Veterans' Entitlements Act 1986

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

Section 67ZU — Payments under this Act

Service pension or income support supplement (1) This Division applies to a person on a day if service pension or income support supplement is payable to the person on that day. (2) For the purposes…

Section 67V — Payments under this Act

Section 67ZV — Veterans’ Children Education Scheme

This Division applies to a person on a day if: (a) a payment under the Veterans’ Children Education Scheme is payable to the person on that day; and (b) the payment is so payable because of a claim…

Section 67W — Veterans’ Children Education Scheme

Section 67ZW — Seniors health card, gold card etc.

Seniors health card (1) This Division applies to a person on a day if: (a) the person makes a claim for a seniors health card under Division 2 of Part VIIC on or before that day; and (b) the person…

Section 67X — Seniors health card, gold card etc.

Section 67ZX — MRCA

Compensation for permanent impairment (1) This Division applies to a person on a day if either or both of the following apply: (a) weekly compensation under Part 2 of Chapter 4 of the MRCA: (i) is…

Section 67Y — MRCA

Compensation for permanent impairment (1) This Division applies to a person on a day if either or both of the following apply: (a) weekly compensation under Part 2 of Chapter 4 of the MRCA: (i) is…

Section 67ZY — Education scheme under MRCA

This Division applies to a person on a day if: (a) a payment under the scheme determined under section 258 of the MRCA is payable to the person on that day; and (b) the payment is so payable because…

Section 67Z — Education scheme under MRCA

Section 67ZZ — Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988

This Division applies to a person on a day if: (a) at any time, the person receives a payment of compensation under section 24 of the Safety, Rehabilitation and Compensation (Defence-related Claims)…

Section 68 — Interpretation

(1) In this Part, unless the contrary intention appears: Australian contingent, in relation to a Peacekeeping Force, means a contingent of that Force that has been authorized or approved by the…

Section 69 — Application of Part to members of the Forces

(1) Subject to this section, where a person: (a) has served in the Defence Force for a continuous period that commenced on or after 7 December 1972 and before the terminating date; or (b) is serving…

Section 69A — Application of Part to members of the Forces who render hazardous service

(1) This Part applies to a person who has rendered or is rendering hazardous service as a member of the Defence Force. (2) This Part so applies whether the hazardous service is rendered before or…

Section 69B — Application of Part to persons who rendered British nuclear test defence service

(1) This Part applies to a person who has rendered British nuclear test defence service. (2) A person rendered British nuclear test defence service while the person was a member of the Defence Force…

Section 70 — Eligibility for pensions by way of compensation to members of Defence Force or Peacekeeping Force and their dependants

(1) Where: (a) the death of a member of the Forces or member of a Peacekeeping Force was defence-caused; or (b) a member of the Forces or member of a Peacekeeping Force is incapacitated from a…

Section 70A — Most defence-caused injuries, diseases and deaths of members of the Defence Force no longer covered by this Act

(1) An injury, disease or death of a member of the Forces, or any other member or former member of the Defence Force, is taken not to be defence-caused if: (a) the injury is sustained, the disease is…

Section 71 — Application of certain provisions of Part II

(1) Divisions 2A, 3, 6 and 7 of Part II apply to and in relation to pensions payable in accordance with this Part in like manner as they apply to and in relation to pensions payable in accordance…

Section 72 — Dual entitlement to pension

(1) Where a member of the Forces or a member of a Peacekeeping Force is also a veteran, the member is not entitled to receive, at the same time: (a) a pension under this Part; and (b) a pension under…

Section 73 — Application of Divisions 4 and 5 of Part II

(1) The provisions of Divisions 4 and 5 of Part II apply to and in relation to pensions payable in accordance with this Part in like manner as those provisions apply in relation to pensions payable…

Section 73A — This Division does not apply to certain payments

This Division does not apply to: (a) an additional death benefit, or a severe injury adjustment, paid on or after 10 June 1997 in relation to a member of the Forces, or a member of a Peacekeeping…

Section 74 — Payments by way of compensation or damages

(1) In this section, compensation includes: (a) any payment in the nature of compensation; and (b) any damages recoverable at law (including any amount paid under a compromise or settlement of a…

Section 75 — Proceedings against third party

(1) Where: (a) pension is, or has been, payable in respect of the incapacity of a member of the Forces or a member of a Peacekeeping Force from a defence-caused injury or a defence-caused disease or…

Section 76 — Payment of damages to Commonwealth

(1) Where: (a) a person other than the Commonwealth appears to be liable: (i) to pay damages to a member of the Forces or a member of a Peacekeeping Force in respect of the incapacity of the member…

Section 77 — Discharge of liability of Commonwealth to pay damages

Where: (a) damages against the Commonwealth have been awarded: (i) to a member of the Forces or a member of a Peacekeeping Force in proceedings instituted to recover damages in respect of the…

Section 78 — Other payments of compensation

(1) If, after any pension under this Part has been paid: (a) to a member of the Forces or a member of a Peacekeeping Force in respect of the incapacity of the member from a defence-caused injury or a…

Section 79 — Overpayments of pension

(1) Where: (a) an amount has been paid: (i) to a member of the Forces or a member of a Peacekeeping Force as pension under this Part in respect of the incapacity of the member from a defence-caused…

Section 79A — Definition

In this Part: pension means a pension payable under Part II, III or IV or an income support supplement.

Section 79B — Eligibility for advance payment

(1) Subject to subsection (2), a person is eligible for an advance payment of an amount of pension only if: (a) the pension is payable to the person; and (b) throughout the 3 months immediately…

Section 79C — Application

A person who wants an advance payment of an amount of pension must make a proper application for the advance payment.

Section 79D — Who can apply

(1) Subject to subsection (2), the application must be made by: (a) the person who wants to receive the advance payment; or (b) with the approval of that person—another person on the person’s behalf.…

Section 79E — Making an application

(1) To be a proper application, the application must: (a) be made in writing; and (b) be in accordance with a form approved by the Commission; and (c) be lodged at an office of the Department in…

Section 79G — Applicant must be Australian resident and in Australia

An application is not a proper application unless the person who wants to receive the advance payment is: (a) an Australian resident; and (b) in Australia; on the day on which the application is…

Section 79H — Application may be withdrawn

(1) An applicant, or a person approved by the applicant, may withdraw an application that has not been determined. (2) An application that is withdrawn is taken to have not been made. (3) A…

Section 79I — Commission to determine application

Determination of application (1) If an application for an advance payment of an amount of pension is made, the Commission must grant the application if it is satisfied that the person is eligible for…

Section 79J — Payment of advance payment

(1) Subject to subsection (3), if the application is granted, the advance payment of the pension is to be paid on the next day on which: (a) the person is paid an instalment of the pension; and (b)…

Section 79K — Amount of advance payment

(1) The amount of an advance payment of pension is the smaller of the following amounts: (a) the amount of advance payment sought; (b) the maximum amount of advance payment payable to the person as…

Section 79L — Advance payment deduction

(1) Subject to subsection (2) and section 79O, an advance payment deduction is to be made from an instalment of pension that is payable to a person if: (a) the person has received an advance payment…

Section 79M — Amount of advance payment deduction—basic calculation

Subject to sections 79N, 79O, 79P and 79Q, the advance payment deduction for an advance payment of a pension is the amount of the advance payment divided by 13.

Section 79N — Person may request larger advance payment deduction

(1) Subject to subsection (2) and sections 79O, 79P and 79Q, a person’s advance payment deduction may be increased to a larger amount if the person asks the Commission in writing for the advance…

Section 79O — Reduction of advance payment deduction in cases of severe financial hardship

(1) Subject to subsection (2) and sections 79P and 79Q, if: (a) a person applies in writing to the Commission for an advance payment deduction to be decreased, or to be stopped, because of severe…

Section 79P — The final advance payment deduction

If an advance payment deduction that would otherwise be deducted from a person’s instalment of pension exceeds the part of the advance payment that the person has not yet repaid (by previous…

Section 79Q — Payment rate insufficient to cover advance payment deduction

If the instalment of pension (excluding remote area allowance in the case of a pension payable under Part III or income support supplement) is less than the amount that would be the advance payment…

Section 79R — Rounding of amounts

An amount worked out under this Division is to be rounded to the nearest cent (rounding half a cent upwards).

Section 79S — Unrepaid advance payments to deceased partner to be disregarded

(1) In calculating, for the purposes of this Act, an amount of pension that would have been paid to a deceased person if the person had not died, any advance payment of pension that has been made to…

Section 79T — Request for review

(1) A pensioner who is dissatisfied with a decision of the Commission in relation to an advance payment of an amount of pension may request the Commission to review the decision. (2) The request…

Section 79U — Commission’s powers

If the Commission reviews a decision under this Division, the Commission must: (a) affirm the decision; or (b) set it aside and substitute a new decision for it. Note: For the Commission’s…

Section 79V — 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 79W — 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 to the person who requested the review of the decision: (a) a copy of the Commission’s decision; and (b)…

Section 79X — Powers of Commission to gather evidence

(1) For the purposes of a review, the Commission may: (a) summon a person to appear at a hearing of the review to give evidence and to produce such documents (if any) as are referred to in the…