Veterans' Entitlements Act 1986
Sections and provisions with full text and the judgments that cite each one.
Section 118XA — Modifications if person’s rate of service pension or income support supplement is nil on 1 January 2017
(1) This section applies in relation to a person if: (a) immediately before 1 January 2017, the person was receiving a service pension or income support supplement; and (b) the Commission is…
Section 118ZA — 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 118ZJA — When copy of notice of assessment of taxable income to be given to Department
(1) If a person who is the holder of a seniors health card receives a notice of assessment or amended assessment of his or her taxable income for a particular tax year, the person must, if requested…
Section 118ZZA — Seniors Health Card Income Test Calculator
The Seniors Health Card Income Test Calculator at the end of this section is to be used in working out whether a person satisfies the seniors health card income test for the purposes of this Act.…
Section 118AAB — Need for a claim
(1) A person who wants to be granted an education entry payment must make a claim for the payment: (a) in writing; and (b) in a form approved by the Commission. (1A) A claim under subsection (1) is…
Section 118B — Veterans supplement for certain Part II and Part IV pensioners or for World War 1 veterans
(1) Subject to this section, a person is eligible for veterans supplement under this section if: (a) the person is eligible for a pension at a rate specified in subsection 22(4); or (b) the person is…
Section 118PB — Rate of energy supplement
(1) If subsection (2) applies to the person on a day, the person’s daily rate of energy supplement, for that day, is 1/364 of the amount worked out using the following table: Energy supplement Item…
Section 118XB — Other modifications because of social security law
If section 1061ZJA of the Social Security Act 1991 applies in relation to a person, then, in determining whether the person is eligible for a seniors health card under this Part at any time on or…
Section 118AAC — Entitlement to and amount of payment
(1) An education entry payment is payable to the person if, after considering the claim, the Commission determines that the claim is to be granted. (2) The amount of an education entry payment is…
Section 118C — Rate of veterans supplement—section 118A
The rate of veterans supplement under section 118A is $6.00 per fortnight. Note: The amount specified in this section is adjusted annually in line with CPI increases under section 198F.
Section 118PC — Payment of energy supplement
(1) Energy supplement under this Part is to be paid by instalments. (2) An instalment of energy supplement is to be paid to a person as soon as is reasonably practicable after the end of an…
Section 118ZC — Claimant must be an Australian resident and in Australia
A claim is not a proper claim unless the person making the claim, or on whose behalf the claim is being made, is: (a) an Australian resident; and (b) in Australia; on the day on which the claim is…
Section 118AAD — Payment to be refunded
If: (a) the Commission determined that a claim for education entry payment was to be granted to a person because the Commission was satisfied that the person intended to enrol in a course referred to…
Section 118D — Rate of veterans supplement—section 118B
The rate of veterans supplement under section 118B is $6.00 per fortnight. Note: The amount specified in this section is adjusted annually in line with CPI increases under section 198F.
Section 118ZD — Claim may be withdrawn
(1) A claimant for a seniors health card 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 been made. (3) A…
Section 118ZE — Secretary to investigate claim and submit it to Commission
(1) If a person makes a proper claim for a seniors health card, the Secretary must investigate the matters to which the claim relates. (2) When the investigation is completed, the Secretary must…
Section 118ZF — Duties of Commission in relation to claim
Determination of 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…
Section 118ZG — Entitlement determination
Subject to section 118X and subsection 128A(2A), the Commission is to determine that a person is entitled to a seniors health card if the Commission is satisfied that the person is eligible for the…
Section 118ZH — Date of effect of determination
A determination under section 118ZG takes effect on the day on which the determination is made or on such later day or earlier day as is specified in the determination.
Section 118ZI — Secretary may require notice of the happening of event or a change in circumstances
(1) The Secretary may give a person who is the holder of a seniors health card a notice that requires the person to inform the Department, or an officer specified in the notice, if: (a) a specified…
Section 118ZJ — Secretary may require particular information relevant to eligibility for seniors health card
(1) The Secretary may give a person who is the holder of a seniors health card a notice that requires the person to give the Department, or an officer specified in the notice, a statement in writing…
Section 118ZK — Continuing effect of determination
A determination that a person is entitled to a seniors health card continues in effect until: (a) the person ceases to be entitled to the card under section 118ZL or 118ZM; or (b) a further…
Section 118ZL — Person ceases to be entitled to card automatically—recipient complying with section 118ZI notification obligations
If: (a) a person who is the holder of a seniors health card is given a notice under section 118ZI; and (b) the notice requires the person to inform the Department or a specified officer of the…
Section 118ZM — Person ceases to be entitled to card automatically—recipient not complying with section 118ZI notification obligations
If: (a) a person who is the holder of a seniors health card is given a notice under section 118ZI; and (b) the notice requires the person to inform the Department or a specified officer of the…
Section 118ZN — Determination that a person ceases to be entitled to a seniors health card
(1) If the Commission is satisfied that a person is, or was, the holder of a seniors health card when the person is not, or was not, eligible for the card, the Commission is to determine that the…
Section 118ZO — Person may cease to be entitled to a seniors health card for failure to comply with section 118ZJ notice
(1) If: (a) a person who is the holder of a seniors health card is given a notice under section 118ZJ; and (b) the person does not comply with the requirements set out in the notice; the Commission…
Section 118P — Eligibility for energy supplement
Person holds a seniors health card (1) A person is eligible for energy supplement if: (a) the person is the holder of a seniors health card; and (aa) the person: (i) is in Australia; or (ii) is…
Section 118ZP — Resumption of entitlement
(1) If the Commission: (a) determines that a person ceases to be entitled to a seniors health card under section 118ZN or 118ZO; and (b) reconsiders that decision; and (c) becomes satisfied that…
Section 118ZQ — Date of effect of favourable determination
A determination under section 118ZP takes effect on the day on which the determination is made or on such later day or earlier day as is specified in the determination.
Section 118ZR — Date of effect of adverse determination
(1) The day on which a determination under section 118ZN or 118ZO or subsection 128A(2B) (the adverse determination) takes effect is worked out in accordance with this section. (2) The adverse…
Section 118ZS — Review of certain decisions
(1) A claimant who is dissatisfied with a decision of the Commission in relation to a claim for a seniors health card may request the Commission to review the decision. (2) A person who is…
Section 118ZT — Application for review
(1) A request for review of a decision under section 118ZS 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 118ZU — 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 118V — Eligibility for seniors health card
(1) Subject to subsection (4) and sections 118XA and 118XB, a person is eligible for a seniors health card if the person: (a) is a veteran; and (b) has rendered qualifying service; and (c) has…
Section 118ZV — Date of effect of certain review decisions
(1) If the Commission sets aside a decision and substitutes for it a decision that a person is entitled to a seniors health card, the substituted decision takes effect from a date specified by the…
Section 118W — Entitlement to a seniors health card
Even though a person is eligible for a seniors health card, it is only if the person is the holder of a seniors health card that benefits and concessions of various kinds relating to the person’s…
Section 118ZW — 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 118X — Social Security cardholder not entitled
If a person is the holder of a seniors health card within the meaning of the Social Security Act, the person is not entitled to a seniors health card under this Act.
Section 118ZX — 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 118Y — Need for a claim
(1) A person who wants to be granted a seniors health card must make a proper claim. Note: For proper claim see section 118ZA (form), section 118ZB (manner of lodgment) and section 118ZC…
Section 118ZY — 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 118Z — Who can claim?
(1) Subject to subsection (2), a claim must be made by: (a) the person who wants to be granted a seniors health card; or (b) with the approval of the person—another person on the person’s behalf. (2)…
Section 118ZZ — Withdrawal of request for review
(1) A person who requests a review under section 118ZS 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…
Section 119 — Commission not bound by technicalities
(1) In considering, hearing or determining, and in making a decision in relation to: (a) a claim or application or the grant of a veteran payment; (b) a review, under Division 16 of Part IIIB, of a…
Section 120 — Standard of proof
(1) Where a claim under Part II for a pension in respect of the incapacity from injury or disease of a veteran, or of the death of a veteran, relates to the operational service rendered by the…
Section 120A — Reasonableness of hypothesis to be assessed by reference to Statement of Principles
(1) This section applies to any of the following claims made on or after 1 June 1994: (a) a claim under Part II that relates to the operational service rendered by a veteran; (b) a claim under Part…
Section 120B — Reasonable satisfaction to be assessed in certain cases by reference to Statement of Principles
(1) This section applies to any of the following claims made on or after 1 June 1994: (a) a claim under Part II that relates to the eligible war service (other than operational service) rendered by a…
Section 121 — Instalments of pension
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)…
Section 122 — Payment of pension
(1) Subject to subsection (2), a pension shall be paid to the person (the pensioner) to whom the pension is payable. (2) Where the pensioner, by document lodged at an office of the Department in…
Section 122A — Pension or supplement may be paid to bank etc.
(1) The Commission may direct that the whole or a part of the amount of a pension is to be paid, at such intervals as it directs, to the credit of an account nominated from time to time by the…