Veterans' Entitlements Act 1986
Sections and provisions with full text and the judgments that cite each one.
Section 59H — Adjustment of pension single non-property owner AVL
This Act has effect as if, on 1 July each year, the amount worked out in accordance with the following formula were substituted for the pension single non-property owner AVL: where: pension partnered…
Section 59ZH — Preliminary notice or recovery notice to insurer suspends both insurer’s and compensation payer’s liability
If an insurer has been given a preliminary notice under section 59ZE or a recovery notice under section 59ZG in relation to the insurer’s liability, or possible liability, to indemnify a compensation…
Section 59ZI — Insurer’s payment to Commonwealth discharges liability
Payment of an amount that an insurer is liable to pay to the Commonwealth under section 59ZG in relation to a person claiming compensation operates, to the extent of the payment, as a discharge of:…
Section 59J — Adjustment of special illness separated special resident AVL
This Act has effect as if, on 1 July each year, the amount worked out in accordance with the following formula were substituted for each special illness separated special resident AVL: where: pension…
Section 59ZJ — Offence to make compensation payment after receiving preliminary notice or recovery notice
(1) If an insurer has been given a preliminary notice under section 59ZE or a recovery notice under section 59ZG in relation to the insurer’s liability to make a payment indemnifying a compensation…
Section 59ZK — Commission may give recovery notice either to compensation payer or to insurer but not to both
(1) The Commission is not to give a recovery notice to an insurer (under section 59ZG) about a matter if there is a recovery notice to a compensation payer (under section 59ZA) in force in relation…
Section 59ZL — Commission may disregard some payments
(1) For the purposes of this Part, the Commission may treat the whole or part of a compensation payment as: (a) not having been made; or (b) not liable to be made; if the Commission thinks it is…
Section 59M — General effect of Part
(1) If: (a) a person is or may be entitled to, or receives, compensation; and (b) the person has not reached pension age or qualifying age; any of the following pensions, supplements and payments…
Section 59ZM — Part to bind Crown
This Part binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
Section 59N — Certain lump sums to be treated as though they were received as periodic payments
If: (a) a person is entitled to periodic payments under a law of a State or Territory; and (b) the person’s entitlement to the periodic payments is converted under the law of the State or Territory…
Section 59O — Effect of certain State and Territory laws
If: (a) a law of a State or Territory provides for the payment of compensation; and (b) that law includes a provision to the effect that a person’s compensation under the law is to be or may be…
Section 59P — Commission may require person to take action to obtain compensation
(1) If: (a) a person is receiving a compensation affected pension; and (b) the person or the person’s partner is entitled or may, in the Commission’s opinion, be entitled to compensation; and (c) the…
Section 59Q — Pension etc. not payable during lump sum preclusion period
Person not member of a couple (1) If: (a) a person is eligible for a compensation affected pension; and (b) the person is not a member of a couple; and (c) the person receives compensation in the…
Section 59R — Person may have to repay amount where both lump sum and pension have been received
(1) If: (a) a person receives compensation in the form of a lump sum; and (b) the person receives payments of a compensation affected pension for any day or days in the lump sum preclusion period;…
Section 59S — Lump sum compensation not counted as ordinary income
If an amount of compensation affected pension is not payable to a person under section 59Q because of compensation in the form of a lump sum, that lump sum is not to be regarded as ordinary income of…
Section 59T — Effect of periodic compensation payments on rate of person’s compensation affected pension
(1) If: (a) a person receives periodic compensation payments; and (b) the person was not, at the time of the event that gave rise to the entitlement of the person to the compensation, receiving a…
Section 59U — Claim for compensation affected pension granted to person qualified for compensation affected payment under Social Security Act
(1) If: (a) a person’s claim for a compensation affected pension is granted; and (b) immediately before the claim is granted, a compensation affected payment for which the person was qualified under…
Section 59V — Rate reduction under both income/assets test and this Part
If: (a) the rate of a person’s compensation affected pension is to be reduced under this Part; and (b) the rate of the person’s pension is reduced under the ordinary/adjusted income test Module or…
Section 59W — Person may have to repay amount where both periodic compensation payments and pension have been received
(1) If: (a) a person receives periodic compensation payments; and (b) the person receives payments of a compensation affected pension for the periodic payments period; and (c) the person was not, at…
Section 59X — Periodic compensation payments not counted as ordinary income
If the rate of a person’s compensation affected pension is reduced under section 59T because of the receipt of periodic compensation payments, those payments are not regarded as ordinary income of…
Section 59Y — Commission may send preliminary notice to potential compensation payer
(1) If: (a) a person seeks compensation in respect of the person’s lost earnings or lost capacity to earn; and (b) the person receives or claims a compensation affected pension for a day or days in…
Section 59Z — Potential compensation payer must notify Department of liability
(1) If a potential compensation payer: (a) is given notice under section 59Y in relation to a person; and (b) either before or after receiving the notice, becomes liable to pay compensation to the…
Section 60 — When this Part applies
(1) This Part applies to a person if: (a) the person is receiving a service pension or income support supplement (the main payment); and (b) the person is residing in Australia and: (i) is in…
Section 60A — Quarterly pension supplement
(1) The person may, in a manner or way approved by the Commission, make an election to receive the person’s minimum pension supplement amount on a quarterly basis as a separate payment. (2) An…
Section 60B — Rate of quarterly pension supplement
(1) The person’s annual rate of quarterly pension supplement is the person’s minimum pension supplement amount. (2) The person’s daily rate of quarterly pension supplement is worked out by dividing…
Section 60C — Payment of quarterly pension supplement
(1) Quarterly pension supplement is to be paid by instalments. (2) An instalment of quarterly pension supplement is to be paid to a person as soon as is reasonably practicable after the end of an…
Section 62A — Energy supplement for veterans and members of Defence Force or Peacekeeping Force
(1) This section applies to a person for a day if: (a) the person receives for the day a pension under Part II or IV at a rate determined under or by reference to section 22, 23, 24 or 27; and (b)…
Section 62B — Energy supplement for war widow/war widower pension
(1) This section applies to a person for a day if: (a) the person receives for the day a pension under Part II or IV at a rate determined under or by reference to subsection 30(1); and (b) the…
Section 62C — Disregard nil rate in certain circumstances
For the purposes of sections 62A and 62B, a person is taken to receive a pension under Part II or IV at a rate greater than nil even if the person’s rate would be nil, or pension would not be…
Section 62D — Electing for quarterly payment of energy supplement for pension under Part II or IV
Election (1) A person may, in a manner or way approved by the Commission, make an election to be paid quarterly instalments of: (a) the person’s energy supplement under section 62A; or (b) the…
Section 62E — Quarterly energy supplement for service pension
(1) Quarterly energy supplement for service pension that a person is receiving is payable, as a separate payment, to the person for each day for which an election by the person is in force under…
Section 63A — Definitions
In this Division: EMEP residence has the meaning given by subsection 63C(1). essential medical equipment payment: (a) means an essential medical equipment payment under this Division (except in…
Section 63B — Eligibility for essential medical equipment payment
(1) A person (the claimant) is eligible for an essential medical equipment payment for an income year if: (a) the Commission is satisfied that the claimant satisfies each of the following on the EMEP…
Section 63C — The medical needs requirement
Person who has medical needs (1) A person satisfies the medical needs requirement on a day if: (a) the person has a medical condition on that day, and as a result: (i) the person requires the use of…
Section 63D — The concession requirement
(1) A person satisfies the concession requirement on a day if: (a) the person is a holder of a concession card, or the person’s name is included on a concession card, on that day; or (b) both of the…
Section 63E — The energy account requirement
(1) A person satisfies the energy account requirement on a day if: (a) on that day, the energy account for the relevant EMEP residence is in the name of that person; or (b) on that day, the energy…
Section 63F — Availability of payments
(1) No essential medical equipment payment may be made for an income year in relation to medical equipment that is used in an EMEP residence if an essential medical equipment payment has already been…
Section 63G — Amount of payment
The amount of an essential medical equipment payment for an income year is $140. Note: The amount specified is indexed on each 1 July (see section 198E).
Section 63H — Debts arising in respect of essential medical equipment payments
(1) If: (a) an individual has been paid an essential medical equipment payment because of a determination made under this Division; and (b) after the payment was made to the individual, the…
Section 63J — Need for a claim
A person who wants to be paid an essential medical equipment payment must make a proper claim. Note: For proper claim see section 63M (form) and section 63N (residence in Australia).
Section 63K — Special requirements regarding claims for essential medical equipment payment
(1) A claim for an essential medical equipment payment must include a statement by the person making the claim that the medical equipment to which the claim relates is used in the relevant EMEP…
Section 63L — Who can claim?
(1) Subject to subsection (2), a claim must be made by: (a) the person who wants to be paid an essential medical equipment payment; or (b) with the approval of the person—another person on the…
Section 63M — Making a claim
(1) To be a proper claim, the claim must be: (a) made in writing; and (b) in accordance with a form approved by the Commission; and (c) accompanied by any evidence available to the claimant that the…
Section 63N — Claimant must be an Australian resident
A claim is not a proper claim unless the person making the claim, or on whose behalf the claim is being made, is an Australian resident on the day on which the claim is lodged. Note: For Australian…
Section 63P — Claim may be withdrawn
(1) A claimant for an essential medical equipment payment or a person on behalf of a claimant may withdraw a claim that has not been determined. (2) A claim that is withdrawn is taken to have not…
Section 63Q — Secretary to investigate claim and submit it to Commission
(1) If a person makes a proper claim for an essential medical equipment payment, the Secretary must investigate the matters to which the claim relates. (2) When the investigation is completed, the…
Section 63R — Duties of Commission in relation to claim
(1) When the claim is submitted to the Commission, the Commission must consider all matters that are, in the Commission’s opinion, relevant to the claim and must then determine the claim. (2) In…
Section 63S — Entitlement determination
The Commission must determine that a person is entitled to an essential medical equipment payment if the Commission is satisfied that the person is eligible for the payment.
Section 63T — Date of effect of determination
A determination under section 63S takes effect, on the day that the determination is made or on such later day or earlier day as is specified in the determination.
Section 64A — Review of certain decisions
A person who is dissatisfied with a decision of the Commission in relation to a clean energy payment, except quarterly energy supplement, may request the Commission to review the decision.