Veterans' Entitlements Act 1986
Sections and provisions with full text and the judgments that cite each one.
Section 45UL — Lodgment period for claim
(1) This section sets out rules for determining the period (the lodgment period) within which a claim for pension bonus must be made. (1A) However, the Commission may in special circumstances allow a…
Section 45UUL — Payment of pension bonus bereavement payment after death
(1) This section sets out the only circumstances in which pension bonus bereavement payment will be payable after the death of the person concerned. (2) If: (a) a person claims a pension bonus…
Section 45M — Claimant must be Australian resident and in Australia
(1) Subject to subsection (2), 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…
Section 45TM — Accruing membership
For the purposes of this Part, a person’s membership of the pension bonus scheme at a particular time is accruing unless the person’s membership is non-accruing or post-70/75 at that time.
Section 45UM — Withdrawal of claim
(1) A claimant for a pension bonus 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 (2) A claim that is withdrawn is taken not to have been made.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 orally or by document…
Section 45N — Not necessary to make a claim in certain circumstances
(1) This section applies to: (a) a war widower or war widow: (i) to whom section 45E applies; and (ii) who has not made, or is not taken to have made, an election under subsection 45E(2); and (b) a…
Section 45TN — Non-accruing membership—preclusion periods
Disposal preclusion period (1) For the purposes of this Part, if a person is subject to a disposal preclusion period at a particular time when the person is a member of the pension bonus scheme, the…
Section 45UN — Secretary to investigate claim and submit it to Commission
(1) If a person makes a proper claim for a pension bonus, the Secretary must cause an investigation to be made into the matters to which the claim relates. (2) When the investigation is completed,…
Section 45TO — Non-accruing membership—Commission’s discretion
(1) The Commission may, by legislative instrument, declare that, for the purposes of this Part, a specified kind of member of the pension bonus scheme is a non-accruing member throughout a period…
Section 45UO — Commission to determine claim
(1) The Commission must, in accordance with this Act, determine a claim for pension bonus. (2) If a person claims both a pension bonus and a designated pension, the Commission must not determine the…
Section 45P — Secretary to investigate claim and submit it to Commission
(1) If a person makes a proper claim for income support supplement, the Secretary must cause an investigation to be made into the matters to which the claim relates. (2) When the investigation is…
Section 45TP — Continuity of accruing membership is not broken by a period of non-accruing membership
If: (a) a person has been an accruing member of the pension bonus scheme for a continuous period (the first accruing membership period) (including a period that is applicable because of one or more…
Section 45UP — Grant of claim
The Commission must determine that a claim for pension bonus is to be granted if the Commission is satisfied that the person is qualified for the pension bonus.
Section 45Q — Duties of Commission in relation to claim
Determination of claim (1) When the claim is submitted to the Commission, the Commission must: (a) consider the claim; and (b) satisfy itself with respect to all matters relevant to the determination…
Section 45TQ — Post-70/75 membership
A person’s membership of the pension bonus scheme is post-70/75 at all times on or after: (a) if the person is eligible for an age service pension or income support supplement (other than income…
Section 45UQ — Payment of pension bonus
If a claim for pension bonus is granted, the bonus is payable to the person concerned on: (a) the first pension payday after the grant; or (b) if the Commission considers that it is not practicable…
Section 45R — Date of effect of determination
(1) If the Commission determines under section 45Q that income support supplement is payable to the person: (a) the determination takes effect on the day on which the determination is made or on such…
Section 45TR — Accrual of bonus periods
Full-year bonus period (1) The first bonus period that accrues to a person is the full-year period of the person’s accruing membership of the pension bonus scheme: (a) that began on whichever of the…
Section 45UR — Payment of bonus after death
(1) This section sets out the only circumstances in which a pension bonus will be payable after the death of the person concerned. Note: A person’s surviving partner may be qualified for a pension…
Section 45S — How to work out the rate of income support supplement
(1) The rate of income support supplement is to be calculated in accordance with the Rate Calculator.
Section 45TS — Work test—full-year period
For the purposes of this Part, a person passes the work test for a full-year period of the person’s accruing membership of the pension bonus scheme if: (a) in any case—the person satisfies the…
Section 45US — Pension bonus to be absolutely inalienable
(1) A pension bonus is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise. This subsection has effect subject to subsections…
Section 45T — Simplified outline
The following is a simplified outline of this Part: • A person may be able to get a single lump-sum pension bonus if: (a) the person becomes eligible for an age service pension, but defers claiming…
Section 45TT — Work test—part-year period
(1) For the purposes of this Part, a person passes the work test for a part-year period of the person’s accruing membership of the pension bonus scheme if: (a) in any case—the person satisfies the…
Section 45UT — Disposal preclusion period—dispositions before 1 July 2002
(1) For the purposes of this Part, if: (a) either: (i) a person has, during a designated year of the person, disposed of an asset of the person; or (ii) the partner of a person has, during a…
Section 45TU — Commission’s discretion to treat gainful work outside Australia as gainful work in Australia
(1) If a person satisfies the Commission that: (a) the person, or the person’s partner, has carried on gainful work outside Australia; and (b) because of special circumstances, the gainful work…
Section 45U — Evidentiary certificate
Hours worked during full-year period (1) The Commission may, if requested to do so by a member of the pension bonus scheme, issue a written certificate stating that: (a) the member was an accruing…
Section 45UU — Carer preclusion period
(1) For the purposes of this Part, if a person receives: (a) a carer payment; or (b) a carer service pension; or (c) income support supplement that is payable as a result of the operation of…
Section 45TV — Gainful work—basic rule
(1) For the purposes of this Part, gainful work is work for financial gain or reward, whether as an employee, a self-employed person or otherwise, where: (a) the work involves a substantial degree of…
Section 45UV — Persons to whom this Division applies
This Division applies to a person: (a) who is a war widow/war widower—pensioner; and (b) who registers under this Act as a member of the pension bonus scheme in respect of income support supplement;…
Section 45TW — Commission’s discretion to treat activity as gainful work
(1) If a person satisfies the Commission that: (a) the person, or the person’s partner, has engaged in a particular activity; and (b) the activity involves a substantial degree of personal exertion…
Section 45UW — Commission may request the provision of information
The Commission may, by notice in writing, request a person to whom this Division applies to provide to the Commission, within a period specified in the notice, any information that it considers would…
Section 45TX — Irregular, infrequent and minor absences from a workplace count as gainful work
For the purposes of this Part, if a person is engaged in gainful work, the total hours gainfully worked by the person during a period are to be determined as if the person had been engaged in gainful…
Section 45UX — Commission may determine whether periods occurring before becoming a war widow/war widower—pensioner are bonus periods under the social security law
(1) If a person: (a) is a person to whom this Division applies; and (b) was registered as a member of the SSA pension bonus scheme; the Commission may, subject to subsection (3), determine, having…
Section 45TY — Management of family financial investments does not count as gainful work
(1) Unless the Commission otherwise determines, work undertaken by a person is taken not to be gainful work for the purposes of this Part to the extent to which the work consists of the management or…
Section 45UY — Modification of provisions of this Part in respect of persons to whom this Division applies
(1) For the purposes of working out the amount of the pension bonus payable under this Part to a person to whom this Division applies and subject to subsection (2), if the Commission determines,…
Section 45TZ — Domestic duties in relation to a person’s place of residence do not count as gainful work
(1) Unless the Commission otherwise determines, work undertaken by a person is taken not to be gainful work for the purposes of this Part if the work consists of carrying out: (a) domestic tasks; or…
Section 46 — General meaning of ordinary income
A reference in this Act to a person’s ordinary income for a period is a reference to the person’s gross ordinary income from all sources for the period calculated without any reduction, other than a…
Section 46A — Certain amounts taken to be received over 12 months
If a person receives, whether before or after the commencement of this section, an amount that: (a) is not income within the meaning of Division 3 or 4 of this Part; and (b) is not: (i) income in the…
Section 46AA — Income concession
(1) This section applies to a person if: (a) the person’s rate of service pension or income support supplement is calculated in accordance with the Rate Calculator; and (b) the person has reached…
Section 46ABA — Meaning of gainful work
(1) For the purposes of this Division, gainful work is work for financial gain or reward (other than as an employee), where: (a) the work involves personal exertion on the part of the person…
Section 46SA — Scope of Subdivision
(1) This Subdivision applies to income streams that are not family law affected income streams. (2) However, this Subdivision does not apply to: (a) an asset-tested income stream (long term) that is…
Section 46VA — Income from market-linked asset-test exempt income stream
(1) If either of the following conditions is satisfied in relation to the asset-test exempt income stream to which this Subdivision applies: (a) the income stream is covered by subsection 5JBA(1);…
Section 46VAA — Income—income stream is a military invalidity pension income stream
If the asset-test exempt income stream to which this Subdivision applies is a military invalidity pension income stream, the amount that the person is taken to receive from the income stream each…
Section 46YA — Income from certain low-payment asset-tested income streams
(1) If: (a) an income stream is an asset-tested income stream (long term) to which this Subdivision applies; and (b) the income stream is an allocated pension within the meaning of the Superannuation…
Section 46ZA — Income from asset-test exempt income streams
(1) For the purpose of working out the annual rate of ordinary income of a person from an asset-test exempt income stream to which this Subdivision applies, the person is taken to receive from that…
Section 46ZBA — Income from asset-tested income stream (lifetime)
(1) For the purpose of working out the annual rate of ordinary income of a person from an asset-tested income stream (lifetime) to which this Subdivision applies, the person is taken to receive from…
Section 46AB — Meaning of employment income
(1) For the purposes of section 46AA, employment income, in relation to a person, is ordinary income of the person: (a) that is for remunerative work of the person as an employee in an…
Section 46B — Ordinary income from a business—treatment of trading stock
(1) If: (a) a person carries on a business; and (b) the value of all the trading stock on hand at the end of a tax year is greater than the value of all the trading stock on hand at the beginning of…
Section 46YB — Income—asset-tested income stream (lifetime)
If the income stream is an asset-tested income stream (lifetime), the amount that the person is taken to receive from the income stream each year is worked out as follows: where: annual payment means…