Veterans' Entitlements Act 1986
Sections and provisions with full text and the judgments that cite each one.
Section 6DB — Operational service—service on submarine special operations
A member of the Defence Force for whom the following are satisfied: (a) the member has rendered continuous full-time service on a submarine for a period that started on or after 1 January 1978 and…
Section 6C — Operational service—post World War 2 service in operational areas
(1) Subject to this section, a member of the Defence Force who has rendered continuous full-time service in an operational area as: (a) a member who was allotted for duty in that area; or (b) a…
Section 6D — Operational service—other post World War 2 service
(1) This section applies to a member of the Defence Force who, or a member of a unit of the Defence Force that: (a) was assigned for service: (i) in Singapore at any time during the period from and…
Section 6E — Operational service—Korean demilitarised zone and Vietnam
A member of the Defence Force who was assigned for service: (a) in the demilitarised zone between North Korea and South Korea after 18 April 1956; or (b) on HMA Ship Vampire or Quickmatch in Vietnam…
Section 6F — Operational service—warlike and non-warlike service
A member of the Defence Force is taken to have been rendering operational service during any period of warlike service or non-warlike service of the member.
Section 7 — Eligible war service
(1) Subject to subsection (2), for the purposes of this Act: (a) a person who has rendered operational service shall be taken to have been rendering eligible war service while the person was…
Section 7A — Qualifying service
(1) For the purposes of Parts III and VA and sections 85 and 118V, a person has rendered qualifying service: (a) if the person has, as a member of the Defence Force: (i) rendered service, during a…
Section 8 — War-caused death
(1) Subject to this section and section 9A, for the purposes of this Act, the death of a veteran shall be taken to have been war-caused if: (a) the death of the veteran resulted from an occurrence…
Section 9 — War-caused injuries or diseases
(1) Subject to this section and section 9A, for the purposes of this Act, an injury suffered by a veteran shall be taken to be a war-caused injury, or a disease contracted by a veteran shall be taken…
Section 9A — Most war-caused injuries, diseases and deaths no longer covered by this Act
(1) A veteran’s injury, disease or death is taken not to be war-caused if: (a) the injury is sustained, the disease is contracted, or the death occurs, on or after the MRCA commencement date; and (b)…
Section 10 — Saving provisions applicable to the amendments relating to amounts in respect of children
(1) This clause applies to a person if: (a) immediately before 1 January 1998 a service pension or income support supplement was payable to the person at a rate that included one or more…
Section 10A — Parent of a person
(1) Without limiting who is a parent of anyone for the purposes of this Act, a person is the parent of another person (other than an adopted child) if the other person is a child of the person within…
Section 11 — Dependants
(1) In this Act, unless the contrary intention appears: dependant, in relation to a veteran (including a veteran who has died), means: (a) the partner; or (b) a non-illness separated spouse; or (c) a…
Section 11A — Amendments relating to treatment of income streams
(1) If: (a) a person who had entered into a binding arrangement for the provision to the person of an income stream was, on 19 September 1998, receiving a service pension, an income support…
Section 11AA — Reinstated pensioner
In this Act, unless the contrary intention appears: reinstated pensioner means a person who the Commission has determined under section 13AG to be a reinstated pensioner.
Section 11B — Transitional definition of deductible amount (commencing 1 July 2007)
(1) This clause applies if: (a) a person has received at least one payment from a defined benefit income stream before 1 July 2007, and is still receiving payments from the income stream; and (b) the…
Section 12 — Overview of Part
(1) The following is a basic summary of this Part. (2) For people who either: (a) became liable to pay an accommodation bond at any time from the beginning of 1 October 1997 until the end of 5…
Section 13 — Eligibility for pensions by way of compensation to veterans and their dependants
(1) Where: (a) the death of a veteran was war-caused; or (b) a veteran is incapacitated from a war-caused injury or a war-caused disease; the Commonwealth is, subject to this Act, liable to pay: (c)…
Section 13A — Certain dependants to be automatically paid pension
(1) If: (a) a veteran dies; and (b) the veteran is survived by a dependant of the deceased veteran; and (c) the veteran: (i) was, immediately before the veteran’s death, a veteran to whom subsection…
Section 13AA — Application for verification determination
A person who wants to be determined by the Commission to be a reinstated pensioner (a verification determination) must make a proper application.
Section 13AB — Who may apply
(1) An application for a verification determination may be made: (a) by the person (the applicant) who wants to be determined to be a reinstated pensioner; or (b) with the approval of the applicant,…
Section 13B — Reinstated pensioners to be automatically paid pension
(1) If the Commission makes a determination under section 13AG that a person is a reinstated pensioner, the pension payable to the reinstated pensioner under subsection 30(1) is payable: (a) without…
Section 13AC — Application for verification determination
An application for a verification determination: (a) must be in writing and in accordance with a form approved by the Commission; and (b) must be accompanied by such evidence available to the…
Section 13AE — Investigation by the Secretary
(1) If an application is made for a verification determination, the Secretary must investigate the matters to which the application relates. (2) When the investigation is completed, the Secretary…
Section 13AF — Duties of Commission in relation to application for verification determination
(1) If an application is submitted to the Commission in accordance with subsection 13AE(2), the Commission must: (a) consider all matters that, in the Commission’s opinion, are relevant to the…
Section 13AG — Verification determination
(1) The Commission must determine that a person is a reinstated pensioner if the Commission is satisfied that: (a) the person was eligible for and receiving a pension, on or before 28 May 1984, under…
Section 14 — Claim for pension
(1) Subject to subsection (2), a veteran, or a dependant of a deceased veteran other than a reinstated pensioner, may make a claim for a pension in accordance with subsection (3). Note 1: Some…
Section 15 — Application for increase in pension
(1) A veteran who is in receipt of a pension under this Part in respect of the incapacity of the veteran may apply, in accordance with subsection (3) of this section, for an increase in the rate of…
Section 16 — Meaning of exempt bond amount
(1) The following is how to work out a person’s exempt bond amount. (2) If the person is covered by subclause 13(1) (but not subclause 13(2)), the person’s exempt bond amount is any amount of…
Section 17 — Investigation by the Secretary
(1) Where a claim is made for a pension under subsection 14(1), or an application is made for an increased pension under subsection 15(1) or for a pension under subsection 15(2), the Secretary shall…
Section 17A — Persons who became charge exempt residents before commencement
(1) This clause applies if a person first became a charge exempt resident before the commencement of this clause. (2) If, at any time after becoming a charge exempt resident but before the…
Section 17B — Refunds of accommodation charge
(1) Clauses 17C and 17D apply to an amount (the refunded amount) that is refunded as mentioned in paragraph 56-1(kc) or 56-3(ic) of the Aged Care Act 1997 (as in force before 1 July 2014) to a person…
Section 17C — Person’s ordinary income reduced using financial asset rules
(1) For the purposes of this clause, assume that the refunded amount were a financial asset of the person. (2) The person’s ordinary income for a year is reduced by the amount of ordinary income…
Section 17D — Value of person’s assets reduced
For the purposes of this Act (other than sections 52FA, 52G, 52GA, 52H, 52JA, 52JB, 52JC and 52JD), the total value of the person’s assets is reduced by the refunded amount.
Section 17E — Application of Part
This Part applies in relation to a person who is a charge exempt resident at any time, whether before or after the commencement of the Part.
Section 18 — Duties of Commission in relation to pensions
(1) It is the duty of the Commission in considering a claim or application submitted to it, to satisfy itself with respect to, or to determine, as the case requires, all matters relevant to the…
Section 19 — Determination of claims and applications
(1) Where a claim or application is submitted to the Commission in accordance with subsection 17(2), the Commission shall: (a) consider all matters that, in the Commission’s opinion, are relevant to…
Section 19A — Refusal to undergo medical examination etc. may delay consideration of claim or application
(1) Where: (a) a claimant, being a veteran, has refused or failed to undergo a medical examination for the purpose of the investigation of the claim or the consideration of the claim by the…
Section 20 — Dates of effect that may be specified in respect of grant of claim for pension
(1) Where a claim in accordance with section 14 for a pension is granted (other than a claim to which subsection (2A) applies), the Commission may, subject to this Act, specify as a date that a…
Section 21 — Dates of effect that may be specified in respect of grant of applications under section 15
(1) The Commission may, subject to this Act, specify as a date that a determination of an application made under section 15 takes effect in respect of a person, the date on which the application, in…
Section 21A — Determination of degree of incapacity
(1) The Commission shall, subject to subsections (2) and (3), determine the degree of incapacity of a veteran from war-caused injury or war-caused disease, or both, according to the provisions of the…
Section 22 — General rate of pension and extreme disablement adjustment
(1) This section applies to a veteran who is being paid, or is eligible to be paid, a pension under this Part, other than a veteran to whom section 23, 24 or 25 applies. (2) Subject to this Division,…
Section 23 — Intermediate rate of pension
(1) This section applies to a veteran if: (aa) the veteran has made a claim under section 14 for a pension, or an application under section 15 for an increase in the rate of the pension that he or…
Section 24 — Special rate of pension
(1) This section applies to a veteran if: (aa) the veteran has made a claim under section 14 for a pension, or an application under section 15 for an increase in the rate of the pension that he or…
Section 24A — Continuation of rates of certain pensions
(1) Subject to subsections (1A) and (2), if the Commonwealth is or becomes liable to pay a pension to a veteran at the rate applicable under section 23 or 24, that rate continues, while a pension…
Section 25 — Temporary payment at special rate
(1) Where the Commission is satisfied that: (a) a veteran is temporarily incapacitated from war-caused injury or war-caused disease, or both; and (b) if the veteran were so incapacitated permanently,…
Section 25A — Offsetting certain payments made under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988
(1) This section applies to a veteran: (a) to whom section 23, 24 or 25 applies; or (b) who is granted a loss of earnings allowance under section 108; in respect of the incapacity of the veteran from…
Section 26 — Reduction in rate of pension in certain cases
(1) Where: (a) a veteran is entitled to receive, or is in receipt of, a pension in respect of incapacity from war-caused injury or war-caused disease, or both; and (b) the veteran is also entitled to…
Section 27 — Increased rates of pension in certain cases
(1) This section applies to a veteran (other than a veteran to whom section 24 applies) who is being paid, or is eligible to be paid, a pension under this Part in respect of incapacity from a…
Section 27A — Calculation of arrears of pension
(1) This section applies if: (a) a pension becomes payable, or becomes payable at an increased rate, under this Part to a veteran from a date (the operative date) before the date on which a decision…