Veterans' Entitlements Act 1986
Sections and provisions with full text and the judgments that cite each one.
Section 45UIA — Apportioned amount
For the purposes of subsection 45UG(1A), the apportioned amount is: where: annual pension rate is the person’s annual pension rate, worked out as at the date of grant of the designated pension, in…
Section 45UTA — Disposal preclusion period—dispositions on or after 1 July 2002
A person is subject to a disposal preclusion period throughout any period for which an amount is included in the value of the person’s assets under Subdivision BB of Division 11 of Part IIIB.
Section 45UUA — Qualification for pension bonus bereavement payment
A person is qualified for a pension bonus bereavement payment if: (a) the person stopped being a member of a couple because the person’s partner died; and (b) immediately before the partner died, the…
Section 45B — Income support supplement may not be payable in some circumstances
(1) Even though a person is eligible for income support supplement, income support supplement may not be payable to the person because: (a) the pension has not commenced to be payable (see section…
Section 45SB — Veteran payment
(1) The Commission may, by legislative instrument, make provision for and in relation to the making of a payment (a veteran payment) to a person (the primary person) for whom the following criteria…
Section 45TB — Special date of eligibility for a designated pension
Age service pension (1) For the purposes of this Part, a person’s special date of eligibility for an age service pension is the first day on which the person becomes eligible for an age service…
Section 45UB — How to calculate the amount of pension bonus
(1) To calculate the amount of a person’s pension bonus: (a) work out which of the person’s bonus periods count as qualifying bonus periods (see section 45UC); (b) work out the person’s overall…
Section 45UIB — Top up of pension bonus for increased rate of designated pension
(1) The Commission may determine (a top up determination) that a person’s pension bonus is to be increased if: (a) the Commission makes a determination (a rate determination) increasing the rate of…
Section 45UUB — Amount of pension bonus bereavement payment
(1) The amount of a person’s pension bonus bereavement payment is worked out: (a) by working out the amount of pension bonus that would have been payable to the legal personal representative of the…
Section 45C — Income support supplement generally not payable before claim
(1) Income support supplement is not payable to a person before the day on which the person claimed, or is taken to have claimed, income support supplement. Initial incorrect claim followed by proper…
Section 45NC — Oral withdrawal of a claim
An oral withdrawal of a claim must be made to a person in an office of the Department in Australia.
Section 45TC — Qualification for pension bonus
Deferral of age service pension (1) A person is qualified for a pension bonus if: (a) the person starts to receive an age service pension at or after the time when the person makes a claim for the…
Section 45UC — Qualifying bonus periods
(1) For the purposes of this Division, if a person has accrued only one bonus period, that bonus period is the person’s qualifying bonus period. (2) For the purposes of this Division, if a person has…
Section 45UIC — Top up of pension bonus in specified circumstances
(1) The Commission may determine (a top up determination) that a person’s pension bonus is to be increased if: (a) the Commission makes a determination (a rate determination) increasing the rate of…
Section 45UUC — Definition of PBBP employment income
(1) PBBP employment income, of a person: (a) means ordinary income that is, or is taken to be, earned, derived or received by the person or the person’s partner from gainful work; and (b) includes…
Section 45D — Restrictions on dual pensions
(1) Income support supplement is not payable to a person if the person is receiving: (a) an age service pension; or (b) an invalidity service pension; or (ba) a veteran payment; or (c) a social…
Section 45ND — Acknowledgment of oral withdrawal of a claim
As soon as practicable after receiving an oral withdrawal of a claim, the Secretary must give the claimant an acknowledgment notice in writing stating that: (a) an oral withdrawal of a claim has been…
Section 45TD — Application for registration
(1) A person may apply for registration as a member of the pension bonus scheme. (2) However, a person cannot make an application on or after 1 July 2014.
Section 45UD — Overall qualifying period
(1) For the purposes of this Division, if a person has only one qualifying bonus period, that period is the person’s overall qualifying period. (2) For the purposes of this Division, if a person has…
Section 45UUD — Need for a claim for pension bonus bereavement payment
A person who wants to be granted a pension bonus bereavement payment must make a proper claim for the payment.
Section 45E — Election to continue to receive social security pension
(1) This section applies to a war widower or war widow who immediately before the day (commencing day) on which this Part commences was receiving a social security pension. (2) A person to whom this…
Section 45NE — Reactivating the withdrawn claim
If, within 28 days from the day on which the Secretary gave the acknowledgment notice, the claimant, or a person on behalf of the claimant, requests the Secretary to treat the oral withdrawal of the…
Section 45TE — Making an application
(1) An application: (a) must be in writing; and (b) must be in accordance with a form approved by the Commission; and (c) must be lodged at an office of the Department in Australia in accordance with…
Section 45UE — Pension multiple
For the purposes of this Division, a person’s pension multiple is worked out using the formula:
Section 45UUE — Proper claim
(1) To be a proper claim, a claim for pension bonus bereavement payment must be: (a) in writing; and (b) in accordance with a form approved by the Commission; and (c) lodged at an office of the…
Section 45F — Claim for social security pension by war widower or war widow pending at commencement of Part
(1) This section applies to a war widower or war widow if: (a) before the day (commencing day) on which this Part commences, he or she had made a claim for a social security pension under the Social…
Section 45NF — Secretary may require claimant or claimant’s partner to take action to obtain a comparable foreign pension
(1) If: (a) a person has claimed income support supplement; and (b) the Secretary is satisfied that the claimant may be entitled to a comparable foreign pension if the claimant applied for that…
Section 45TF — Relevant information
(1) An approved form may require the applicant to provide relevant information (see subsection (4)). (2) The Secretary may, by written notice given to the applicant, require the applicant to give the…
Section 45UF — Annual pension rate
(1) For the purposes of this Division, a person’s annual pension rate is set out in the following table: Annual pension rate Item In this case: The person’s annual pension rate is: 1 The person: (a)…
Section 45UUF — Lodgment period for claim
(1) The lodgment period for a person’s claim for pension bonus bereavement payment is the period of 26 weeks beginning on the day of death of the partner in respect of whom the person is qualified…
Section 45G — Review of decision rejecting a claim by war widower or war widow for social security pension pending at commencement of Part
(1) This section applies to a war widower or war widow if: (a) before the day (commencing day) on which this Part commences, he or she had made a claim for a social security pension, and the claim…
Section 45UG — Amount of pension bonus
No change in couple status during overall qualifying period (1) If: (a) a person either: (i) was a member of a couple throughout the person’s overall qualifying period; or (ii) was not a member of a…
Section 45UUG — Withdrawal of claim
(1) A claimant for a pension bonus bereavement payment may withdraw a claim that has not been determined. (2) A claim that is withdrawn is taken not to have been made. (3) A withdrawal may be made…
Section 45H — Review of decision concerning rate of social security pension paid to war widower or war widow pending at commencement of Part
(1) This section applies if: (a) immediately before the day (commencing day) on which this Part commences, a social security pension was payable to a war widower or war widow; and (b) on the…
Section 45TH — Timing of application and registration
Special date of eligibility for designated pension on or after 1 July 1998 (1) If a person’s special date of eligibility for a designated pension occurs on or after 1 July 1998: (a) the person must…
Section 45UH — Annual notional single pension rate
(1) For the purposes of this Division, a person’s annual notional single pension rate is set out in the following table: Annual notional single pension rate Item In this case: The person’s annual…
Section 45UUH — Secretary to investigate claim and submit it to Commission
(1) If a person makes a proper claim for a pension bonus bereavement payment, the Secretary must cause an investigation to be made into the matters to which the claim relates. (2) When the…
Section 45I — Need for a proper claim
Subject to section 45N, a person is not entitled to be granted income support supplement unless the person has made a proper claim for that supplement.
Section 45TI — Registration
(1) If an application is made in accordance with this Subdivision, the Commission must register the applicant as a member of the pension bonus scheme. (1A) However, the Commission must not register a…
Section 45UI — Annual notional partnered pension rate
(1) For the purposes of this Division, a person’s annual notional partnered pension rate is set out in the following table: Annual notional partnered pension rate Item In this case: The person’s…
Section 45UUI — Commission to determine claim
The Commission must, in accordance with this Act, determine a claim for pension bonus bereavement payment.
Section 45J — Who can claim?
(1) Subject to subsection (2), the claim must be made by: (a) the person (claimant) who wants to be granted income support supplement; or (b) with the approval of the claimant—another person on the…
Section 45TJ — Duration of membership
A person’s membership of the pension bonus scheme begins on the date on which the registration of that membership takes effect and continues until the membership is cancelled under this Act.
Section 45UJ — Need for a claim
A person who wants to be granted a pension bonus must make a proper claim for the bonus.
Section 45UUJ — Grant of claim
The Commission must determine that a claim for pension bonus bereavement payment is to be granted if the Commission is satisfied that the person is qualified for the payment.
Section 45K — 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 that the person making the claim…
Section 45TK — Cancellation of membership
A person’s membership of the pension bonus scheme is cancelled if: (a) the person’s claim for pension bonus is determined; or (b) in a case where the person is eligible for an age service pension—the…
Section 45UK — Proper claim
(1) To be a proper claim, a claim for pension bonus must be: (a) in writing; and (b) in accordance with a form approved by the Commission; and (c) one of the following: (i) attached to, or submitted…
Section 45UUK — Payment of pension bonus bereavement payment
If a claim for pension bonus bereavement payment is granted, the payment is payable to the person concerned on: (a) the first pension payday after the grant; or (b) if the Commission considers that…
Section 45TL — Application for registration is not to be treated as a claim
To avoid doubt, an application for registration as a member of the pension bonus scheme is not to be treated as a claim for the purposes of any law of the Commonwealth.