Veterans' Entitlements Act 1986

This clause applies if:

on 19 September 2009 a person was receiving one of the following payments:

service pension or income support supplement;

age pension, disability support pension, carer payment, bereavement allowance or special needs pension under the Social Security Act; and

either:

the person continues (without a break) to receive one of those payments (whether or not of the same sort as the one the person received on that day); or

subclause (1A) applies to the person.

This subclause applies to a person if:

a payment by the Thalidomide Australia Fixed Trust:

is made to, or applied for the benefit of, the person as a beneficiary of the Trust; or

is made to, or applied for the benefit of, the person’s partner as a beneficiary of the Trust; or

is made to the person or the person’s partner in respect of a beneficiary of the Trust; and

subparagraph (1)(b)(i) applies to the person immediately before the payment is made; and

any of the payments mentioned in paragraph (1)(a) is payable to the person at the commencement of item 7 of Schedule 4 to the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Election Commitments and Other Measures) Act 2011; and

after that commencement, that payment, or any of the other payments referred to in paragraph (1)(a), continues (without a break) to be payable to the person.

This clause has effect for the purposes of working out the rate of service pension or income support supplement under this Act for the person for a day (the relevant day) after 19 September 2009 under subpoint SCH6‑A1(2), (3), (4) or (6).

This clause does not make a person entitled to receive service pension or income support supplement if the person is not otherwise entitled to receive it.

For working out the person’s rate of service pension, the person’s provisional payment rate is taken to be the amount worked out under subclause (4) if that amount is greater than the person’s provisional payment rate (for that purpose) apart from this clause.

The provisional payment rate is an amount worked out under the method statement in subpoint SCH6‑A1(2). That subpoint may be relevant of its own force or because of subpoint SCH6‑A1(3) or (4).

The amount is the one that would be the provisional payment rate under subpoint SCH6‑A1(2) if:

the maximum payment rate under that subpoint for the person were the total of:

the amount worked out under whichever of subclauses 31(1), (2), (3) and (4) is relevant to the person; and

the person’s energy supplement (if any) worked out using Module BB of the Rate Calculator; and

the amount (if any) per year calculated for the person under Module C of the Rate Calculator (for rent assistance);

the amendments made by Schedules 6 and 7 to the Veterans’ Affairs and Other Legislation Amendment (Pension Reform) Act 2009 had not been made.

The maximum payment rate is an amount used in subpoint SCH6‑A1(2).

Subclause 31(1) deals with a person in Australia who is not a member of a couple or is a member of an illness separated couple or respite care couple.

Subclause 31(2) deals with a person in Australia who is a member of a couple (but not a member of an illness separated couple or respite care couple).

Subclause 31(3) deals with a person who has been outside Australia for more than 12 weeks and is not a member of a couple or is a member of an illness separated couple or respite care couple.

Subclause 31(4) deals with a person who has been outside Australia for more than 12 weeks and is a member of a couple (but not a member of an illness separated couple or respite care couple).

The amount described in subparagraph (4)(a)(i) is indexed under Subdivision B (CPI indexation) of Division 18 of Part IIIB on and after 20 March 2010.

Section 65A may affect the inclusion of the energy supplement described in subparagraph (4)(a)(ia).

For working out the person’s rate of income support supplement, the person’s provisional payment rate is taken to be the amount worked out under subclause (6) if that amount is greater than the person’s provisional payment rate (for that purpose) apart from this clause.

The provisional payment rate is an amount worked out under the method statement in subpoint SCH6‑A1(6).

The amount is the one that would be the provisional payment rate under subpoint SCH6‑A1(6) if:

the maximum payment rate under that subpoint for the person were the total of:

the amount worked out under whichever of subclauses 32(1) and (2) is relevant to the person; and

the amount (if any) per year calculated for the person under Module C of the Rate Calculator (for rent assistance); and

the amendments made by Schedules 6 and 7 to the Veterans’ Affairs and Other Legislation Amendment (Pension Reform) Act 2009 had not been made; and

the increased rate were the amount worked out under subclause 32(3).

The maximum payment rate and increased rate are amounts used in subpoint SCH6‑A1(6).

Subclause 32(1) deals with a person who is not a member of a couple or is a member of an illness separated couple or respite care couple.

Subclause 32(2) deals with a person who is a member of a couple (but not a member of an illness separated couple or respite care couple).

The amount described in subparagraph (6)(a)(i) is indexed under Subdivision B (CPI indexation) of Division 18 of Part IIIB on and after 20 March 2010.

The amount described in paragraph (6)(c) is affected by indexation because the components of that amount are indexed.

Neither subclause (3) nor subclause (5) applies for working out the rate of service pension or income support supplement of the person for the relevant day if the relevant day is after a day for which one of the following conditions was met:

the amount worked out for the day under subclause (4) (in a previous application of this clause) was less than or equal to the person’s provisional payment rate for service pension apart from this clause;

the amount worked out for the day under subclause (6) (in a previous application of this clause) was less than or equal to the person’s provisional payment rate for income support supplement apart from this clause;

the amount worked out for the day under subclause 146(4) of Schedule 1A to the Social Security Act was less than or equal to the person’s provisional annual payment rate, apart from clause 146 of that Schedule, for a social security pension described in that clause.

However, subclause (7) does not prevent subclause (3) or (5) from applying for working out the rate of service pension or income support supplement of the person for the relevant day if:

on the relevant day the person is a member of a couple, but not a member of an illness separated couple or respite care couple; and

on each day for which a condition in paragraph (7)(a), (b) or (c) was met, the person was a member of a respite care couple; and

on a day before all the days described in paragraph (b):

the person was a member of a couple, but not a member of an illness separated couple or respite care couple, and not partnered (partner in gaol) within the meaning of the Social Security Act; and

either this clause affected the rate at which service pension or income support supplement was payable to the person or clause 146 of Schedule 1A to the Social Security Act affected the rate at which a social security pension described in that clause was payable to the person.

For member of a couple, illness separated couple and respite care couple see subsections 5E(1) and 5R(5) and (6) respectively.