Veterans' Entitlements Act 1986
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Service pensions—changes introduced on 1 October 1995
(1) Despite Schedule 6, if: (a) a person was receiving a service pension immediately before 1 October 1995; and (b) the person was a member of a couple immediately before 1 October 1995; and (c) the…
Section 2 — Standard categories of family situations
(1) The Rate Calculator uses the following standard categories of family situations: (a) not member of a couple; (b) member of a couple or partnered; (c) member of an illness separated couple; (d)…
Section 3 — Explanation of Rate Calculator
(1) The Rate Calculator is divided into Modules (for example, Module A). (2) A Module of the Rate Calculator is divided into points. (3) The points in a Module are identified by: (a) the letters and…
Section 4 — Application for income tax purposes of reductions in respect of service pension, income support supplement or veteran payment
Service pension and veteran payment (1) If a person’s rate of service pension or veteran payment is affected by a reduction under any or all of the following: (a) Module E (ordinary/adjusted income…
Section 4A — Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Section 4B — Secretary may arrange for use of computer programs to make decisions
(1) The Secretary may arrange for the use, under the Secretary’s control, of computer programs for any purposes for which the Commission may, or must, under this Act or a legislative instrument made…
Section 5 — Rent assistance (changes introduced on 20 March 1993)
(1) This clause applies to a person if: (a) immediately before 20 March 1993: (i) the person was receiving a service pension; and (ii) the person’s pension included an amount by way of rent…
Section 5A — Repatriation Commission definitions
In this Act, unless the contrary intention appears: acting commissioner means a person who is acting as a commissioner because of an appointment under section 191. Acting Deputy President means a…
Section 5GA — Pension supplement rate definitions
(1) In this Act, the combined couple rate of pension supplement is $2,199.60. Note 1: This rate is indexed 6 monthly in line with CPI increases (see sections 59B to 59E). Note 2: This rate is an…
Section 5JA — Meaning of asset-test exempt income stream—lifetime income streams
General requirements (1) An income stream provided to a person is an asset-test exempt income stream for the purposes of this Act if: (aa) subject to subsection (1AA), the income stream’s…
Section 5JBA — Meaning of asset-test exempt income stream—market-linked income streams
General requirements (1) An income stream provided to a person is also an asset-test exempt income stream for the purposes of this Act if: (a) all of the following criteria are satisfied: (i) the…
Section 5LA — Principal home definition for the purpose of the assets test
Principal home (1) A reference in this Act to the principal home of a person includes a reference to: (a) if the principal home is a dwelling-house—the land adjacent to the dwelling-house to the…
Section 5MA — Granny flat definitions
(1) In this Act, unless the contrary intention appears: granny flat interest has the meaning given by subsection (2). granny flat resident has the meaning given by subsection (3). (2) A person has a…
Section 5NA — Indexation and rate adjustment definitions
(1) In this Act, unless the contrary intention appears: current figure, as at a particular time and in relation to an amount that is to be indexed or adjusted under Division 18 of Part IIIB, means:…
Section 5QA — Pension age for veterans
(1) This section deals with the pension age for veterans. Men (2) A man reaches pension age when he turns 60 years. Women (3) A woman born before 1 July 1940 reaches pension age when she turns 55.…
Section 5QAA — Equal amounts
(1) Where: (a) a provision of this Act refers to: (i) the greater or greatest, or the higher or highest; or (ii) the lesser or least, or the lower or lowest; of 2 or more amounts; and (b) the amounts…
Section 5AB — Repatriation Medical Authority and Specialist Medical Review Council definitions
(1) In this Act, unless the contrary intention appears: Chairperson means the Chairperson of the Repatriation Medical Authority. Convener means the Convener of the Review Council. councillor means…
Section 5B — War and operational area related definitions
(1) In this Act, unless the contrary intention appears: allotted for duty in an operational area has the meaning given by subsection (2). operational area means an area described in column 1 of…
Section 5JB — Meaning of asset-test exempt income stream—life expectancy income streams
(1) An income stream provided to a person is also an asset-test exempt income stream for the purposes of this Act if: (a) the following criteria are satisfied: (i) the income stream’s commencement…
Section 5JBB — Meaning of asset-test exempt income stream—military invalidity pension income stream
An income stream provided to a person is an asset-test exempt income stream for the purposes of this Act if the income stream is a military invalidity pension income stream.
Section 5MB — Sale leaseback definitions
(1) In this Act, unless the contrary intention appears: deferred payment amount has the meaning given by subsections (6), (7) and (8). initial payment amount has the meaning given by subsections (4)…
Section 5NB — Compensation recovery definitions
(1) In this Act, unless the contrary intention appears: average weekly earnings, in relation to a lump sum preclusion period, means the amount: (a) estimated as the average total weekly earnings,…
Section 5PB — Seniors health card definitions
(1) In this Act, unless the contrary intention appears: holder of a seniors health card has the meaning given by subsection (2). (2) A person is the holder of a seniors health card while there is in…
Section 5QB — Pension age for persons other than veterans
(1) This section deals with the pension age for persons other than veterans. Men (2) A man born during the period specified in column 2 of an item in the following table reaches pension age when he…
Section 5C — Eligibility related definitions
(1) In this Act, unless the contrary intention appears: allied country means any country (not being Australia or a Commonwealth country): (a) that was, at the relevant time, at war with the enemy; or…
Section 5JC — Family law affected income streams
If: (a) an income stream is acquired or purchased (the original family law affected income stream) by a person (the member); and (b) the member’s partner or former partner (the non-member) becomes…
Section 5MC — Special residence and resident definitions
(1) In this Act, unless the contrary intention appears: actual value has the meaning given by subsection (4). special residence has the meaning given by subsection (2). special resident has the…
Section 5NC — In care definitions
(1) In this Act: aged care resident has the meaning given by subsection (5). in a care situation has the meaning given by subsection (2). in respite care has the meaning given by subsection (8).…
Section 5PC — Exempt funeral investments
(1) Work out whether a funeral investment that relates to a particular funeral is an exempt funeral investment by applying these rules: (a) the expenses for the funeral must not be prepaid; and (b)…
Section 5D — Injury/disease definitions
(1) In this Act, unless the contrary intention appears: blinded in an eye has the meaning given by subsection (3). disease means: (a) any physical or mental ailment, disorder, defect or morbid…
Section 5JD — Asset-tested status of secondary FLA income streams
If there is a primary FLA income stream (1) If a primary FLA income stream is, or would be if the income stream were assessed for the purposes of this Act: (a) an asset-tested income stream (long…
Section 5E — Family relationships definitions—couples
(1) In this Act, unless the contrary intention appears: couple has the meaning given by subsections (2), (3) and (4). member of a couple has the meaning given by subsections (2), (3), (4) and (4A).…
Section 5JE — Asset-tested income stream (lifetime)
(1) Subject to subsection (2), an income stream is an asset-tested income stream (lifetime) if: (a) the contract, or governing rules, for the provision of the income stream ensure that, once payments…
Section 5F — Family relationships definitions—children
(1) In this Act, unless the contrary intention appears: Aboriginal study assistance scheme means: (a) the ABSTUDY Scheme; or (b) the Aboriginal Overseas Study Assistance Scheme; or (c) a scheme…
Section 5G — Australian residence definitions
(1) In this Act, unless the contrary intention appears: Australian resident has the meaning given by subsection (1AA). holder, in relation to a visa, has the same meaning as in the Migration Act…
Section 5H — Income test definitions
(1) In this Act, unless the contrary intention appears: adjusted income, in relation to a person for the purpose of assessment of the rate of income support supplement, means the sum of: (a) the…
Section 5I — Special Rate Disability Pension reduction amount
For the purposes of paragraphs 5H(8)(zr) and 52Z(3A)(i), the amount per fortnight is: where: Special Rate Disability Pension reduction amount means the amount by which the Special Rate Disability…
Section 5J — Financial assets and income streams definitions
(1) In this Act, unless the contrary intention appears: approved deposit fund has the same meaning as in the Income Tax Assessment Act 1997. asset-tested income stream (lifetime) has the meaning…
Section 5K — Maintenance income definitions
In this Act, the expressions disability expenses maintenance, maintenance and maintenance income have the same respective meanings as in the Family Assistance Act.
Section 5L — Assets test definitions
(1) In this Act, unless the contrary intention appears: accommodation bond has the same meaning as in the Aged Care Act 2024. accommodation bond balance has the same meaning as in the Aged Care Act…
Section 5M — Retirement village definitions
(1) In this Act: member of an ordinary couple with different principal homes has the meaning given by subsection (2). retirement village has the meaning given by subsections (3) and (4). retirement…
Section 5N — Rent definitions
(1) In this Act, unless the contrary intention appears: amount of rent paid or payable has the meaning given by subsections (6) and (7). board, when used in the expression board and lodging, means…
Section 5Q — Dictionary
(1) In this Act, unless the contrary intention appears: Aboriginal study assistance scheme: see subsection 5F(1). accommodation bond: see subsection 5L(1). accommodation bond balance: see subsection…
Section 5R — Determinations having interpretative effect
Continuous full-time service determination; member of unit of Defence Force determination (1) The Minister may, by notice in writing published in the Gazette, make, in respect of a person, or of…
Section 5T — Lodgment of claims, applications, requests and documents
(1) This section regulates the lodgment of all claims, applications, requests or other documents under this Act. Note: So far as concerns the lodgment of documents with the Repatriation Medical…
Section 5U — Notes
For the purposes of this Act, a Note is taken to be part of: (a) if the Note immediately follows a section that does not contain subsections—the section; or (b) if the Note immediately follows a…
Section 6 — Operational service—general outline
Sections 6A to 6F deal with operational service as set out in the following table: Operational service Item Section number Type of operational service 1 6A Operational service—world wars 2 6B…
Section 6A — Operational service—world wars
(1) Subject to subsection (3), a person referred to in column 2 of an item in the following table is taken to have been rendering operational service during any period during which the person was…
Section 6DA — Operational service—minesweeping and bomb/mine clearance service
A member of the Defence Force is taken to have been rendering operational service during any period of service in respect of which the member has been awarded, or has become eligible to be awarded,…
Section 6B — Operational service—Australian mariners
(1) A person is taken to have been rendering operational service during: (a) any period of employment outside Australia as an Australian mariner on a ship; or (b) any period of employment within…