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.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Veterans' Affairs Legislation
Amendment (Exempting Disability
Payments from Income Testing and
Other Measures) Bill 2021
No. , 2021
(Veterans' Affairs)
A Bill for an Act to amend the law relating to
veterans' entitlements, military rehabilitation and
compensation and social security, and for related
purposes
No. , 2021
Veterans' Affairs Legislation Amendment (Exempting Disability
Payments from Income Testing and Other Measures) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Schedules ........................................................................................... 2
Schedule 1--Exempting adjusted disability pension from the
social security income test and removal of Defence
Force Income Support Allowance
3
A New Tax System (Family Assistance) Act 1999
3
Child Support (Assessment) Act 1989
3
Child Support (Registration and Collection) Act 1988
4
Farm Household Support Act 2014
4
Income Tax Assessment Act 1936
4
Income Tax Assessment Act 1997
6
Social Security Act 1991
7
Social Security (Administration) Act 1999
10
Veterans' Entitlements Act 1986
11
Schedule 2--Increased rent assistance
15
Veterans' Entitlements Act 1986
15
Schedule 3--Removing references to disability pension
17
Veterans' Entitlements Act 1986
17
Schedule 4--Indexation of above general rates
21
Veterans' Entitlements Act 1986
21
Schedule 5--Non-liability rehabilitation pilot
22
Military Rehabilitation and Compensation Act 2004
22
No. , 2021
Veterans' Affairs Legislation Amendment (Exempting Disability
Payments from Income Testing and Other Measures) Bill 2021
1
A Bill for an Act to amend the law relating to
1
veterans' entitlements, military rehabilitation and
2
compensation and social security, and for related
3
purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the
Veterans' Affairs Legislation Amendment
7
(Exempting Disability Payments from Income Testing and Other
8
Measures) Act 2021
.
9
2
Veterans' Affairs Legislation Amendment (Exempting Disability
Payments from Income Testing and Other Measures) Bill 2021
No. , 2021
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1 to
3
1 January 2022.
1 January 2022
3. Schedule 4
1 July 2022.
1 July 2022
4. Schedule 5
1 January 2022.
1 January 2022
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Schedules
13
Legislation that is specified in a Schedule to this Act is amended or
14
repealed as set out in the applicable items in the Schedule
15
concerned, and any other item in a Schedule to this Act has effect
16
according to its terms.
17
Exempting adjusted disability pension from the social security income test and removal
of Defence Force Income Support Allowance
Schedule 1
No. , 2021
Veterans' Affairs Legislation Amendment (Exempting Disability
Payments from Income Testing and Other Measures) Bill 2021
3
Schedule 1--Exempting adjusted disability
1
pension from the social security
2
income test and removal of Defence
3
Force Income Support Allowance
4
5
A New Tax System (Family Assistance) Act 1999
6
1 Paragraph 7(haa) of Schedule 3
7
Repeal the paragraph.
8
2 Saving provision
9
Paragraph 7(haa) of Schedule 3 to the
A New Tax System (Family
10
Assistance) Act 1999
, as in force immediately before the
11
commencement of this item, continues to apply on and after that
12
commencement in relation to a payment of Defence Force Income
13
Support Allowance under Part VIIAB of the
Veterans' Entitlements Act
14
1986
made before, on or after that commencement.
15
Child Support (Assessment) Act 1989
16
3 Subsection 5(1) (paragraph (g) of the definition of tax free
17
pension or benefit)
18
Repeal the paragraph.
19
4 Saving provision
20
Paragraph (g) of the definition of
tax free pension or benefit
in
21
subsection 5(1) of the
Child Support (Assessment) Act 1989
, as in force
22
immediately before the commencement of this item, continues to apply
23
on and after that commencement in relation to a payment of Defence
24
Force Income Support Allowance under Part VIIAB of the
Veterans'
25
Entitlements Act 1986
made before, on or after that commencement.
26
Schedule 1
Exempting adjusted disability pension from the social security income test
and removal of Defence Force Income Support Allowance
4
Veterans' Affairs Legislation Amendment (Exempting Disability
Payments from Income Testing and Other Measures) Bill 2021
No. , 2021
Child Support (Registration and Collection) Act 1988
1
5 Subparagraph 72AC(1)(b)(iva)
2
Omit "
1986
; or", substitute "
1986
.".
3
6 Subparagraph 72AC(1)(b)(v)
4
Repeal the subparagraph.
5
7 Saving provision
6
Section 72AC of the
Child Support (Registration and Collection) Act
7
1988
, as in force immediately before the commencement of this item,
8
continues to apply on and after that commencement in relation to the
9
receipt of Defence Force Income Support Allowance under Part VIIAB
10
of the
Veterans' Entitlements Act 1986
before, on or after that
11
commencement.
12
Farm Household Support Act 2014
13
8 Section 95 (table item 1)
14
Repeal the item.
15
9 Saving provision
16
Item 1 of the table in section 95 of the
Farm Household Support Act
17
2014
, as in force immediately before the commencement of this item,
18
continues to apply on and after that commencement in relation to
19
working out if a person is qualified for farm household allowance or if
20
farm household allowance is payable to a person, or working out the
21
rate of a person's farm household allowance, in respect of days
22
occurring before the commencement of this item.
23
Income Tax Assessment Act 1936
24
10 Subparagraph 160AAAA(2)(c)(ii)
25
Omit ", income support supplement or Defence Force Income Support
26
Allowance (within the meaning of the
Veterans' Entitlements Act 1986
)
27
or a DFISA-like payment mentioned in Division 4 of Part VIIAB of that
28
Act", substitute "or income support supplement under the
Veterans'
29
Entitlements Act 1986
".
30
Exempting adjusted disability pension from the social security income test and removal
of Defence Force Income Support Allowance
Schedule 1
No. , 2021
Veterans' Affairs Legislation Amendment (Exempting Disability
Payments from Income Testing and Other Measures) Bill 2021
5
11 Subparagraph 160AAAB(2)(c)(ii)
1
Omit ", income support supplement or Defence Force Income Support
2
Allowance (within the meaning of the
Veterans' Entitlements Act 1986
)
3
or a DFISA-like payment mentioned in Division 4 of Part VIIAB of that
4
Act", substitute "or income support supplement under the
Veterans'
5
Entitlements Act 1986
".
6
12 Paragraph 202EA(5)(ia)
7
Omit "
1986
;", substitute "
1986
.".
8
13 Paragraph 202EA(5)(j)
9
Repeal the paragraph.
10
14 Saving provisions
11
(1)
Section 160AAAA of the
Income Tax Assessment Act 1936
, as in force
12
immediately before the commencement of this item, continues to apply
13
on and after that commencement in relation to a year of income in
14
which the assessable income of a taxpayer of the year of income
15
includes an amount of Defence Force Income Support Allowance
16
within the meaning of the
Veterans' Entitlements Act 1986
, or a
17
DFISA-like payment mentioned in Division 4 of Part VIIAB of that
18
Act, as in force immediately before that commencement.
19
(2)
Section 160AAAB of the
Income Tax Assessment Act 1936
, as in force
20
immediately before the commencement of this item, continues to apply
21
on and after that commencement in relation to a year of income in
22
which the assessable income of a beneficiary of the year of income
23
includes an amount of Defence Force Income Support Allowance
24
within the meaning of the
Veterans' Entitlements Act 1986
, or a
25
DFISA-like payment mentioned in Division 4 of Part VIIAB of that
26
Act, as in force immediately before that commencement.
27
(3)
Paragraph 202EA(5)(j) of the
Income Tax Assessment Act 1936
, as in
28
force immediately before the commencement of this item, continues to
29
apply on and after that commencement in relation to a payment of
30
Defence Force Income Support Allowance under Part VIIAB of the
31
Veterans' Entitlements Act 1986
made before, on or after that
32
commencement.
33
Schedule 1
Exempting adjusted disability pension from the social security income test
and removal of Defence Force Income Support Allowance
6
Veterans' Affairs Legislation Amendment (Exempting Disability
Payments from Income Testing and Other Measures) Bill 2021
No. , 2021
Income Tax Assessment Act 1997
1
15 Section 11-
15 (table item headed "social security or like
2
payments")
3
Omit:
4
DFISA bonus and DFISA bonus bereavement payment .... 52-65
16 Paragraph 52-65(1)(a)
5
Omit ", pension bonus bereavement payment, DFISA bonus or DFISA
6
bonus bereavement payment", substitute "or pension bonus
7
bereavement payment".
8
17 Subsection 52-65(1A)
9
Repeal the subsection, substitute:
10
(1A) Payments of pension bonus and pension bonus bereavement
11
payment under Part IIIAB of the
Veterans' Entitlements Act 1986
12
are exempt from income tax.
13
18 Section 52-65 (table item 5A.1)
14
Repeal the item.
15
19 Section 52-75 (table item 5A)
16
Repeal the item.
17
20 Saving provisions
18
(1)
Subsection 52-65(1A) of the
Income Tax Assessment Act 1997
, as in
19
force immediately before the commencement of this item, continues to
20
apply on and after that commencement in relation to a payment of
21
DFISA bonus or DFISA bonus bereavement payment under Part VIIAB
22
of the
Veterans' Entitlements Act 1986
made before, on or after the
23
commencement of this item.
24
(2)
Item 5A.1 of the table in section 52-65 of the
Income Tax Assessment
25
Act 1997
, as in force immediately before the commencement of this
26
item, continues to apply on and after that commencement in relation to
27
a payment of Defence Force Income Support Allowance made before,
28
on or after the commencement of this item.
29
Exempting adjusted disability pension from the social security income test and removal
of Defence Force Income Support Allowance
Schedule 1
No. , 2021
Veterans' Affairs Legislation Amendment (Exempting Disability
Payments from Income Testing and Other Measures) Bill 2021
7
Social Security Act 1991
1
21 Before subparagraph 8(8)(y)(i)
2
Insert:
3
(ia) pension under Part II or IV of the Veterans'
4
Entitlements Act (other than a pension that is payable
5
under section 30 of that Act to a dependant of a
6
deceased veteran); or
7
22 After subparagraph 8(8)(y)(i)
8
Insert:
9
(ib) pension payable because of subsection 4(6) or (8B) of
10
the
Veterans' Entitlements (Transitional Provisions and
11
Consequential Amendments) Act 1986
(other than a
12
pension payable in respect of a child); or
13
23 Subparagraph 8(8)(y)(ix)
14
Omit "or".
15
24 Subparagraph 8(8)(y)(x)
16
Repeal the subparagraph.
17
25 After paragraph 8(8)(zo)
18
Insert:
19
(zoa) a payment (either as a weekly amount or a lump sum) under
20
section 68, 71, 75 or 80 of the Military Rehabilitation and
21
Compensation Act (permanent impairment);
22
(zob) a payment of a Special Rate Disability Pension under Part 6
23
of Chapter 4 of the Military Rehabilitation and Compensation
24
Act;
25
26 Subsection 23(1) (definition of Defence Force Income
26
Support Allowance or DFISA)
27
Repeal the definition.
28
27 Subsection 23(1D)
29
Repeal the subsection.
30
Schedule 1
Exempting adjusted disability pension from the social security income test
and removal of Defence Force Income Support Allowance
8
Veterans' Affairs Legislation Amendment (Exempting Disability
Payments from Income Testing and Other Measures) Bill 2021
No. , 2021
28 Paragraph 92C(e) (note)
1
Repeal the note.
2
29 Subparagraph 92C(f)(ii)
3
Omit "Act; or", substitute "Act.".
4
30 Subparagraph 92C(f)(iii)
5
Repeal the subparagraph.
6
31 Point 1071A-4 (paragraph (cb) of the definition of income)
7
Repeal the paragraph.
8
32 Subparagraph 1134(1)(e)(ia)
9
Repeal the subparagraph.
10
33 Subclause 146(3) of Schedule 1A
11
Repeal the subclause, substitute:
12
Provisional annual payment rate
13
(3) The person's provisional annual payment rate is taken to be the
14
amount worked out under subclause (4) if
1
/
364
of that amount is
15
greater than
1
/
364
of the person's provisional annual payment rate
16
apart from this clause.
17
Note:
The provisional annual payment rate is an amount worked out under
18
the method statement in point 1064-A1. Point 1064-A1 may be
19
relevant of its own force or because of point 1065-A1 or section 796.
20
34 Subclause 146(6) of Schedule 1A
21
Repeal the subclause.
22
35 Application and saving provisions
23
(1)
Subparagraphs 8(8)(y)(ia) and (ib) and paragraphs 8(8)(zoa) and (zob)
24
of the
Social Security Act 1991
, as inserted by this Schedule, apply in
25
relation to working out if a person is qualified for a social security
26
payment or if a social security payment is payable to a person, or
27
working out the rate of a person's social security payment, in respect of
28
days occurring on or after the commencement of this item.
29
Exempting adjusted disability pension from the social security income test and removal
of Defence Force Income Support Allowance
Schedule 1
No. , 2021
Veterans' Affairs Legislation Amendment (Exempting Disability
Payments from Income Testing and Other Measures) Bill 2021
9
(2)
Subparagraph 8(8)(y)(x) of the
Social Security Act 1991
, as in force
1
immediately before the commencement of this item, continues to apply
2
on and after that commencement in relation to a payment covered by
3
that subparagraph that is made before, on or after that commencement.
4
(3)
Subsection 23(1D) of the
Social Security Act 1991
, as in force
5
immediately before the commencement of this item, continues to apply
6
on and after that commencement in relation to a day occurring before
7
that commencement on which adjusted disability pension (within the
8
meaning of section 118NA of the
Veterans' Entitlements Act 1986
as in
9
force immediately before that commencement) was payable to a person
10
or a person's partner.
11
(4)
Subparagraph 92C(f)(iii) of the
Social Security Act 1991
, as in force
12
immediately before the commencement of this item, continues to apply
13
on and after that commencement in relation to a payment of DFISA
14
bonus under Part VIIAB of the
Veterans' Entitlements Act 1986
that is
15
made before, on or after that commencement.
16
(5)
Paragraph (cb) of the definition of
income
in point 1071A-4 of the
17
Social Security Act 1991
, as in force immediately before the
18
commencement of this item, continues to apply on and after that
19
commencement in relation to a payment covered by that paragraph that
20
is made before, on or after that commencement.
21
(6)
Subparagraph 1134(1)(e)(ia) of the
Social Security Act 1991
, as in force
22
immediately before the commencement of this item, continues to apply
23
on and after that commencement in relation to a day occurring before
24
that commencement on which DFISA under Part VIIAB of the
25
Veterans' Entitlements Act 1986
was payable to a person.
26
(7)
Clause 146 of Schedule 1A to the
Social Security Act 1991
, as in force
27
immediately before the commencement of this item, continues to apply
28
on and after that commencement in relation to working out a person's
29
provisional annual payment rate in relation to a day occurring before
30
that commencement.
31
Schedule 1
Exempting adjusted disability pension from the social security income test
and removal of Defence Force Income Support Allowance
10
Veterans' Affairs Legislation Amendment (Exempting Disability
Payments from Income Testing and Other Measures) Bill 2021
No. , 2021
Social Security (Administration) Act 1999
1
36 Section 123TC (paragraph (ea) of the definition of
2
category H welfare payment)
3
Omit "payment; or", substitute "payment.".
4
37 Section 123TC (paragraph (f) of the definition of category
5
H welfare payment)
6
Repeal the paragraph.
7
38 Section 123TC (paragraph (da) of the definition of
8
category R welfare payment)
9
Omit "payment; or", substitute "payment.".
10
39 Section 123TC (paragraph (e) of the definition of category
11
R welfare payment)
12
Repeal the paragraph.
13
40 Subparagraph 123TK(1)(a)(i)
14
Omit ", income support supplement or Defence Force Income Support
15
Allowance", substitute "or income support supplement".
16
41 Section 124D (subparagraph (c)(i) of the definition of
17
schooling requirement payment)
18
Repeal the subparagraph.
19
42 Saving provisions
20
(1)
Despite the amendments of the
Social Security (Administration) Act
21
1999
made by this Schedule, Part 3B of that Act, as in force
22
immediately before the commencement of this item, continues to apply
23
on and after that commencement in relation to a payment of Defence
24
Force Income Support Allowance made before, on or after that
25
commencement.
26
(2)
Despite the amendments of the
Social Security (Administration) Act
27
1999
made by this Schedule, Part 3C of that Act, as in force
28
immediately before the commencement of this item, continues to apply
29
on and after that commencement in relation to working out if Defence
30
Exempting adjusted disability pension from the social security income test and removal
of Defence Force Income Support Allowance
Schedule 1
No. , 2021
Veterans' Affairs Legislation Amendment (Exempting Disability
Payments from Income Testing and Other Measures) Bill 2021
11
Force Income Support Allowance is payable to a person in relation to a
1
day occurring before that commencement.
2
Veterans' Entitlements Act 1986
3
43 Paragraph 5H(8)(g)
4
Repeal the paragraph.
5
44 Subsection 5L(3C)
6
Omit ", pension bonus bereavement payment, DFISA bonus or DFISA
7
bonus bereavement payment", substitute "or pension bonus
8
bereavement payment".
9
45 Subsection 5Q(1) (definition of Defence Force Income
10
Support Allowance or DFISA)
11
Repeal the definition.
12
46 Subsection 5Q(1) (definition of DFISA bonus)
13
Repeal the definition.
14
47 Subsection 5Q(1) (definition of DFISA bonus bereavement
15
payment)
16
Repeal the definition.
17
48 Paragraph 45TC(1)(e) (note)
18
Repeal the note.
19
49 Subparagraph 45TC(1)(f)(ia)
20
Repeal the subparagraph.
21
50 Paragraph 45TC(2)(e) (note)
22
Repeal the note.
23
51 Subparagraph 45TC(2)(f)(ia)
24
Repeal the subparagraph.
25
Schedule 1
Exempting adjusted disability pension from the social security income test
and removal of Defence Force Income Support Allowance
12
Veterans' Affairs Legislation Amendment (Exempting Disability
Payments from Income Testing and Other Measures) Bill 2021
No. , 2021
52 Paragraph 45TC(3)(e) (note)
1
Repeal the note.
2
53 Subparagraph 45TC(3)(f)(ia)
3
Repeal the subparagraph.
4
54 Section 53J (note)
5
Repeal the note.
6
55 Subsection 53M(7)
7
Repeal the subsection.
8
56 Paragraph 53NA(1)(a)
9
Omit ", DFISA".
10
57 Part VIIAB
11
Repeal the Part.
12
58 Paragraphs 121(5D)(a) and (b)
13
Repeal the paragraphs, substitute:
14
(a) is not to exceed the total of the amount of pension (calculated
15
in accordance with this section) payable to the person for
16
days that:
17
(i) are days on which the pension was payable to the
18
person; and
19
(ii) are included in the first 7 days of the pension period;
20
and
21
59 Subsection 121(5G)
22
Omit "sections 122B, 122D and 122E", substitute "section 122B".
23
60 Subsection 121(6A)
24
Repeal the subsection.
25
61 Sections 122D and 122E
26
Repeal the sections.
27
Exempting adjusted disability pension from the social security income test and removal
of Defence Force Income Support Allowance
Schedule 1
No. , 2021
Veterans' Affairs Legislation Amendment (Exempting Disability
Payments from Income Testing and Other Measures) Bill 2021
13
62 Paragraph 199(e)
1
Repeal the paragraph.
2
63 Application and transitional provisions
3
(1)
Paragraph 5H(8)(g) of the
Veterans' Entitlements Act 1986
, as in force
4
immediately before the commencement of this item, continues to apply
5
on and after that commencement in relation to a payment covered by
6
that paragraph that is made before, on or after that commencement.
7
(2)
Subsection 5L(3C) of the
Veterans' Entitlements Act 1986
, as in force
8
immediately before the commencement of this item, continues to apply
9
on and after that commencement in relation to a payment of DFISA
10
bonus or DFISA bonus bereavement payment that is made before, on or
11
after that commencement.
12
(3)
Subparagraphs 45TC(1)(f)(ia), (2)(f)(ia) and (3)(f)(ia) of the
Veterans'
13
Entitlements Act 1986
, as in force immediately before the
14
commencement of this item, continue to apply on and after that
15
commencement in relation to a payment of DFISA bonus that is made
16
before, on or after that commencement.
17
(4)
Subsection 53M(7) of the
Veterans' Entitlements Act 1986
, as in force
18
immediately before the commencement of this item, continues to apply
19
on and after that commencement in relation to DFISA that was payable
20
before that commencement.
21
(5)
Section 53NA of the
Veterans' Entitlements Act 1986
, as in force
22
immediately before the commencement of this item, continues to apply
23
on and after that commencement in relation to DFISA paid before, on or
24
after that commencement.
25
(6)
The
Veterans' Entitlements Act 1986
, as in force immediately before the
26
commencement of this item, continues to apply on and after that
27
commencement in relation to the following:
28
(a) Defence Force Income Support Allowance that was payable
29
to a person in relation to a day occurring before that
30
commencement;
31
(b) Defence Force Income Support Allowance that is paid to a
32
person before, on or after that commencement in relation to a
33
day occurring before that commencement;
34
Schedule 1
Exempting adjusted disability pension from the social security income test
and removal of Defence Force Income Support Allowance
14
Veterans' Affairs Legislation Amendment (Exempting Disability
Payments from Income Testing and Other Measures) Bill 2021
No. , 2021
(c) adjusted disability pension (within the meaning of
1
section 118NA of that Act as in force immediately before
2
that commencement) payable in relation to a day occurring
3
before that commencement;
4
(d) working out whether DFISA bonus is payable to a person,
5
where adjusted disability pension (within the meaning of
6
section 118NA of that Act as in force immediately before
7
that commencement) was payable in relation to a day
8
occurring before that commencement;
9
(e) DFISA bonus that is paid to a person before, on or after that
10
commencement;
11
(f) working out qualification for, and the amount of, a DFISA
12
bonus bereavement payment and making such a payment,
13
where adjusted disability pension (within the meaning of
14
section 118NA of that Act as in force immediately before
15
that commencement) was payable in relation to a day
16
occurring before that commencement.
17
(7)
The
Veterans' Entitlements Act 1986
and regulations made under
18
Division 4 of Part VIIAB of that Act, as in force immediately before the
19
commencement of this item, continue to apply on and after that
20
commencement in relation to a payment under those regulations that
21
was payable to a person, or a non-financial benefit under those
22
regulations that was to be provided to a person, in relation to a day
23
occurring before that commencement.
24
(8)
Paragraph 199(e) of the
Veterans' Entitlements Act 1986
, as in force
25
immediately before the commencement of this item, continues to apply
26
on and after that commencement in relation to a payment or benefit
27
covered by that paragraph that is made before, on or after that
28
commencement.
29
Increased rent assistance
Schedule 2
No. , 2021
Veterans' Affairs Legislation Amendment (Exempting Disability
Payments from Income Testing and Other Measures) Bill 2021
15
Schedule 2--Increased rent assistance
1
2
Veterans' Entitlements Act 1986
3
1 Paragraph 5H(8)(e) (note)
4
Repeal the note, substitute:
5
Note:
However, a payment referred to in paragraph (b), (c) or (e) is
6
counted in working out a person's total income for the purposes
7
of the hardship rules (see section 52Z).
8
2 Subsection 5H(8) (note)
9
Repeal the note, substitute:
10
Note:
However, some of the amounts referred to in paragraphs (zp), (zq),
11
(zr) and (zu) are counted for the purposes of the hardship rules (see
12
subsection 52Z(3A)).
13
3 Section 59A (table item 6, column 2)
14
Omit "or income support supplement", substitute ", income support
15
supplement or veteran payment".
16
4 Section 59A (table item 6A, column 2)
17
Omit "or income support supplement", substitute ", income support
18
supplement or veteran payment".
19
5 Section 59A (table item 7AA)
20
Repeal the item.
21
6 Point SCH6-C1 of Schedule 6
22
Omit "and point SCH6-C15".
23
7 Point SCH6-C1 of Schedule 6
24
Omit "Points SCH6-C13 and SCH6-C14 apply only to a person who is
25
in receipt of a service pension or a veteran payment. Points
26
SCH6-C14B and SCH6-C14C apply only to a person who is in receipt
27
of an income support supplement.".
28
Schedule 2
Increased rent assistance
16
Veterans' Affairs Legislation Amendment (Exempting Disability
Payments from Income Testing and Other Measures) Bill 2021
No. , 2021
8 Point SCH6-C2 of Schedule 6
1
Omit "Subject to points SCH6-C13 and SCH6-C14 (which apply only
2
to a person who is in receipt of a service pension or a veteran payment)
3
and points SCH6-C14B and SCH6-C14C (which apply only to a person
4
who is in receipt of an income support supplement), a", substitute "A".
5
9 Paragraph SCH6-C7(b) of Schedule 6
6
Omit "pension; and", substitute "pension.".
7
10 Paragraph SCH6-C7(c) of Schedule 6
8
Repeal the paragraph.
9
11 Point SCH6-C7 of Schedule 6 (notes 1 and 2)
10
Repeal the notes.
11
12 Points SCH6-C12 to SCH6-C16 of Schedule 6
12
Repeal the points.
13
13 Application provision
14
The amendments of Schedule 6 to the
Veterans' Entitlements Act 1986
15
made by this Schedule apply in relation to working out the rate of
16
service pension, income support supplement or veteran payment for
17
days occurring on or after the commencement of this item.
18
Removing references to disability pension
Schedule 3
No. , 2021
Veterans' Affairs Legislation Amendment (Exempting Disability
Payments from Income Testing and Other Measures) Bill 2021
17
Schedule 3--Removing references to
1
disability pension
2
3
Veterans' Entitlements Act 1986
4
1 Subsection 5H(1) (paragraph (b) of the definition of
5
adjusted income)
6
Repeal the paragraph, substitute:
7
(b) a payment to the person that is a payment in respect of
8
incapacity or death resulting from employment in connection
9
with a war or war-like operations in which the Crown has
10
been engaged, other than:
11
(i) a pension under Part II or IV (other than a pension that
12
is payable under section 30 to a dependant of a deceased
13
veteran); or
14
(ii) a pension payable because of subsection 4(6) or (8B) of
15
the
Veterans' Entitlements (Transitional Provisions and
16
Consequential Amendments) Act 1986
(other than a
17
pension payable in respect of a child); and
18
2 Paragraph 5H(8)(ea)
19
Omit "a disability pension payable to the person under Part 2 or Part 4",
20
substitute "a pension payable to the person under Part II or IV".
21
3 Subsection 5Q(1) (definition of disability pension)
22
Repeal the definition.
23
4 Part II (heading)
24
Repeal the heading, substitute:
25
Part II--Pensions by way of compensation to
26
veterans and their dependants
27
5 Division 2 of Part II (heading)
28
Repeal the heading, substitute:
29
Schedule 3
Removing references to disability pension
18
Veterans' Affairs Legislation Amendment (Exempting Disability
Payments from Income Testing and Other Measures) Bill 2021
No. , 2021
Division 2--Eligibility for pensions by way of
1
compensation to veterans and their dependants
2
6 Section 13 (heading)
3
Repeal the heading, substitute:
4
13 Eligibility for pensions by way of compensation to veterans and
5
their dependants
6
7 Paragraph 52Z(3A)(da)
7
Omit "a disability pension payable to the person under Part II or
8
Part IV", substitute "a pension payable to the person under Part II or
9
IV".
10
8 Section 62A (heading)
11
Repeal the heading, substitute:
12
62A Energy supplement for veterans and members of Defence Force
13
or Peacekeeping Force
14
9 Part IV (heading)
15
Repeal the heading, substitute:
16
Part IV--Pensions by way of compensation to
17
members of Defence Force or Peacekeeping
18
Force and their dependants
19
10 Division 2 of Part IV (heading)
20
Repeal the heading, substitute:Division 2--Eligibility for pensions by
21
way of compensation to members of Defence Force or Peacekeeping
22
Force and their dependants
23
11 Section 70 (heading)
24
Repeal the heading, substitute:
25
Removing references to disability pension
Schedule 3
No. , 2021
Veterans' Affairs Legislation Amendment (Exempting Disability
Payments from Income Testing and Other Measures) Bill 2021
19
70 Eligibility for pensions by way of compensation to members of
1
Defence Force or Peacekeeping Force and their
2
dependants
3
12 Section 98A (heading)
4
Repeal the heading, substitute:
5
98A Bereavement payment in respect of partnered veterans
6
receiving pensions by way of compensation
7
13 Paragraph 98A(1)(b)
8
Omit "a disability pension", substitute "a pension under Part II or IV
9
(other than a pension payable to a person as a dependant of a deceased
10
veteran)".
11
14 Paragraph 98A(2)(a)
12
Omit "the disability pension" (wherever occurring), substitute "that
13
pension".
14
15 Subparagraph 98A(2)(b)(i)
15
Omit "the disability pension", substitute "that pension".
16
16 Subsection 98A(3) (paragraph (a) of the definition of
17
deceased veteran's amount)
18
Omit "in receipt of the disability pension", substitute "in receipt of the
19
pension covered by paragraph (1)(b)".
20
17 Subsection 98A(3) (paragraph (a) of the definition of
21
deceased veteran's amount)
22
Omit "the amount of the disability pension", substitute "the amount of
23
that pension".
24
18 Subsection 98A(3) (subparagraph (b)(i) of the definition of
25
deceased veteran's amount)
26
Omit "disability pension", substitute "pension covered by
27
paragraph (1)(b)".
28
Schedule 3
Removing references to disability pension
20
Veterans' Affairs Legislation Amendment (Exempting Disability
Payments from Income Testing and Other Measures) Bill 2021
No. , 2021
19 Paragraph 98A(5)(a)
1
Omit "disability pension", substitute "pension covered by
2
paragraph (1)(b)".
3
20 Subsection 98A(6) (definition of disability pension)
4
Repeal the definition.
5
21 Subsection 98A(6) (definition of first available pension pay
6
day)
7
Omit "disability pension", substitute "pension covered by
8
paragraph (1)(b)".
9
22 Section 98AA (heading)
10
Repeal the heading, substitute:
11
98AA Bereavement payments in respect of certain single veterans
12
receiving pensions by way of compensation
13
Indexation of above general rates
Schedule 4
No. , 2021
Veterans' Affairs Legislation Amendment (Exempting Disability
Payments from Income Testing and Other Measures) Bill 2021
21
Schedule 4--Indexation of above general
1
rates
2
3
Veterans' Entitlements Act 1986
4
1 Subsection 198(5E)
5
Repeal the subsection, substitute:
6
Indexation of each above general rate
7
(5E) This Act has effect as if, on each adjustment day, there were
8
substituted, for each above general rate, the rate worked out using
9
the following formula and rounded up to the nearest $0.10:
10
Above general rate on the day
Pension MBR factor
×
before the adjustment day
for the adjustment day
11
2 Application provision
12
The amendment made by this Schedule applies in relation to each
13
adjustment day that occurs after the commencement of this item.
14
Schedule 5
Non-liability rehabilitation pilot
22
Veterans' Affairs Legislation Amendment (Exempting Disability
Payments from Income Testing and Other Measures) Bill 2021
No. , 2021
Schedule 5--Non-liability rehabilitation pilot
1
2
Military Rehabilitation and Compensation Act 2004
3
1 Section 3
4
After:
5
(a)
compensation and other benefits to be provided for
6
current and former members of the Defence Force who
7
suffer a service injury or disease; and
8
insert:
9
(aa)
rehabilitation programs for current or former members
10
of the Defence Force (including some who have made a
11
claim for acceptance of liability by the Commission for
12
a service injury or disease and some who have not made
13
such a claim and who need not have a service injury or
14
disease); and
15
2 Section 37
16
After:
17
This Chapter provides for the following for certain current and
18
former members suffering a service injury or disease:
19
(a)
rehabilitation programs;
20
(b)
assistance in finding suitable defence or civilian work;
21
(c)
assistance in moving from defence service to civilian
22
life.
23
insert:
24
This Chapter also provides for rehabilitation programs for certain
25
current and former members who:
26
(a)
have made a claim for acceptance of liability by the
27
Commission for a service injury or disease, where the
28
claim has not been determined; or
29
Non-liability rehabilitation pilot
Schedule 5
No. , 2021
Veterans' Affairs Legislation Amendment (Exempting Disability
Payments from Income Testing and Other Measures) Bill 2021
23
(b)
have not made such a claim and who need not have a
1
service injury or disease.
2
3 Section 37
3
After:
4
Part 2 also provides for rehabilitation for certain persons who have
5
made a claim for acceptance of liability by the Commission for a
6
service injury or disease, where the claim has not been determined.
7
insert:
8
Part 2A provides for a non-liability rehabilitation pilot for certain
9
members or former members who have not made such a claim and
10
who need not have a service injury or disease.
11
4 Part 2 of Chapter 3 (heading)
12
Repeal the heading, substitute:
13
Part 2--Rehabilitation programs--general
14
5 After Part 2 of Chapter 3
15
Insert:
16
Part 2A--Non-liability rehabilitation pilot
17
18
53A Simplified outline of this Part
19
There is a non-liability rehabilitation pilot for certain members or
20
former members who:
21
(a)
have not made a claim for acceptance of liability by the
22
Commission for a service injury or disease; and
23
(b)
need not have a service injury or disease.
24
For these members or former members, a rehabilitation program is
25
to be provided that consists of either or both of the following:
26
Schedule 5
Non-liability rehabilitation pilot
24
Veterans' Affairs Legislation Amendment (Exempting Disability
Payments from Income Testing and Other Measures) Bill 2021
No. , 2021
(a)
vocational assessment and rehabilitation;
1
(b)
psycho-social training.
2
53B Persons to whom this Part applies
3
(1) This Part applies to a person if:
4
(a) either:
5
(i) the person is a member; or
6
(ii) the person is a former member but the person was a
7
member at any time on or after 1 December 1988; and
8
(b) the person has not made a claim of a kind referred to in
9
paragraph 319(1)(a); and
10
(c) the person is included in a class of persons determined in an
11
instrument under section 53D; and
12
(d) the Commission has determined, in writing, that this Part
13
applies to the person.
14
(2) A determination under paragraph (1)(d) is not a legislative
15
instrument.
16
(3) The member or former member need not have sustained a service
17
injury or contracted a service disease.
18
(4) Sections 7, 8 and 9 of the
Military Rehabilitation and
19
Compensation (Consequential and Transitional Provisions) Act
20
2004
do not apply for the purposes of this Part.
21
53C Provision of rehabilitation programs
22
(1) The rehabilitation authority for a person to whom this Part applies
23
must make arrangements with an approved program provider for
24
the provision of a rehabilitation program for the person that
25
consists of either or both of the following:
26
(a) vocational assessment and rehabilitation;
27
(b) psycho-social training.
28
(2) For the purposes of designing or providing the rehabilitation
29
program:
30
(a) the rehabilitation authority or approved program provider
31
concerned may seek the assistance of persons with suitable
32
Non-liability rehabilitation pilot
Schedule 5
No. , 2021
Veterans' Affairs Legislation Amendment (Exempting Disability
Payments from Income Testing and Other Measures) Bill 2021
25
qualifications or expertise in the design or provision of
1
rehabilitation programs; and
2
(b) the rehabilitation authority or approved program provider
3
concerned may take into account any relevant information of
4
which it is aware or that is brought to its attention.
5
Conditions and limits
6
(3) A rehabilitation program under this section is subject to:
7
(a) the conditions in relation to the provision of the program that
8
are determined in an instrument under section 53D; and
9
(b) the limits (whether financial or otherwise) in relation to the
10
provision of the program that are determined in that
11
instrument.
12
Cost of rehabilitation program to be paid by Commonwealth
13
(4) The cost of a rehabilitation program under this section is to be paid
14
by the Commonwealth.
15
Section 38 does not apply
16
(5) Section 38 does not apply for the purposes of this Part.
17
53D Legislative instrument
18
(1) The Commission may, by legislative instrument:
19
(a) determine a class of persons for the purposes of
20
paragraph 53B(1)(c); and
21
(b) determine conditions in relation to the provision of a
22
rehabilitation program for the purposes of
23
paragraph 53C(3)(a); and
24
(c) determine limits (whether financial or otherwise) in relation
25
to the provision of a rehabilitation program for the purposes
26
of paragraph 53C(3)(b).
27
(2) Without limiting subsection (1), a determination under that
28
subsection may make provision for and in relation to an approved
29
program provider or the Commission being satisfied of one or
30
more specified matters.
31