Veterans' Entitlements Act 1986

Sections and provisions with full text and the judgments that cite each one.

Section 52X — Members of ordinary couple with different principal homes (partner not in special residence and partner not property owner)

(1) This section applies to a special resident if: (a) the resident is a member of an ordinary couple with different principal homes; and (b) the principal home of the resident’s partner is not a…

Section 52ZX — Power to veto decisions of a trustee

For the purposes of this Division, if the decisions of a trustee are subject to the consent of an entity, the entity is taken to be able to veto the decisions of the trustee.

Section 52ZZX — Disposal of asset by company or trust

(1) If: (a) an individual is an attributable stakeholder of a company or trust; and (b) the company or trust disposes of an asset of the company or trust; Subdivisions BA and BB of Division 11 and…

Section 52Y — Access to financial hardship rules

(1) Where: (a) either: (i) a service pension, income support supplement or a veteran payment is not payable to a person because of the application of an assets test; or (ii) a person’s service…

Section 52ZY — Extra-territorial operation

(1) This Division extends to acts, omissions, matters and things outside Australia. (2) Disregard subsection (1) in determining whether a provision of this Act (other than this Division) extends to…

Section 52ZZY — Individual ceases to be an attributable stakeholder of a company or trust

If: (a) an individual ceases to be an attributable stakeholder of a company or trust on or after 1 January 2002; and (b) immediately before the cessation, the company or trust owned a particular…

Section 52Z — Application of financial hardship rules

Value of unrealisable asset to be disregarded (1) If section 52Y applies to a person, the value of: (a) any unrealisable asset of the person; and (b) any unrealisable asset of the person’s partner;…

Section 52ZZ — Application to things happening before commencement

The use of the present tense in a provision of this Division does not imply that the provision does not apply to things happening before the commencement of this Division.

Section 52ZZZ — Individual disposes of asset to company or trust before 1 January 2002—individual is attributable stakeholder

(1) If: (a) an individual has transferred property to a company or trust before 1 January 2002; and (b) the transfer amounts to a disposal by the individual of an asset of the individual; and (c)…

Section 53 — Fringe benefits and treatment at Departmental expense for certain service pensioners

(1) If a person is eligible for fringe benefits, benefits and concessions of various kinds may be made available to the person by the Commonwealth, State and Territory governments and authorities and…

Section 53A — Fringe benefits

General rule (1) A person who is receiving a service pension or income support supplement is eligible for fringe benefits. Certain persons eligible before 1 January 2017 (1A) A person is eligible for…

Section 53NA — No liability of financial institution for certain payments to pensioner

(1) This section applies if: (a) after the partner died, an amount (the partner’s amount) of pension or social security pension to which the partner would have been entitled if the partner had not…

Section 53NAA — Matters affecting bereavement payments under this Subdivision

If: (a) bereavement payments mentioned in subsection 53K(3), 53L(4) or 53N(2) are payable to the pensioner in relation to the death of the partner; and (b) after the partner died, an amount of a…

Section 53B — Commission must determine continued fringe benefits eligibility circumstances

(1) The Commission must, by written determination, state that specified circumstances in which persons cease to be permanently incapacitated for work are continued fringe benefits eligibility…

Section 53D — Eligibility for treatment at Departmental expense

(1) A veteran who is receiving an age or invalidity service pension is eligible to be provided with treatment under Part V for any injury suffered, or disease contracted, by the veteran if: (a) the…

Section 53E — Veterans to satisfy certain conditions

(1) This section applies to a veteran if: (a) the veteran is permanently blind; or (b) the veteran’s rate of service pension is neither income reduced nor assets reduced; or (c) the veteran’s rate of…

Section 53H — Definition

In this Division: bereavement period, in relation to a person’s death, means the period of 98 days starting on the day on which the person died. Note: Payments under this Division are not affected by…

Section 53J — Application

This Subdivision applies if: (a) a person (the pensioner) is receiving a pension; and (b) the pensioner is a member of a couple; and (c) the other member of the couple (the partner) dies; and (d)…

Section 53K — What happens if pensioner’s reassessed rate equals or exceeds combined pensioner couple rate

(1) This section applies during the bereavement period if the rate of pension applicable to the pensioner as a result of the partner’s death is equal to or greater than the sum of the rates of…

Section 53L — What happens if pensioner’s reassessed rate is less than combined pensioner couple rate

(1) This section applies during the bereavement period if the rate of pension applicable to the pensioner as a result of the partner’s death is less than the sum of the rates of pension or social…

Section 53M — Determination of amount of pension and social security pension

(1) This section applies in determining for the purposes of section 53K or 53L the rates of pension or social security pension that were payable to the pensioner and the partner on the last day of…

Section 53N — Transfer to another pension

(1) This section applies if, on a day during the bereavement period, the pensioner: (a) ceases to receive the pension; and (b) begins to receive another pension or to receive a social security…

Section 53P — Application

This Subdivision applies if: (a) a person (the pensioner) is receiving a pension; and (b) either: (i) the pensioner is not a member of a couple; or (ii) the pensioner is a member of a couple and the…

Section 53Q — Payment of one instalment

(1) Sections 123 to 123E do not apply as a result of the pensioner’s death, but there is payable to any person whom the Commission thinks appropriate an amount equal to the amount of pension that…

Section 53R — Application

This Subdivision applies if: (a) a person (the pensioner) is receiving a pension; and (b) a dependent child dies.

Section 53S — When reassessed pension rate in respect of pensioner comes into effect

(1) Pension continues to be payable to the pensioner during the bereavement period as if the child had not died. (2) The rate of pension that becomes applicable to the pensioner as a result of the…

Section 53T — Bereavement payment

(1) Part of each instalment of pension that is paid to the pensioner for a pension payday that occurs during the bereavement period is taken to be a bereavement payment. The part concerned is so much…

Section 54 — Secretary may require notification of an event or change of circumstances

(1) The Secretary may give a person: (a) to whom a service pension, income support supplement or a veteran payment is being paid; or (b) whose claim or application for a service pension or income…

Section 54A — Secretary may require recipient to give information relevant to payment of service pension, income support supplement or veteran payment

(1) The Secretary may give a person: (a) to whom a service pension, income support supplement or a veteran payment is being paid; or (b) whose claim or application for a service pension or income…

Section 54AA — Secretary may require recipient to give information, produce documents or appear before an officer

(1) The Secretary may give to a person who is receiving a service pension, income support supplement, a veteran payment or benefits under Division 12 a notice requiring the person: (a) to provide the…

Section 54BA — Secretary may require person or person’s partner to take action to obtain a comparable foreign pension

(1) If: (a) a person is receiving a service pension, income support supplement or a veteran payment; and (b) the Secretary is satisfied that the person may be entitled to a comparable foreign pension…

Section 54B — Document served with a section 54 notice

(1) A notice under subsection 54(1) is taken to specify an event or change of circumstances if: (a) the notice refers to a document that sets out the event or change of circumstances; and (b) a copy…

Section 54C — Interpretation

In this Division: officer means a person performing duties, or exercising powers or functions, under or in relation to this Act. person includes an unincorporated body.

Section 55 — Service pension, income support supplement or veteran payment may be suspended or forfeited when person in gaol or in psychiatric confinement following criminal charge

(1) Subject to subsection (3), an instalment of a service pension, income support supplement or a veteran payment is not payable to a person in respect of a day on which the person is: (a) in gaol;…

Section 55A — Instalments may be redirected to partner or child

(1) If: (a) an instalment of a person’s service pension, income support supplement or veteran payment would, but for this section, not be payable because of section 55; and (b) the person has a…

Section 56 — Automatic termination or rate reduction—recipient complying with section 54 notification obligations

(1) Where: (a) a person who is receiving a service pension, income support supplement or a veteran payment is given a notice under section 54; and (b) the notice requires the person to inform the…

Section 56A — Automatic termination—recipient not complying with section 54 notification obligations

(1) Where: (a) a person who is receiving a service pension, income support supplement or a veteran payment is given a notice under section 54; and (b) the notice requires the person to inform the…

Section 56DA — No rate increase or reduction for small amounts

(1) The Commission must not make a determination under section 56C or 56D if the amount by which the rate of the service pension, income support supplement or veteran payment would be increased or…

Section 56EA — Cancellation or suspension determination for failure to comply with section 54A notice

(1) If: (a) a person who is receiving a service pension, income support supplement or a veteran payment is given a notice under section 54A or 54AA; and (b) the person does not comply with the…

Section 56GA — Date of effect of determination under section 56C—dependent child

If a determination under section 56C is made after a person tells the Department that the person has a child, or an additional child, that is a dependent child, the determination takes effect on the…

Section 56B — Automatic rate reduction—recipient not complying with section 54 notification obligations

Where: (a) a person who is receiving a service pension, income support supplement or a veteran payment is given a notice under section 54; and (b) the notice requires the person to inform the…

Section 56EB — Cancellation or suspension for failure to take action to obtain a comparable foreign pension

(1) If: (a) a person who is receiving a service pension, income support supplement or a veteran payment has been given a notice under subsection 54BA(1) or (1A); and (b) the Commission is satisfied…

Section 56C — Rate increase determination

(1) If the Commission is satisfied that the rate at which a service pension, income support supplement or a veteran payment is being, or has been, paid is less than the rate provided for by this Act,…

Section 56EC — Cancellation determination where service pension, income support supplement or veteran payment not payable

(1) If a service pension, income support supplement or a veteran payment is not payable to a person because the rate of the pension, supplement or payment: (a) has been determined to be nil; or (b)…