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This is a Bill, not an Act. For current law, see the Acts databases.

VETERANS' ENTITLEMENTS AMENDMENT (INCOME SUPPORT MEASURES) BILL 2010

2008-2009-2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Veterans' Entitlements Amendment
(Income Support Measures) Bill 2010
No. , 2010
(Veterans' Affairs)
A Bill for an Act to amend the law relating to
veterans' entitlements, and for related purposes
i Veterans' Entitlements Amendment (Income Support Measures) Bill 2010 No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Veterans' Entitlements Act 1986
3
Veterans' Entitlements Amendment (Income Support Measures) Bill 2010 No. , 2010 1
A Bill for an Act to amend the law relating to
1
veterans' entitlements, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Veterans' Entitlements Amendment
5
(Income Support Measures) Act 2010.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Veterans' Entitlements Amendment (Income Support Measures) Bill 2010 No. ,
2010
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 this Act receives the Royal Assent.
2. Schedule 1,
items 1 to 28
The day this Act receives the Royal Assent.
3. Schedule 1,
items 29 to 33
The day after this Act receives the Royal
Assent.
4. Schedule 1,
items 34 and 35
The day this Act receives the Royal Assent.
5. Schedule 1,
item 36
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendments Schedule 1
Veterans' Entitlements Amendment (Income Support Measures) Bill 2010 No. , 2010
3
Schedule 1--Amendments
1
2
Veterans' Entitlements Act 1986
3
1 Section 5 (index of definitions)
4
Omit:
5
benevolent home
5Q(1)
2 Paragraph 5H(8)(v)
6
Omit "the Labour Force", substitute "Labour Market".
7
3 Paragraph 5H(8)(w)
8
Repeal the paragraph, substitute:
9
(w) in the case of a person who:
10
(i) is receiving a service pension, income support
11
supplement, a social security pension or a social
12
security benefit; and
13
(ii) is in part-time training, or engaged in part-time work
14
experience, under a program included in the programs
15
known as Labour Market Programs;
16
a payment received by the person under that program in
17
respect of the person's expenses associated with his or her
18
participation in the training or work experience;
19
4 Subsection 5Q(1) (definition of benevolent home)
20
Repeal the definition.
21
5 After subsection 36JE(1)
22
Insert:
23
(1A)
If:
24
(a) a person has claimed an age service pension; and
25
(b) the Secretary is satisfied that the claimant's partner (if any)
26
may be entitled to a comparable foreign pension if the partner
27
applied for that pension;
28
the Secretary may give the claimant a notice that requires the
29
partner to take reasonable action to obtain the comparable foreign
30
pension.
31
Schedule 1 Amendments
4 Veterans' Entitlements Amendment (Income Support Measures) Bill 2010 No. ,
2010
Note:
The heading to section 36JE is altered by inserting "or claimant's partner" after
1
"claimant".
2
6 Subsection 36JE(2)
3
Omit "The notice", substitute "A notice under subsection (1) or (1A)".
4
7 Paragraph 36JE(4)(a)
5
Omit "the notice", substitute "a notice under subsection (1) or (1A)".
6
8 Paragraph 36JE(4)(b)
7
After "claimant", insert ", or the claimant's partner,".
8
9 After subsection 37JE(1)
9
Insert:
10
(1A)
If:
11
(a) a person has claimed an invalidity service pension; and
12
(b) the Secretary is satisfied that the claimant's partner (if any)
13
may be entitled to a comparable foreign pension if the partner
14
applied for that pension;
15
the Secretary may give the claimant a notice that requires the
16
partner to take reasonable action to obtain the comparable foreign
17
pension.
18
Note:
The heading to section 37JE is altered by inserting "or claimant's partner" after
19
"claimant".
20
10 Subsection 37JE(2)
21
Omit "The notice", substitute "A notice under subsection (1) or (1A)".
22
11 Paragraph 37JE(4)(a)
23
Omit "the notice", substitute "a notice under subsection (1) or (1A)".
24
12 Paragraph 37JE(4)(b)
25
After "claimant", insert ", or the claimant's partner,".
26
13 After subsection 38JE(1)
27
Insert:
28
(1A)
If:
29
(a) a person has claimed a partner service pension; and
30
Amendments Schedule 1
Veterans' Entitlements Amendment (Income Support Measures) Bill 2010 No. , 2010
5
(b) the Secretary is satisfied that the claimant's partner (if any)
1
may be entitled to a comparable foreign pension if the partner
2
applied for that pension;
3
the Secretary may give the claimant a notice that requires the
4
partner to take reasonable action to obtain the comparable foreign
5
pension.
6
Note:
The heading to section 38JE is altered by inserting "or claimant's partner" after
7
"claimant".
8
14 Subsection 38JE(2)
9
Omit "The notice", substitute "A notice under subsection (1) or (1A)".
10
15 Paragraph 38JE(4)(a)
11
Omit "the notice", substitute "a notice under subsection (1) or (1A)".
12
16 Paragraph 38JE(4)(b)
13
After "claimant", insert ", or the claimant's partner,".
14
17 After subsection 45NF(1)
15
Insert:
16
(1A)
If:
17
(a) a person has claimed income support supplement; and
18
(b) the Secretary is satisfied that the claimant's partner (if any)
19
may be entitled to a comparable foreign pension if the partner
20
applied for that pension;
21
the Secretary may give the claimant a notice that requires the
22
partner to take reasonable action to obtain the comparable foreign
23
pension.
24
Note:
The heading to section 45NF is altered by inserting "or claimant's partner" after
25
"claimant".
26
18 Subsection 45NF(2)
27
Omit "The notice", substitute "A notice under subsection (1) or (1A)".
28
19 Paragraph 45NF(4)(a)
29
Omit "the notice", substitute "a notice under subsection (1) or (1A)".
30
20 Paragraph 45NF(4)(b)
31
Schedule 1 Amendments
6 Veterans' Entitlements Amendment (Income Support Measures) Bill 2010 No. ,
2010
After "claimant", insert ", or the claimant's partner,".
1
21 Subsection 52AA(1)
2
After "other than", insert "Division 3 or".
3
22 Subsection 52AA(1)
4
After "52H,", insert "52JA, 52JB, 52JC, 52JD,".
5
23 After subsection 54BA(1)
6
Insert:
7
(1A)
If:
8
(a) a person is receiving a service pension or income support
9
supplement; and
10
(b) the Secretary is satisfied that the person's partner (if any)
11
may be entitled to a comparable foreign pension if the partner
12
applied for that pension;
13
the Secretary may give the person a notice that requires the partner
14
to take reasonable action to obtain the comparable foreign pension.
15
Note:
For the consequences of a failure to comply with the notice see
16
section 56EB.
17
Note:
The heading to section 54BA is altered by inserting "or the person's partner" after
18
"paid".
19
24 Subsection 54BA(2)
20
Omit "The notice", substitute "A notice under subsection (1) or (1A)".
21
25 Paragraph 56EB(1)(a)
22
Omit "section 54BA", substitute "subsection 54BA(1) or (1A)".
23
26 Paragraph 56EB(1)(b)
24
After "person", insert ", or the person's partner,".
25
27 Subdivision A of Division 14 of Part IIIB (heading)
26
Repeal the heading.
27
28 Subdivision B of Division 14 of Part IIIB
28
Repeal the Subdivision.
29
Amendments Schedule 1
Veterans' Entitlements Amendment (Income Support Measures) Bill 2010 No. , 2010
7
29 After section 203
1
Insert:
2
204 Debt recovery relating to payment of comparable foreign
3
pension
4
(1) This section applies if:
5
(a) an amount (the affected amount) was paid to a person by
6
way of a service pension or income support supplement in
7
respect of a particular period; and
8
(b) another amount (the lump sum) was paid as a lump sum:
9
(i) to the person; or
10
(ii) to the person's partner, if the person is a member of a
11
couple;
12
by way of a payment of arrears of a comparable foreign
13
pension in respect of that period; and
14
(c) assuming that the lump sum had been paid by way of
15
periodical payments of the comparable foreign pension in
16
respect of that period, the affected amount would have been
17
reduced.
18
(2) The amount by which the affected amount would have been
19
reduced is a debt due by the person to the Commonwealth.
20
(3) Section 46A does not apply to the person in respect of the lump
21
sum.
22
30 After paragraph 205(1)(f)
23
Insert:
24
(fa) a person has incurred a debt under subsection 204(2); or
25
31 Paragraph 205(2)(b)
26
Omit "or (f)", substitute ", (f) or (fa)".
27
32 Subsection 205(8) (paragraph (c) of the definition of
28
excluded amount)
29
Omit "or (f)", substitute ", (f) or (fa)".
30
33 Subsection 205(8) (paragraph (d) of the definition of
31
recoverable amount)
32
Schedule 1 Amendments
8 Veterans' Entitlements Amendment (Income Support Measures) Bill 2010 No. ,
2010
Omit "or (f)", substitute ", (f) or (fa)".
1
34 Application--obtaining comparable foreign pension
2
The amendments made by items 5, 9, 13 and 17 apply in relation to
3
claims made on or after the commencement of those items.
4
35 Application--value of a person's assets
5
(1)
The amendment made by item 21 applies in relation to working out the
6
value of a person's assets on or after the commencement of that item.
7
(2)
The amendment made by item 22 applies in relation to working out the
8
value of a person's assets on or after the commencement of that item
9
(where the relevant dispositions occur on or after that commencement).
10
36 Application--debt recovery relating to payment of
11
comparable foreign pension
12
Section 204 of the Veterans' Entitlements Act 1986, as inserted by this
13
Act, applies in relation to lump sums paid on or after the
14
commencement of this item (regardless of whether the period to which
15
the lump sum relates begins before, on or after that commencement).
16

 

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