Veterans' Entitlements Act 1986
Sections and provisions with full text and the judgments that cite each one.
Section 97 — Clothing allowance
(1) Where a veteran is being paid a pension under Part II in respect of incapacity from a war-caused injury or a war-caused disease of a kind described in column 1 of the following table, the…
Section 98 — Attendant allowance
(1) Where a veteran is being paid a pension under Part II in respect of incapacity from a war-caused injury or a war-caused disease of a kind described in column 1 of the following table, the…
Section 98A — Bereavement payment in respect of partnered veterans receiving pensions by way of compensation
(1) This section applies where a veteran dies if the veteran was, immediately before his or her death: (a) a member of a couple; and (b) receiving a pension under Part II or IV (other than a pension…
Section 98AA — Bereavement payments in respect of certain single veterans receiving pensions by way of compensation
(1) The Commission must pay an amount (bereavement payment), worked out in accordance with subsection (2), to the estate of a deceased veteran if: (a) immediately before the veteran died, he or she…
Section 98B — Funeral benefits—automatic grant to estate of certain deceased veterans
(1) The Commission is to grant a benefit (funeral benefit) to the estate of a deceased veteran if, immediately before the veteran died: (a) he or she was being paid a pension under Part II at the…
Section 99 — Further funeral benefits—veterans
(1) The Commission may grant a benefit, called a funeral benefit, towards the funeral expenses incurred in respect of the funeral of: (a) a veteran whose death was war-caused; (d) a veteran who has…
Section 100 — Funeral benefits—dependants of deceased veterans
(1) If: (a) a dependant (other than a reinstated pensioner) of a deceased veteran, being: (i) a veteran whose death was war-caused; or (ii) a veteran who, immediately before his or her death, was…
Section 102 — Decoration allowance
(1) Subject to this section, the Commission may grant an allowance, called decoration allowance, to a veteran who has been awarded an eligible decoration or eligible decorations if the veteran: (a)…
Section 103 — Victoria Cross allowance
(1) Subject to this section, the Commission may grant an allowance, called Victoria Cross allowance, to a veteran who has been awarded the Victoria Cross or the Victoria Cross for Australia. (2)…
Section 104 — Recreation transport allowance
(1) Subject to this section, the Commission may grant an allowance, called recreation transport allowance, to a veteran who is suffering an incapacity from a war-caused injury or a war-caused disease…
Section 105 — Vehicle Assistance Scheme
(1) The Commission may, in writing, determine a scheme for the provision of motor vehicles to veterans eligible under this section to participate in the scheme and for the payment of allowances…
Section 106 — Special assistance
(1) Subject to subsection (2), the Commission may, in such circumstances, and subject to such conditions (if any), as are prescribed in a legislative instrument made by the Commission for the…
Section 108 — Loss of earnings allowance
(1) The Commission may grant an allowance, called loss of earnings allowance, to a person in accordance with the provisions of this section. (2) Loss of earnings allowance may be granted to a…
Section 109 — Advances on account of loss of earnings allowance
(1) Where the Commission is satisfied: (a) that a person may reasonably be expected to become entitled to be paid loss of earnings allowance under section 108 in respect of a period (in this section…
Section 110 — Travelling expenses
(1) Where a veteran, or a dependant of a deceased veteran, travels, with the approval of the Commission, for the purpose of: (a) obtaining treatment; (b) restoration of his or her health; or (c)…
Section 111 — Application
(1) Each of the following allowances, payments or benefits is a benefit to which this section applies, namely: (a) clothing allowance; (b) attendant allowance; (ba) bereavement payment under section…
Section 112 — Time for applying for certain benefits
(1A) An application for bereavement payment under section 98AA in respect of a deceased veteran must be made within 12 months after the death of the veteran. (2) An application for loss of earnings…
Section 113 — Time for applying for funeral benefit
(1) Subject to this section, application may be made to the Commission for the grant of a funeral benefit under section 99 or 100 in respect of the funeral of a person, being: (a) a deceased veteran;…
Section 114 — Commencement of payment of certain allowances
(1) Subsection (2) applies to: (a) clothing allowance; (b) attendant allowance; and (c) recreation transport allowance. (2) An allowance to which this subsection applies payable to a veteran by…
Section 115 — Review of decision etc.
(1) Subject to subsection (2), a person who is dissatisfied with a decision of the Commission in respect of an application for: (a) clothing allowance; or (aa) bereavement payment under section 98AA;…
Section 115A — Definitions
(1) In this Part, unless the contrary intention appears: CPI indexation day means: (a) for the purposes of section 115D—the day that begins each relevant period within the meaning of that term in…
Section 115B — Veterans’ Vocational Rehabilitation Scheme
(1) The Commission may, in writing, determine a scheme to assist specified classes of veterans who render service before the MRCA commencement date to find employment and to continue in employment.…
Section 115C — Rate of pension while on program
(1) Subject to sections 115D and 115G, this section applies while a veteran is undertaking a vocational rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme. (2) If this…
Section 115D — Reduced daily pension amount—pensions under Parts II and IV
Application of section (1) This section applies to a veteran if: (a) section 23 applies to the veteran; and (b) the veteran is engaged in remunerative work of 20 hours or more per week as a result of…
Section 115E — Application for increase in reduced daily pension amount
(1) This section applies if, because of the application of section 115D in respect of the rate of pension payable to a veteran, the work and pension income rate of the veteran in relation to a…
Section 115F — Determination by the Commission
(1) This section applies if, after considering an application under section 115E, the Commission is satisfied that the rate at which a pension has been, is being or is to be paid, to a veteran…
Section 115G — Excluded income amount—invalidity service pensions
(1) The excluded income amount in respect of a veteran for a pension period that occurs within the period (the initial period) that begins on the day after the veteran first commenced remunerative…
Section 115H — Recovery of cost of rehabilitation
(1) In this section, compensation, in relation to a person who is undertaking, or has undertaken, a rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme, means an amount that…
Section 115J — Where a person receives a notice under subsection 115H(6)
(1) This section applies to a person if the person has been given a notice under subsection 115H(6). (2) If the person: (a) is, on being given the notice, liable to pay compensation to, or for the…
Section 115K — Recovery of amount by the Commonwealth
The Commonwealth may recover in a court of competent jurisdiction an amount that a person is liable to pay to the Commonwealth under subsection 115H(5) or 115J(2).
Section 115L — Determination of amount of costs of rehabilitation programs
(1) This section applies if the Commission determines, in writing, the amount of the cost of, or incidental to, a rehabilitation program under a Veterans’ Vocational Rehabilitation Scheme for a…
Section 115M — Eligibility for prisoner of war recognition supplement
World War 2 internments—European States (1) A veteran is eligible for a prisoner of war recognition supplement if the veteran was interned by the military forces of an enemy State at any time during…
Section 115N — When prisoner of war recognition supplement is payable
(1) If, on 20 September 2011, the Commission is satisfied that a person is eligible for a prisoner of war recognition supplement, the supplement is payable to the person without the person having to…
Section 115P — Rate of prisoner of war recognition supplement
The rate of prisoner of war recognition supplement under section 115M is $500.00 per fortnight. Note: The amount specified in this section is adjusted annually in line with CPI increases under…
Section 115Q — Making of claims
(1) A claim for a prisoner of war recognition supplement must be made in accordance with procedures determined by the Commission under subsection (2). Note: A prisoner of war recognition supplement…
Section 115R — Determination of claims
(1) Claims are to be determined by the Commission. (2) If the Commission determines that a prisoner of war recognition supplement is payable to a person, the determination takes effect on the day on…
Section 115S — Acute support package
Acute support package (1) The Commission may, by legislative instrument, make provision for and in relation to the granting of a package (an acute support package) of assistance or benefits of a…
Section 116 — Interpretation
(1) In this Part, unless the contrary intention appears: eligible child means: (a) an eligible child of a member of the Forces, or of a member of a Peacekeeping Force; or (b) an eligible child of a…
Section 116A — Determination of class of persons for the purposes of paragraph (e) of the definition of eligible child in subsection 116(1)
(1) The Commission may, by legislative instrument, determine a class of persons for the purposes of paragraph (e) of the definition of eligible child of a veteran in subsection 116(1). However, the…
Section 116CA — Determination of class of persons for the purposes of the definition of eligible grandchild of a Vietnam veteran in subsection 116(1)
(1) The Commission may, by legislative instrument, determine a class of persons for the purposes of the definition of eligible grandchild of a Vietnam veteran in subsection 116(1). However, the…
Section 116B — Eligible child of a veteran—person may apply for determination under subsection 116C(2)
(1) An application for a determination under subsection 116C(2) to be made in respect of a person who is, or was, the child of a veteran may be made, in writing, to the Commission: (a) in the case of…
Section 116CB — Eligible grandchild of a Vietnam veteran—person may apply for determination under subsection 116CC(2)
(1) An application for a determination under subsection 116CC(2) to be made in respect of a person who is, or was, the grandchild of a veteran may be made, in writing, to the Commission: (a) in the…
Section 116C — Eligible child of a veteran—Commission may determine that a person is a member of a class under section 116A
(1) If an application has been made under section 116B in respect of a person, the Commission must decide whether the person the subject of the application falls within a class of persons determined…
Section 116CC — Eligible grandchild of a Vietnam veteran—Commission may determine that a person is a member of a class under section 116CA
(1) If an application has been made under section 116CB in respect of a person, the Commission must decide whether the person the subject of the application falls within a class of persons determined…
Section 116D — Review of Commission’s decisions
(1) A person who is dissatisfied with a decision of the Commission under subsection 116C(1) or 116CC(1) may, in writing, request the Commission to review the decision. (1A) A request under subsection…
Section 117 — Veterans’ Children Education Scheme
(1) The Commission may, in writing, determine a scheme for providing education and training for eligible children and eligible grandchildren of Vietnam veterans. (5) Without limiting the powers of…
Section 118 — Commission may provide benefits under Veterans’ Children Education Scheme
(1) The Commission may provide benefits for, and in respect of, eligible children or eligible grandchildren of Vietnam veterans under and in accordance with the Veterans’ Children Education Scheme.…
Section 118A — Veterans supplement for dependants of deceased veterans or for persons eligible for pharmaceutical benefits
(1) Subject to this section, a person is eligible for veterans supplement under this section if: (a) the person is receiving a pension whose rate is specified under subsection 30(2); or (b) but for…
Section 118AA — Eligibility
A person is eligible for an education entry payment under this section if: (a) either: (i) the person is receiving a partner service pension, an invalidity service pension or income support…
Section 118PA — When energy supplement is payable
(1) Energy supplement is payable to a person in relation to each day on which the person is eligible for the supplement. (2) However, energy supplement is not payable to the person in relation to a…