subscriber)
Omit “whose telephone service”, substitute “the telephone
service”.
Part 5—Amendments
concerning rent assistance for persons receiving family tax
benefit
14 Paragraph SCH6-C3(f)
Repeal the paragraph, substitute:
(f) either of the following subparagraphs applies:
(i) if the person is not a member of a couple, or is a member of an
illness separated couple or a respite care couple and is entitled to be paid a
family tax benefit—the person’s maximum Part A rate of family tax
benefit does not include rent assistance;
(ii) if the person is a member of a couple other than an illness separated
couple or a respite care couple and the person, or the person’s partner,
is entitled to be paid family tax benefit—the maximum Part A rate of
family tax benefit of the person, or the person’s partner, does not
include rent assistance.
15 After paragraph
SCH6-E10(c)
Insert:
(ca) under the A New Tax System (Family Assistance) Act 1999;
or
Part 6—Amendments
concerning eligibility for Pension Loans Scheme
16 Paragraph 52ZA(1)(b)
Repeal the paragraph.
17 Paragraph 52ZA(1)(d)
Repeal the paragraph, substitute:
(d) the person has reached:
(i) if the person is receiving or is eligible for service
pension—pension age; or
(ii) if the person is receiving or is eligible for income support
supplement—qualifying age; and
18 Paragraph 52ZA(2)(b)
Repeal the paragraph.
19 Paragraph 52ZA(2)(d)
Repeal the paragraph, substitute:
(d) the person:
(i) is a veteran and has reached pension age; or
(ii) is the partner of a veteran referred to in subparagraph (i);
or
(iii) is receiving or is eligible for an income support supplement and has
reached qualifying age; and
20 At the end of
section 52ZA
Add:
(4) In this section:
qualifying age has the meaning given by subsection
45A(2).
Part 7—Amendments
concerning seniors health cards
21 After subsection 118V(1)
Insert:
(1A) A person is eligible for a seniors health card if the
person:
(a) is a war widow or a war widower; and
(b) has reached qualifying age; and
(c) is an Australian resident; and
(d) is in Australia; and
(e) is not receiving income support supplement; and
(f) satisfies the seniors health card income test; and
(g) is not eligible for a seniors health card under
subsection (1).
Note 1: For Australian resident see
section 5G.
Note 2: For seniors health card income test
see section 118ZAA.
Note 3: For war widow and war
widower see subsection 5E(1).
22 Paragraph 118V(2)(i)
Omit “under subsection (1)”, substitute “under
subsection (1) or (1A)”.
23 Paragraphs 118V(3)(b) and
(f)
Omit “or income support supplement” (wherever
occurring).
24 Paragraph 118V(3)(i)
Omit “under subsection (1)”, substitute “under
subsection (1) or (1A)”.
25 After subsection 118V(4)
Insert:
(4A) In subsection (1A), qualifying age has the meaning
given by subsection 45A(2)).
Part 8—Amendment
relating to non-illness separated spouses
26 Subsection 5E(1) (definition of
non-illness separated spouse)
Repeal the definition, substitute:
non-illness separated spouse means a person:
(a) who is legally married to another person but living separately and
apart from that other person on a permanent basis; and
(b) whose separation has not resulted in a direction under subsection
5R(5).