Section 31 — Veterans' Entitlements Act 1986: Amounts affecting transitional rate of service pension

Single Australian resident in Australia (1) For the purposes of subparagraph 30(4)(a)(i), work out the amount as follows if, on the relevant day: (a) the person’s family situation is any of the following: (i) not a member of a couple; (ii) member of an illness separated couple; (iii) member of a respite care couple; and (b) the person is residing in Australia; and (c) the person either: (i) is in Australia; or (ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks. Method statement Step 1. Work out what each of the following amounts would have been on 20 September 2009, taking account of indexation (if any) under Division 18 of Part IIIB or Part XII on that day, if the Veterans’ Affairs and Other Legislation Amendment (Pension Reform) Act 2009 had not been enacted: (a) the amount that would be the pension MBR (within the meaning of Division 18 of Part IIIB) for a person who is not a member of a couple assuming that section 59EA did not apply on 20 September 2009; (b) pension supplement (within the meaning of Division 18 of Part IIIB) for a person who is not (and was not on 1 July 2000) a member of a couple; (c) PA (service pension) rate (within the meaning of Division 18 of Part IIIB); (d) the rate of telephone allowance in subsection 118SA(1); (e) the rate of utilities allowance in section 118OC for a person who is not a member of a couple. Step 2. Identify the greater of the amount described in paragraph (e) of step 1 and $525.20 (or either of them if they are the same). Step 3. Add up all the amounts worked out under step 1 and the amount identified under step 2. Step 4. If the result of step 3 is not a multiple of $2.60, round that result up to the next multiple of $2.60. Note 1: For member of a couple, illness separated couple and respite care couple see subsections 5E(1) and 5R(5) and (6) respectively. Note 2: Subsection 5G(1A) is relevant to determining whether a person is residing in Australia. Note 3: Section 59A explains the abbreviations used in Division 18 of Part IIIB. Partnered Australian resident in Australia (2) For the purposes of subparagraph 30(4)(a)(i), work out the amount as follows if, on the relevant day: (a) the person is a member of a couple, but not a member of an illness separated couple or respite care couple; and (b) the person is residing in Australia; and (c) the person either: (i) is in Australia; or (ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks. Method statement Step 1. Work out what each of the following amounts would have been on 20 September 2009, taking account of indexation (if any) under Division 18 of Part IIIB or Part XII on that day, if the Veterans’ Affairs and Other Legislation Amendment (Pension Reform) Act 2009 had not been enacted: (a) the amount that would be the pension MBR (within the meaning of Division 18 of Part IIIB) for a member of a couple (other than an illness separated couple or a respite care couple) assuming that section 59EA did not apply on 20 September 2009; (b) pension supplement (within the meaning of Division 18 of Part IIIB) for a person who is (and was on 1 July 2000) a member of a couple (other than an illness separated couple or a respite care couple); (c) PA (service pension) rate (within the meaning of Division 18 of Part IIIB); (d) the rate of telephone allowance in subsection 118SA(2); (e) the rate of utilities allowance in section 118OC for a member of a couple (other than an illness separated couple or a respite care couple). Step 2. Identify the greater of the amount described in paragraph (e) of step 1 and $262.60 (or either of them if they are the same). Step 3. Add up all the amounts worked out under step 1 and the amount identified under step 2. Step 4. If the result of step 3 is not a multiple of $2.60, round that result up to the next multiple of $2.60. Note 1: For member of a couple, illness separated couple and respite care couple see subsections 5E(1) and 5R(5) and (6) respectively. Note 2: Subsection 5G(1A) is relevant to determining whether a person is residing in Australia. Note 3: Section 59A explains the abbreviations used in Division 18 of Part IIIB. Single person not covered by subclause (1) (3) For the purposes of subparagraph 30(4)(a)(i), work out the amount as follows if, on the relevant day: (a) the person’s family situation is any of the following: (i) not a member of a couple; (ii) member of an illness separated couple; (iii) member of a respite care couple; and (b) the person either: (i) is not residing in Australia; or (ii) is absent from Australia and has been so for a continuous period exceeding 6 weeks. Method statement Step 1. Work out what each of the following amounts would have been on 20 September 2009, taking account of indexation under Division 18 of Part IIIB on that day, if the Veterans’ Affairs and Other Legislation Amendment (Pension Reform) Act 2009 had not been enacted: (a) the amount that would be the pension MBR (within the meaning of Division 18 of Part IIIB) for a person who is not a member of a couple assuming that section 59EA did not apply on 20 September 2009; (b) pension supplement (within the meaning of Division 18 of Part IIIB) for a person who is not (and was not on 1 July 2000) a member of a couple. Step 2. Add up the amounts worked out under step 1. Note 1: For member of a couple, illness separated couple and respite care couple see subsections 5E(1) and 5R(5) and (6) respectively. Note 2: Subsection 5G(1A) is relevant to determining whether a person is residing in Australia. Note 3: Section 59A explains the abbreviations used in Division 18 of Part IIIB. Partnered person not covered by subclause (2) (4) For the purposes of subparagraph 30(4)(a)(i), work out the amount as follows if, on the relevant day: (a) the person is a member of a couple, but not a member of an illness separated couple or respite care couple; and (b) the person either: (i) is not residing in Australia; or (ii) is absent from Australia and has been so for a continuous period exceeding 6 weeks. Method statement Step 1. Work out what each of the following amounts would have been on 20 September 2009, taking account of indexation under Division 18 of Part IIIB on that day, if the Veterans’ Affairs and Other Legislation Amendment (Pension Reform) Act 2009 had not been enacted: (a) the amount that would be the pension MBR (within the meaning of Division 18 of Part IIIB) for a member of a couple (other than an illness separated couple or a respite care couple) assuming that section 59EA did not apply on 20 September 2009; (b) pension supplement (within the meaning of Division 18 of Part IIIB) for a person who is (and was on 1 July 2000) a member of a couple (other than an illness separated couple or a respite care couple). Step 2. Add up the amounts worked out under step 1. Note 1: For member of a couple, illness separated couple and respite care couple see subsections 5E(1) and 5R(5) and (6) respectively. Note 2: Subsection 5G(1A) is relevant to determining whether a person is residing in Australia. Note 3: Section 59A explains the abbreviations used in Division 18 of Part IIIB.