Veterans' Entitlements Act 1986
Sections and provisions with full text and the judgments that cite each one.
Section 56H — Date of effect of adverse determination
General (1) The day on which a determination under section 56D, 56E, 56EA, 56EB or 56EC (in this section called the adverse determination) takes effect is worked out in accordance with this section.…
Section 56J — Payment may be cancelled at recipient’s request
(1) The Commission may cancel a person’s age service pension, invalidity service pension, partner service pension, income support supplement or veteran payment if the person requests the Commission…
Section 56K — Payment may be suspended if instalments not drawn
If a person has not drawn instalments of his or her age service pension, invalidity service pension, partner service pension, income support supplement or veteran payment for a continuous period of 6…
Section 56L — Commission may end suspension
(1) If the Commission suspends a pension, income support supplement or a veteran payment under section 56K, it may end the suspension at any time. (2) The Commission may determine that the end of the…
Section 56M — Effect of cancellation or suspension
(1) If the Commission determines under this Division that a service pension, income support supplement or a veteran payment payable to a person is to be cancelled, the pension, supplement or payment…
Section 56N — Changes to payments by computer
If: (a) payment to a person of a service pension, income support supplement or a veteran payment is based upon data in a computer; and (b) the rate of the pension, supplement or payment is increased…
Section 57 — Persons who may seek review of certain decisions
(1) A claimant who is dissatisfied with a decision of the Commission: (a) in relation to a claim for a qualifying service determination under section 35B; or (b) in relation to a claim for a service…
Section 57A — Application for review
(1) A request for review of a decision under section 57 must: (a) be made within 3 months after the person seeking review was notified of the decision; and (b) set out the grounds on which the…
Section 57B — Commission’s powers where request for review
(1) If the Commission reviews a decision under this Division, the Commission must affirm the decision or set it aside. (2) If the Commission sets the decision aside it must, subject to subsection…
Section 57C — Date of effect of certain review decisions
(1) If the Commission sets aside a decision and substitutes for it a decision: (a) granting a claim for service pension or income support supplement or granting a veteran payment; or (b) increasing…
Section 57D — Commission must make written record of review decision and reasons
(1) When the Commission reviews a decision under this Division it must make a written record of its decision upon review. (2) The written record must include a statement that: (a) sets out the…
Section 57E — Person who requested review to be notified of decision
(1) When the Commission affirms or sets aside a decision under this Division it must give the person who requested the review of the decision: (a) a copy of the Commission’s decision; and (b) subject…
Section 57F — Powers of Commission to gather evidence
(1) The Commission or the Commission’s delegate may, in reviewing a decision under this Division: (a) take evidence on oath or affirmation for the purposes of the review; and (b) adjourn a hearing of…
Section 57G — Withdrawal of request for review
(1) A person who requests a review under section 57 may withdraw the request at any time before it is determined by the Commission. (2) To withdraw the request, the person must give written notice of…
Section 57H — Commission may reimburse certain expenses
(1) When the Commission, upon review of a decision under this Division: (a) grants a claim for a qualifying service determination, a service pension or income support supplement or grants a veteran…
Section 58 — Application of Subdivision
(1) This Subdivision applies to: (a) pensions payable under Part III (Service Pensions) or Part IIIA (Income Support Supplement); and (aa) veteran payments (see Part IIIAA); and (b) pension bonus and…
Section 58A — Payment by instalments
Payment in arrears in relation to pension periods (1) Pension is payable: (a) in arrears; and (b) by instalments relating to each pension period. Total instalment relating to a pension period (2) The…
Section 58C — Manner of payment
A person’s pension is, subject to sections 58D and 58L and sections 202 to 202B, to be paid: (a) to that person; and (b) in the manner determined by the Commission. Note: For the procedure to be…
Section 58D — Agents
(1) The Commission may approve payment of a pension of a person (the primary person) to another person if: (a) the primary person, by document lodged at an office of the Department in Australia in…
Section 58E — Pension payday falling on public holiday etc.
If an amount of pension that would normally be paid on a particular day cannot reasonably be paid on that day (because, for example, it is a public holiday or a bank holiday), the amount may be paid…
Section 58F — Payment into bank account etc.
(1) The Commission may direct that the whole or a part of the amount of a person’s pension is to be paid, at the intervals that the Commission specifies, to the credit of an account with: (a) a bank;…
Section 58J — Payments to Commissioner of Taxation or Child Support Registrar
(1) The Commission must, in accordance with Subdivision 260-A in Schedule 1 to the Taxation Administration Act 1953, for the purpose of enabling the collection of an amount that is, or may become,…
Section 58K — Age, invalidity and partner service pensions, income support supplement and veteran payment generally portable
(1) A person’s right to commence, or to continue, to be paid: (a) an age service pension; or (b) an invalidity service pension; or (c) a partner service pension; or (d) income support supplement; or…
Section 58L — Manner of payment outside Australia
If a pension or veteran payment is payable to a person who is physically outside Australia, the pension or veteran payment may be paid: (a) in the manner determined by the Commission; and (b) in the…
Section 58M — No portability if claim based on short-term residence
(1) If: (a) a person is an Australian resident; and (b) the person ceases to be an Australian resident; and (c) the person again becomes an Australian resident; and (d) the person makes a claim for:…
Section 58N — Transfer to portable pension
If: (a) a person who is outside Australia is receiving: (i) an age service pension; or (ii) an invalidity service pension; or (iii) a partner service pension; or (iiia) income support supplement; or…
Section 59 — Analysis of Division
This Division provides for: (a) the indexation, in line with CPI (Consumer Price Index) increase, of the amounts in column 2 of the CPI Indexation Table at the end of section 59B; and (aa) the…
Section 59A — Indexed and adjusted amounts
The following Table sets out: (a) each amount that is to be indexed or adjusted under this Division; and (b) the abbreviation used in this Division for referring to that amount; and (c) the provision…
Section 59EA — Certain indexed amounts to be increased in line with increases in Male Total Average Weekly Earnings
(1) In this section: category B amount means an amount set out in column 3 of item 2 of Table B in point SCH6-B1. (2) If: (a) a category B amount is to be indexed under this Subdivision on an…
Section 59EAA — Indexation using Pensioner and Beneficiary Living Cost Index
(1) This section applies to the pension MBR amount (see item 1 of the table in section 59A). (2) If the indexed amount for the pension MBR amount, worked out under section 59C on an indexation day…
Section 59GA — Adjustment of rent free area
(1) This Act has effect as if, on 1 July each year, the rent free area applicable to a person who is not a member of a couple were replaced with the amount that is, on that day, the pension free area…
Section 59LA — Adjustment of ceiling rate
(1) This Act has effect as if, on each adjustment day, the amount worked out in accordance with the following formula, and rounded up to the nearest multiple of $2.60, were substituted for the…
Section 59QA — Deemed lump sum payments arising from separate payments
(1) If: (a) a person receives 2 or more lump sum payments in relation to the same event that gave rise to the entitlement of the person to compensation (the multiple payments); and (b) at least one…
Section 59TA — Effect of periodic compensation payments on rate of partner’s compensation affected pension
(1) If: (a) a person receives periodic compensation payments; and (b) the person is a member of a couple; and (c) the person was not, at the time of the event that gave rise to the entitlement of the…
Section 59ZA — Commission may send recovery notice to compensation payer
(1) If: (a) a compensation payer: (i) is liable to pay compensation to a person for a disease, injury or condition of the person; or (ii) has determined that a payment by way of compensation is to be…
Section 59B — CPI Indexation Table
(1) Subject to subsection (1A), an amount referred to in the following CPI Indexation Table is to be indexed under this Division on each indexation day for the amount, using the reference quarter and…
Section 59EAB — Living cost indexation factor
(1) Subject to subsections (5) and (6) and section 198MB, the living cost indexation factor on an indexation day is: worked out to 3 decimal places. Definitions (2) For the purposes of this section,…
Section 59GB — Adjustment of adjusted income free area
This Act has effect as if, on 1 July each year, the adjusted income free area applicable to a person were replaced with the amount that is, on that day, the ordinary income free area applicable to…
Section 59LB — Adjustment of veteran payment maximum basic rates
Partnered veteran payment MBR (1) This Act has effect as if, on each adjustment day, the amount worked out in accordance with the following formula, and rounded up to the nearest multiple of $5.20,…
Section 59ZB — Preliminary notice or recovery notice suspends liability to pay compensation
If a compensation payer has been given a preliminary notice under section 59Y or a recovery notice under section 59ZA in relation to the compensation payer’s liability, or possible liability, to pay…
Section 59C — Indexation of amounts
(1) If an amount is to be indexed under this Subdivision on an indexation day, this Act has effect as if the indexed amount were substituted for that amount on that day. (2) This is how to work out…
Section 59EAC — Rounding off amounts
(1) If a provisional living cost amount is a multiple of $2.60, the provisional living cost amount becomes the living cost amount. (2) Subject to subsection (3), if a provisional living cost amount…
Section 59ZC — Compensation payer’s payment to Commonwealth discharges liability to compensation recipient
If the Commonwealth is paid an amount that a compensation payer is liable to pay under section 59ZA in relation to a person, the compensation payer’s liability to pay compensation to the person is…
Section 59D — Indexation factor
(1) Subject to subsections (2) and (3) and section 198MA, the indexation factor for an amount that is to be indexed under this Subdivision on an indexation day is: worked out to 3 decimal places.…
Section 59ZD — Offence to make compensation payment after receiving preliminary notice or recovery notice
(1) If a compensation payer has been given a preliminary notice under section 59Y or a recovery notice under section 59ZA in relation to the payment of compensation to a person, the compensation…
Section 59E — Rounding off indexed amounts
(1) If a provisional indexed amount is a multiple of the rounding base, the provisional indexed amount becomes the indexed amount. Note 1: For provisional indexed amount see step 3 in subsection…
Section 59ZE — Commission may send preliminary notice to insurer
(1) If: (a) a person makes a claim against a potential compensation payer for compensation in respect of the person’s lost earnings or lost capacity to earn; and (b) the person receives or claims a…
Section 59ZF — Insurer must notify Department of liability
(1) If an insurer: (a) is given notice under section 59ZE in relation to a claim; and (b) either before or after receiving the notice, becomes liable to indemnify the compensation payer, either…
Section 59G — Adjustment of single pension rate MBR amount
(1) This Act has effect as if, on 20 March (an indexation day) and 20 September (an indexation day) each year, the adjusted single pension amount were substituted for the single pension rate MBR…
Section 59ZG — Commission may send recovery notice to insurer
(1) If: (a) an insurer is liable, under a contract of insurance, to indemnify a compensation payer against any liability arising from a person’s claim for compensation in respect of the person’s lost…