Schedule(s)
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Indexation of above general rate disability pensions
Veterans’ Entitlements Act 1986
1 Subsection 22(4)
Omit “increased by 50% of the maximum rate set out in subsection (3)”, substitute “$433.65 per fortnight”.
2 Paragraph 98B(1)(a)
Omit “a rate that had been increased under”, substitute “the rate specified in”.
3 Subparagraph 99(2)(a)(i)
Omit “increased”, substitute “worked out”.
4 Subparagraph 113(2)(b)(i)
Omit “increased”, substitute “worked out”.
5 Subsection 198(1)
Insert:
above general rate means the following rates:
the rate under subsection 22(4);
the rate under subsection 23(4);
the rate under subsection 24(4).
6 Subsection 198(1) (paragraphs (b) and (c) of the definition of relevant rate)
Repeal the paragraphs.
7 At the end of subsection 198(4) (before the note)
Add:
For indexation of each above general rate, see subsection (5E).
8 Subsection 198(4) (note)
Omit “Note”, substitute “Note 2”.
9 After subsection 198(5D)
Insert:
This Act has effect as if, on the first day (the adjustment day) of each relevant period, there were substituted, for each above general rate, the rate worked out as follows:
Method statement
Step 1. Work out the general rate on the adjustment day.
Step 2. Work out the general rate on the day before the adjustment day.
Step 3. Work out the above general rate on the day before the adjustment day.
Step 4. Subtract the rate at step 2 from the rate at step 3.
Step 5. Multiply the amount worked out at step 4 by the pension MBR factor specified in section 59LA (rounding the result up to the nearest $0.10).
Step 6. Add the rate worked out at step 1 to the amount worked out at step 5: the result is the above general rate on the adjustment day.
10 Subsection 198(10)
After “relevant rate”, insert “or an above general rate”.
Schedule 2—Defence Force Income Support Allowance
Part 1—Amendment of the Veterans’ Entitlements Act 1986
1 Subsection 5H(1) (paragraph (b) of the definition of adjusted income)
Repeal the paragraph, substitute:
a payment that is disability pension under paragraph (d) of the definition of disability pension in section 5Q payable to the person;
2 Subsection 5H(1) (paragraphs (cc), (cd) and (ce) of the definition of adjusted income)
Repeal the paragraphs.
3 After paragraph 5H(8)(f)
Insert:
a payment under Part VIIAB, including a payment made under regulations made under that Part;
4 Subsection 5Q(1)
Insert:
Defence Force Income Support Allowance or DFISA means Defence Force Income Support Allowance under Part VIIAB.
5 Subsection 5Q(1)
Insert:
DFISA bonus means DFISA bonus under Part VIIAB.
6 At the end of paragraph 45TC(1)(e)
Add:
Even though the person may not have actually received an amount of social security pension or benefit because the rate of the pension or benefit was nil, in some cases the person will be taken to have received the pension or benefit if adjusted disability pension (within the meaning of section 118NA) was payable to the person or the person’s partner: see subsection 23(1D) of the Social Security Act.
7 After subparagraph 45TC(1)(f)(i)
Insert:
DFISA bonus; or
8 At the end of paragraph 45TC(2)(e)
Add:
Even though the person may not have actually received an amount of social security pension or benefit because the rate of the pension or benefit was nil, in some cases the person will be taken to have received the pension or benefit if adjusted disability pension (within the meaning of section 118NA) was payable to the person or the person’s partner: see subsection 23(1D) of the Social Security Act.
9 After subparagraph 45TC(2)(f)(i)
Insert:
DFISA bonus; or
10 At the end of paragraph 45TC(3)(e)
Add:
Even though the person may not have actually received an amount of social security pension or benefit because the rate of the pension or benefit was nil, in some cases the person will be taken to have received the pension or benefit if adjusted disability pension (within the meaning of section 118NA) was payable to the person or the person’s partner: see subsection 23(1D) of the Social Security Act.
11 After subparagraph 45TC(3)(f)(i)
Insert:
DFISA bonus; or
12 At the end of section 53J
Add:
Even though the partner may not actually have been receiving an amount of social security pension because the rate of the pension was nil, in some cases the partner will have been taken to be receiving the pension if adjusted disability pension (within the meaning of section 118NA) was payable to the person or the partner: see subsection 23(1D) of the Social Security Act.
13 At the end of section 53M
Add:
If DFISA was payable to the partner in relation to a social security pension the partner was receiving, then the rate of that pension on the last day of the last pension period that ended before the day of the partner’s death is increased by the rate of DFISA that was payable to the partner on that day.
14 Paragraph 53NA(1)(a)
After “pension” (first occurring), insert “, DFISA”.
15 After Part VIIA
Insert:
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