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VETERANS' ENTITLEMENTS ACT 1986


TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Repeal  
   4.      Extension of Act to external Territories  
   4A.     Application of the Criminal Code  
   4B.     Secretary may arrange for use of computer programs to make decisions  
   5.      Definitions--simplified outline  
   5A.     Repatriation Commission definitions  
   5AB.    Repatriation Medical Authority and Specialist Medical Review Council definitions  
   5B.     War and operational area related definitions  
   5C.     Eligibility related definitions  
   5D.     Injury/disease definitions  
   5E.     Family relationships definitions--couples  
   5F.     Family relationships definitions--children  
   5G.     Australian residence definitions  
   5GA.    Pension supplement rate definitions  
   5H.     Income test definitions  
   5I.     Special Rate Disability Pension reduction amount  
   5J.     Financial assets and income streams definitions  
   5JA.    Meaning of asset - test exempt income stream --lifetime income streams  
   5JB.    Meaning of asset - test exempt income stream --life expectancy income streams  
   5JBA.   Meaning of asset - test exempt income stream --market - linked income streams  
   5JC.    Family law affected income streams  
   5JD.    Asset - tested status of secondary FLA income streams  
   5JE.    Asset - tested income stream (lifetime)  
   5K.     Maintenance income definitions  
   5L.     Assets test definitions  
   5LA.    Principal home definition for the purpose of the assets test  
   5M.     Retirement village definitions  
   5MA.    Granny flat definitions  
   5MB.    Sale leaseback definitions  
   5MC.    Special residence and resident definitions  
   5N.     Rent definitions  
   5NA.    Indexation and rate adjustment definitions  
   5NB.    Compensation recovery definitions  
   5NC.    In care definitions  
   5PB.    Seniors health card definitions  
   5PC.    Exempt funeral investments  
   5Q.     Dictionary  
   5QAA.   Equal amounts  
   5QA.    Pension age for veterans  
   5QB.    Pension age for persons other than veterans  
   5R.     Determinations having interpretative effect  
   5T.     Lodgment of claims, applications, requests and documents  
   5U.     Notes  
   6.      Operational service--general outline  
   6A.     Operational service--world wars  
   6B.     Operational service--Australian mariners  
   6C.     Operational service--post World War 2 service in operational areas  
   6D.     Operational service--other post World War 2 service  
   6DA.    Operational service--minesweeping and bomb/mine clearance service  
   6DB.    Operational service--service on submarine special operations  
   6E.     Operational service--Korean demilitarised zone and Vietnam  
   6F.     Operational service--warlike and non - warlike service  
   7.      Eligible war service  
   7A.     Qualifying service  
   8.      War - caused death  
   9.      War - caused injuries or diseases  
   9A.     Most war - caused injuries, diseases and deaths no longer covered by this Act  
   10.     Child of a veteran or other person  
   10A.    Parent of a person  
   11.     Dependants  
   11AA.   Reinstated pensioner  
   11A.    De facto relationships  
   11B.    Domicile  

   PART II--PENSIONS--BY WAY OF COMPENSATION TO VETERANS AND THEIR DEPENDANTS

           Division 1--Interpretation

   12.     Interpretation  

           Division 2--Eligibility for pensions by way of compensation to veterans and their dependants

   13.     Eligibility for pensions by way of compensation to veterans and their dependants  

           Division 2A--Verification determinations for reinstated pensioners

   13AA.   Application for verification determination  
   13AB.   Who may apply  
   13AC.   Application for verification determination  
   13AE.   Investigation by the Secretary  
   13AF.   Duties of Commission in relation to application for verification determination  
   13AG.   Verification determination  

           Division 3--Claims for pensions and applications for increases in pensions

   13A.    Certain dependants to be automatically paid pension  
   13B.    Reinstated pensioners to be automatically paid pension  
   14.     Claim for pension  
   15.     Application for increase in pension  
   16.     Who may make claim or application  
   17.     Investigation by the Secretary  
   18.     Duties of Commission in relation to pensions  
   19.     Determination of claims and applications  
   19A.    Refusal to undergo medical examination etc. may delay consideration of claim or application  
   20.     Dates of effect that may be specified in respect of grant of claim for pension  
   21.     Dates of effect that may be specified in respect of grant of applications under section 15  

           Division 4--Rates of pensions payable to veterans

   21A.    Determination of degree of incapacity  
   22.     General rate of pension and extreme disablement adjustment  
   23.     Intermediate rate of pension  
   24.     Special rate of pension  
   24A.    Continuation of rates of certain pensions  
   25.     Temporary payment at special rate  
   25A.    Offsetting certain payments made under the Safety, Rehabilitation and Compensation (Defence - related Claims) Act 1988  
   26.     Reduction in rate of pension in certain cases  
   27.     Increased rates of pension in certain cases  
   27A.    Calculation of arrears of pension  
   27B.    Certain decisions under section 27A reviewable under the Social Security Act  
   28.     Capacity to undertake remunerative work  
   29.     Approved Guide to the Assessment of Rates of Veterans' Pensions  

           Division 5--Rates of pensions payable to dependants of deceased veteran

   30.     Rates at which pensions are payable to dependants  

           Division 5A--Effect of certain compensation payments on rates of pension

   30A.    This Division does not apply to certain payments  
   30B.    Interpretation  
   30C.    Lump sum compensation payment  
   30D.    Periodic payment of compensation  
   30E.    Proceedings against third party  
   30F.    Failure to comply with Commission's request made under section 30E  
   30G.    Payment of damages by third party to Commonwealth  
   30H.    Payment of damages by third party where agreement, or an award against the person, to pay damages has been made  
   30I.    Debt due to the Commonwealth  
   30J.    Discharge of liability  
   30K.    Discharge of liability of Commonwealth to pay damages  
   30L.    Other payments of compensation  
   30M.    Commission may require a statutory declaration  
   30N.    Failure to comply with statutory declaration requirement  
   30P.    Overpayments of pension  

           Division 6--Reviews of pensions by Commission

   31.     Review by Commission  

           Division 7--Procedural

   32.     Commission may take evidence  
   33.     Withdrawal of claim or application  
   34.     Reasons for decisions to be given  

   PART III--SERVICE--PENSIONS

           Division 1--General features

   35.     Order and structure of Divisions  
   35A.    Eligibility for and payability of service pension  

           Division 2--Establishing qualifying service

              Subdivision A--Pathways to establishing qualifying service

   35B.    Pathways to establishing qualifying service  
   35BA.   Commission determination without the need for a claim  
   35C.    Who can claim?  
   35D.    Making a claim  
   35F.    Claim may be withdrawn  
   35FB.   Oral withdrawal of a claim  
   35FC.   Acknowledgment of oral withdrawal of a claim  
   35FD.   Reactivating the withdrawn claim  

              Subdivision B--Investigation of claim

   35G.    Secretary to investigate claim and submit it to Commission  

              Subdivision C--Consideration and determination of claim

   35H.    Duties of Commission in relation to claim  
   35J.    Determination of qualifying service to be proof of qualifying service  

           Division 3--Age service pension

              Subdivision A--Eligibility for and payability of age service pension

   36.     Eligibility for age service pension  
   36A.    Age service pension may not be payable in some circumstances  
   36B.    Age service pension generally not payable before claim  
   36C.    Restrictions on dual pensions  
   36CA.   Exclusion of certain participants in ABSTUDY Scheme  

              Subdivision B--Claim for age service pension

   36D.    Need for a claim  
   36E.    Who can claim?  
   36F.    Making a claim  
   36H.    Claimant must be Australian resident and in Australia  
   36J.    Claim may be withdrawn  
   36JB.   Oral withdrawal of a claim  
   36JC.   Acknowledgment of oral withdrawal of a claim  
   36JD.   Reactivating the withdrawn claim  
   36JE.   Secretary may require claimant or claimant's partner to take action to obtain a comparable foreign pension  

              Subdivision C--Investigation of claim

   36K.    Secretary to investigate claim and submit it to Commission  

              Subdivision D--Consideration and determination of claim

   36L.    Duties of Commission in relation to claim  
   36M.    Date of effect of determination  

              Subdivision E--Rate of age service pension

   36N.    How to work out the rate of a veteran's age service pension  

           Division 4--Invalidity service pension

              Subdivision A--Eligibility for and payability of invalidity service pension

   37.     Eligibility for invalidity service pension  
   37AA.   Commission must determine circumstances in which persons are permanently incapacitated for work  
   37AAA.  Continued eligibility for invalidity service pension if person undertaking a rehabilitation program etc.  
   37A.    Invalidity service pension may not be payable in some circumstances  
   37B.    Invalidity service pension generally not payable before claim  
   37C.    Restrictions on dual pensions  
   37CA.   Exclusion of certain participants in ABSTUDY Scheme  

              Subdivision B--Claim for invalidity service pension

   37D.    Need for a claim  
   37E.    Who can claim?  
   37F.    Making a claim  
   37H.    Claimant must be Australian resident and in Australia  
   37J.    Claim may be withdrawn  
   37JB.   Oral withdrawal of a claim  
   37JC.   Acknowledgment of oral withdrawal of a claim  
   37JD.   Reactivating the withdrawn claim  
   37JE.   Secretary may require claimant or claimant's partner to take action to obtain a comparable foreign pension  

              Subdivision C--Investigation of claim

   37K.    Secretary to investigate claim and submit it to Commission  

              Subdivision D--Consideration and determination of claim

   37L.    Duties of Commission in relation to claim  
   37M.    Date of effect of determination  

              Subdivision E--Rate of invalidity service pension

   37N.    How to work out the rate of a veteran's invalidity service pension  

           Division 5--Partner service pension

              Subdivision A--Eligibility for and payability of partner service pension

   38.     Eligibility for partner service pension  
   38AA.   Disclosure or use of personal information relevant to partner service pension eligibility  
   38A.    Partner service pension may not be payable in some circumstances  
   38B.    Partner service pension generally not payable before claim  
   38C.    Restrictions on dual pensions  
   38CA.   Exclusion of certain participants in ABSTUDY Scheme  

              Subdivision B--Claim for partner service pension

   38D.    Need for a claim  
   38E.    Who can claim?  
   38F.    Making a claim  
   38H.    Claimant must be Australian resident and in Australia  
   38J.    Claim may be withdrawn  
   38JB.   Oral withdrawal of a claim  
   38JC.   Acknowledgment of oral withdrawal of a claim  
   38JD.   Reactivating the withdrawn claim  
   38JE.   Secretary may require claimant or claimant's partner to take action to obtain a comparable foreign pension  

              Subdivision C--Investigation of claim

   38K.    Secretary to investigate claim and submit it to Commission  

              Subdivision D--Consideration and determination of claim

   38L.    Duties of Commission in relation to claim  
   38M.    Date of effect of determination  

              Subdivision E--Rate of partner service pension

   38N.    How to work out the rate of a person's partner service pension  

   PART IIIA--INCOME--SUPPORT SUPPLEMENT

           Division 1--Eligibility for and payability of income support supplement

   45A.    Eligibility for income support supplement  
   45B.    Income support supplement may not be payable in some circumstances  
   45C.    Income support supplement generally not payable before claim  
   45D.    Restrictions on dual pensions  
   45DA.   Exclusion of certain participants in ABSTUDY Scheme  
   45E.    Election to continue to receive social security pension  
   45F.    Claim for social security pension by war widower or war widow pending at commencement of Part  
   45G.    Review of decision rejecting a claim by war widower or war widow for social security pension pending at commencement of Part  
   45H.    Review of decision concerning rate of social security pension paid to war widower or war widow pending at commencement of Part  

           Division 2--Claim for income support supplement

   45I.    Need for a proper claim  
   45J.    Who can claim?  
   45K.    Making a claim  
   45M.    Claimant must be Australian resident and in Australia  
   45N.    Not necessary to make a claim in certain circumstances  
   45NA.   Claim may be withdrawn  
   45NC.   Oral withdrawal of a claim  
   45ND.   Acknowledgment of oral withdrawal of a claim  
   45NE.   Reactivating the withdrawn claim  
   45NF.   Secretary may require claimant or claimant's partner to take action to obtain a comparable foreign pension  

           Division 3--Investigation of claim

   45P.    Secretary to investigate claim and submit it to Commission  

           Division 4--Consideration and determination of claim

   45Q.    Duties of Commission in relation to claim  
   45QA.   Commission must determine circumstances in which persons are permanently incapacitated for work  
   45R.    Date of effect of determination  

           Division 5--Rate of income support supplement

   45S.    How to work out the rate of income support supplement  

   PART IIIAA--VETERAN--PAYMENT

   45SA.   Simplified outline  
   45SB.   Veteran payment  

   PART IIIAB--PENSION--BONUS

           Division 1--Introduction

   45T.    Simplified outline  
   45TA.   Definitions  
   45TB.   Special date of eligibility for a designated pension  

           Division 2--Qualification for pension bonus

   45TC.   Qualification for pension bonus  

           Division 3--Registration as a member of the pension bonus scheme

              Subdivision A--Membership of the pension bonus scheme

   45TD.   Application for registration  
   45TE.   Making an application  
   45TF.   Relevant information  
   45TH.   Timing of application and registration  
   45TI.   Registration  
   45TJ.   Duration of membership  
   45TK.   Cancellation of membership  
   45TL.   Application for registration is not to be treated as a claim  

              Subdivision B--Classification of membership of the pension bonus scheme

   45TM.   Accruing membership  
   45TN.   Non - accruing membership--preclusion periods  
   45TO.   Non - accruing membership--Commission's discretion  
   45TP.   Continuity of accruing membership is not broken by a period of non - accruing membership  
   45TQ.   Post - 70/75 membership  

           Division 4--Accrual of bonus periods

   45TR.   Accrual of bonus periods  

           Division 5--Passing the work test

              Subdivision A--The work test

   45TS.   Work test--full - year period  
   45TT.   Work test--part - year period  
   45TU.   Commission's discretion to treat gainful work outside Australia as gainful work in Australia  

              Subdivision B--Gainful work

   45TV.   Gainful work--basic rule  
   45TW.    Commission's discretion to treat activity as gainful work  
   45TX.   Irregular, infrequent and minor absences from a workplace count as gainful work  
   45TY.   Management of family financial investments does not count as gainful work  
   45TZ.   Domestic duties in relation to a person's place of residence do not count as gainful work  
   45U.    Evidentiary certificate  

              Subdivision C--Record-keeping requirements

   45UA.   Record - keeping requirements  

           Division 6--Amount of pension bonus

   45UB.   How to calculate the amount of pension bonus  
   45UC.   Qualifying bonus periods  
   45UD.   Overall qualifying period  
   45UE.   Pension multiple  
   45UF.   Annual pension rate  
   45UG.   Amount of pension bonus  
   45UH.   Annual notional single pension rate  
   45UI.   Annual notional partnered pension rate  
   45UIA.  Apportioned amount  
   45UIB.  Top up of pension bonus for increased rate of designated pension  
   45UIC.  Top up of pension bonus in specified circumstances  

           Division 7--Claim for pension bonus

   45UJ.   Need for a claim  
   45UK.   Proper claim  
   45UL.   Lodgment period for claim  
   45UM.   Withdrawal of claim  

           Division 8--Determination of claim

   45UN.   Secretary to investigate claim and submit it to Commission  
   45UO.   Commission to determine claim  
   45UP.   Grant of claim  

           Division 9--Payment of pension bonus

   45UQ.   Payment of pension bonus  
   45UR.   Payment of bonus after death  

           Division 10--Protection of pension bonus

   45US.   Pension bonus to be absolutely inalienable  

           Division 11--Preclusion periods

   45UT.   Disposal preclusion period--dispositions before 1 July 2002  
   45UTA.  Disposal preclusion period--dispositions on or after 1 July 2002  
   45UU.   Carer preclusion period  

           Division 11A--Pension bonus bereavement payment

   45UUA.  Qualification for pension bonus bereavement payment  
   45UUB.  Amount of pension bonus bereavement payment  
   45UUC.  Definition of PBBP employment income  
   45UUD.  Need for a claim for pension bonus bereavement payment  
   45UUE.  Proper claim  
   45UUF.  Lodgment period for claim  
   45UUG.  Withdrawal of claim  
   45UUH.  Secretary to investigate claim and submit it to Commission  
   45UUI.  Commission to determine claim  
   45UUJ.  Grant of claim  
   45UUK.  Payment of pension bonus bereavement payment  
   45UUL.  Payment of pension bonus bereavement payment after death  

           Division 12--Modification of this Part in relation to certain persons previously qualified for age pension under social security law

   45UV.   Persons to whom this Division applies  
   45UW.   Commission may request the provision of information  
   45UX.   Commission may determine whether periods occurring before becoming a war widow/war widower--pensioner are bonus periods under the social security law  
   45UY.   Modification of provisions of this Part in respect of persons to whom this Division applies  

   PART IIIB--PROVISIONS--APPLYING TO SERVICE PENSION, INCOME SUPPORT SUPPLEMENT AND VETERAN PAYMENT

           Division 1--Ordinary income concept

   46.     General meaning of ordinary income  
   46A.    Certain amounts taken to be received over 12 months  

           Division 1A--Work bonus

   46AA.   Income concession  
   46AB.   Meaning of employment income  
   46ABA.  Meaning of gainful work  
   46AC.   Unused concession balance  
   46AD.   No double income reductions under sections 46AA and 115G  

           Division 2--Business income

   46B.    Ordinary income from a business--treatment of trading stock  
   46C.    Permissible reductions of business income  

           Division 3--Income from financial assets (including income streams (short term) and certain income streams (long term))

   46D.    Deemed income from financial assets--persons other than members of couples  
   46E.    Deemed income from financial assets--members of a couple  
   46H.    Deeming threshold  
   46J.    Below threshold rate, above threshold rate  
   46K.    Actual return on financial assets not treated as ordinary income  
   46L.    Certain money and financial investments not taken into account  
   46M.    Valuation and revaluation of certain financial investments  

           Division 4--Income from income streams not covered by Division 3

              Subdivision B--Income streams that are not family law affected income streams

   46SA.   Scope of Subdivision  
   46T.    Income from asset - test exempt income stream  
   46U.    Income--income stream not a defined benefit income stream  
   46V.    Income--income stream is a defined benefit income stream  
   46VA.   Income from market - linked asset - test exempt income stream  
   46W.    Income from asset - tested income stream (long term)  
   46X.    Income--asset - tested income stream (long term) that is not a defined benefit income stream  
   46Y.    Income--asset - tested income stream (long term) that is a defined benefit income stream  
   46YA.   Income from certain low - payment asset - tested income streams  
   46YB.   Income--asset - tested income stream (lifetime)  

              Subdivision C--Family law affected income streams

   46Z.    Scope of Subdivision  
   46ZA.   Income from asset - test exempt income streams  
   46ZB.   Income from asset - tested income stream (long term)  
   46ZBA.  Income from asset - tested income stream (lifetime)  
   46ZC.   Decision - making principles  

           Division 6--Income tests--conversion of foreign currency amounts

   47.     Application of Division  
   47A.    Conversion of foreign currency amounts  
   47B.    Base exchange rate  
   47C.    Re - assessed exchange rate  
   47D.    Applicability of re - assessed exchange rate  
   47E.    Rounding off exchange rates  

           Division 7--Income tests--disposal of ordinary income

   48.     Disposal of ordinary income  
   48A.    Amount of disposition  
   48B.    Disposal of ordinary income--not a member of a couple  
   48C.    Disposal of ordinary income--members of couples  
   48E.    Dispositions more than 5 years old to be disregarded  

           Division 9--Self-employment programs

   50.     General effect of Division  
   50A.    Reduction in rate of payments under this Part if recipient or partner also receiving payments under a self - employment program  
   50B.    Rate reduction under this Division  

           Division 11--General provisions relating to the assets test

              Subdivision A--Value of person's assets

   52.     Certain assets to be disregarded in calculating the value of a person's assets  
   52AA.   Value of superannuation investments determined by Minister to be disregarded  
   52A.    Value of asset - tested income streams that are not defined benefit income streams, asset - tested income streams (lifetime) or family law affected income streams  
   52B.    Value of asset - tested income streams that are defined benefit income streams  
   52BAA.  Value of asset - tested income streams (lifetime) that are managed investments  
   52BAB.  Value of asset - tested income streams (lifetime) that are not managed investments  
   52BA.   Value of asset - tested FLA income streams  
   52BB.   Value of partially asset - test exempt income streams  
   52BC.   Value of superannuation reserves for superannuation funds of 4 members or less  
   52C.    Effect of charge or encumbrance on value of assets  
   52CA.   Effect of certain liabilities on value of assets used in primary production  
   52CB.   Value of life policy  
   52D.    Loans  

              Subdivision B--Dispositions of assets (general provisions)

   52E.    Disposal of assets  
   52F.    Amount of disposition  
   52FAAA. Application of asset deprivation rules to cease in respect of certain assets  

              Subdivision BA--Dispositions of assets before 1 July 2002

   52FAA.  Application  
   52FA.   Disposal of assets in pre - pension years--not a member of a couple  
   52G.    Disposal of assets in pension years--not a member of a couple  
   52GA.   Disposal of assets in pre - pension years--members of couples  
   52H.    Disposal of assets in pension years--members of couples  
   52J.    Dispositions more than 5 years old to be disregarded  

              Subdivision BB--Dispositions of assets on or after 1 July 2002

   52JA.   Disposition of assets in tax year--individuals  
   52JB.   Dispositions of assets in 5 year period--individuals  
   52JC.   Disposition of assets in tax year--members of couples  
   52JD.   Disposition of assets in 5 year period--members of couples  
   52JE.   Certain dispositions to be disregarded  

              Subdivision C--Provisions relating to special residences and special residents

   52KA.   Application of Subdivision to granny flat residents  
   52L.    Basis for different treatment  
   52M.    Entry contribution  
   52N.    Extra allowable amount  
   52P.    Renegotiation of retirement village agreement  
   52Q.    Residents who are not members of a couple  
   52R.    Members of couples  
   52S.    Members of illness separated couple (both in special residences)  
   52T.    Members of illness separated couple (partner not in special residence and partner property owner)  
   52U.    Members of illness separated couple (partner not in special residence and partner not property owner)  
   52V.    Members of ordinary couple with different principal homes (both in special residences)  
   52W.    Members of ordinary couple with different principal homes (partner not in special residence and partner property owner)  
   52X.    Members of ordinary couple with different principal homes (partner not in special residence and partner not property owner)  

              Subdivision D--Financial hardship

   52Y.    Access to financial hardship rules  
   52Z.     Application of financial hardship rules  

              Subdivision E--Pension loans scheme

   52ZAAA. Pension loans scheme definitions  
   52ZA.   Eligibility for participation in pension loans scheme  
   52ZB.   Effect of participation in pension loans scheme--pension rate  
   52ZBA.  Pension loans scheme advance payment  
   52ZC.   Effect of participation in pension loans scheme--creation of debt  
   52ZCA.  Effect of participation in pension loans scheme--maximum loan available  
   52ZD.   Need for a request to participate  
   52ZE.   Need for a request to later nominate or change nominated amount or rate of pension  
   52ZEAA. Need for a request for a pension loans scheme advance payment  
   52ZEA.  Non - receipt of service pension or income support supplement  
   52ZF.   Existence of debt results in charge over real assets  
   52ZG.   Debt not to be recovered until after death  
   52ZH.   Enforcement of charge  
   52ZJ.   Person ceases to participate in pension loans scheme if debt exceeds maximum loan available  
   52ZJA.  Commission may cease person's participation in pension loans scheme  
   52ZK.   Person withdraws from pension loans scheme  
   52ZKA.  Repayment or recovery of debt after pension loans scheme ceases to operate  
   52ZL.   Registration of charge  
   52ZM.   Manner of enforcement of charge  
   52ZMAA. No negative equity guarantee  

              Subdivision F--Commutation of asset-test exempt income stream

   52ZMA.  Debt resulting from commutation of asset - test exempt income stream contrary to subsection 5JA(2), 5JB(2) or 5JBA(2)  

           Division 11A--Means test treatment of private companies and private trusts

              Subdivision A--Introduction

   52ZN.   Simplified outline  
   52ZO.   Definitions  
   52ZP.   Relatives  
   52ZQ.   Associates  
   52ZR.   When a company is sufficiently influenced by an entity  
   52ZS.   Majority voting interest in a company  
   52ZT.   Entitled to acquire  
   52ZU.   Transfer of property or services  
   52ZV.   Constructive transfers of property or services to an entity  
   52ZW.   Active involvement with a primary production enterprise  
   52ZX.   Power to veto decisions of a trustee  
   52ZY.   Extra - territorial operation  
   52ZZ.   Application to things happening before commencement  

              Subdivision B--Designated private companies

   52ZZA.  Designated private companies  

              Subdivision C--Designated private trusts

   52ZZB.  Designated private trusts  

              Subdivision D--Controlled private companies

   52ZZC.  Controlled private companies  
   52ZZD.  Direct voting interest in a company  
   52ZZE.  Voting power  
   52ZZF.  Direct control interest in a company  
   52ZZG.  Interest in a share  

              Subdivision E--Controlled private trusts

   52ZZH.  Controlled private trusts  
   52ZZI.  Interest in a trust  

              Subdivision F--Attributable stakeholders and attribution percentages

   52ZZJ.  Attributable stakeholder, asset attribution percentage and income attribution percentage  

              Subdivision G--Attribution of income of controlled private companies and controlled private trusts

   52ZZK.  Attribution of income  
   52ZZL.  No double counting of attributed income  
   52ZZM.  Ordinary income of a company or trust  
   52ZZN.  Ordinary income from a business--treatment of trading stock  
   52ZZO.  Permissible reductions of business and investment income  
   52ZZP.  Derivation periods  
   52ZZQ.  Attribution periods  

              Subdivision H--Attribution of assets of controlled private companies and controlled private trusts

   52ZZR.  Attribution of assets  
   52ZZS.  When attributed asset is unrealisable  
   52ZZT.  Effect of charge or encumbrance on value of assets  
   52ZZU.  Effect of unsecured loan on value of assets  
   52ZZV.  Value of company's or trust's assets etc.  

              Subdivision I--Modification of asset deprivation rules

   52ZZW.   Individual disposes of asset to company or trust  
   52ZZX.  Disposal of asset by company or trust  
   52ZZY.  Individual ceases to be an attributable stakeholder of a company or trust  
   52ZZZ.  Individual disposes of asset to company or trust before 1 January 2002--individual is attributable stakeholder  
   52ZZZA. Individual disposes of asset to company or trust before 1 January 2002--individual's spouse is attributable stakeholder  

              Subdivision J--Modification of income deprivation rules

   52ZZZB.  Individual disposes of ordinary income to company or trust  
   52ZZZC. Disposal of income by company or trust  
   52ZZZD. Individual disposes of income to company or trust before 1 January 2002--individual is attributable stakeholder  
   52ZZZE. Individual disposes of income to company or trust before 1 January 2002--individual's spouse is attributable stakeholder  

              Subdivision K--Concessional primary production trusts

   52ZZZF. Concessional primary production trusts  
   52ZZZG. Individual ceases to be an attributable stakeholder of a trust--receipt of remuneration or other benefits from trust during asset deprivation period  
   52ZZZH. Net value of asset  
   52ZZZI. Value of entity's assets  
   52ZZZJ. When asset is controlled by an individual  
   52ZZZK. Adjusted net value of asset  
   52ZZZL. Adjusted net primary production income  
   52ZZZM. Net income of a primary production enterprise  
   52ZZZN. Net income from a primary production enterprise--treatment of trading stock  
   52ZZZO. Permissible reductions of income from carrying on a primary production enterprise  

              Subdivision L--Anti-avoidance

   52ZZZP. Anti - avoidance  

              Subdivision M--Decision-making principles

   52ZZZQ. Decision - making principles  

              Subdivision N--Information management

   52ZZZR. Transitional period  
   52ZZZS. Information - gathering powers  
   52ZZZT. Commission may obtain tax information  
   52ZZZU. Disclosure of tax information  
   52ZZZV. Disclosure of tax file number information  

           Division 11B--Private financial provision for certain people with disabilities

              Subdivision A--Special disability trusts

   52ZZZW. What is a special disability trust ?  
   52ZZZWA.Beneficiary requirements  
   52ZZZWB.Trust purpose requirements  
   52ZZZWC.Trust deed requirements  
   52ZZZWD.Trustee requirements  
   52ZZZWE.Trust property requirements  
   52ZZZWEA.Trust expenditure requirements  
   52ZZZWF.Reporting requirements  
   52ZZZWG.Audit requirements  
   52ZZZWH.Waiver of contravention of this Division  

              Subdivision B--Income of special disability trusts

   52ZZZWI.Attribution of income  
   52ZZZWJ.Income amounts from special disability trusts  

              Subdivision C--Assets of special disability trusts

   52ZZZWK.Attribution of assets  

              Subdivision D--Transfers to special disability trusts

   52ZZZWL.Effect of certain transfers to special disability trusts  
   52ZZZWM.The effect of exceeding the $500,000 limit  
   52ZZZWN.Transfers by the immediate family members prior to reaching pension age etc.  
   52ZZZWO.Transfers by principal beneficiaries or partners  
   52ZZZWP.Cessation of special disability trusts  
   52ZZZWQ.Effect of this Subdivision  

           Division 12--Service pensioner and income support supplement recipient benefits

              Subdivision A--Introduction

   53.     Fringe benefits and treatment at Departmental expense for certain service pensioners  

              Subdivision B--Fringe benefits

   53A.    Fringe benefits  
   53B.    Commission must determine continued fringe benefits eligibility circumstances  

              Subdivision C--Treatment at Departmental expense

   53D.    Eligibility for treatment at Departmental expense  
   53E.    Veterans to satisfy certain conditions  

           Division 12A--Payments after bereavement

              Subdivision A--Bereavement period

   53H.    Definition  

              Subdivision B--Death of pensioner's partner (where partner was receiving a pension or a social security pension)

   53J.    Application  
   53K.    What happens if pensioner's reassessed rate equals or exceeds combined pensioner couple rate  
   53L.    What happens if pensioner's reassessed rate is less than combined pensioner couple rate  
   53M.    Determination of amount of pension and social security pension  
   53N.    Transfer to another pension  
   53NAA.  Matters affecting bereavement payments under this Subdivision  
   53NA.   No liability of financial institution for certain payments to pensioner  

              Subdivision C--Death of pensioner

   53P.    Application  
   53Q.    Payment of one instalment  

              Subdivision D--Death of dependent child

   53R.    Application  
   53S.    When reassessed pension rate in respect of pensioner comes into effect  
   53T.    Bereavement payment  

           Division 13--Recipient obligations

   54.     Secretary may require notification of an event or change of circumstances  
   54A.    Secretary may require recipient to give information relevant to payment of service pension, income support supplement or veteran payment  
   54AA.   Secretary may require recipient to give information, produce documents or appear before an officer  
   54B.    Document served with a section 54 notice  
   54BA.   Secretary may require person or person's partner to take action to obtain a comparable foreign pension  
   54C.    Interpretation  

           Division 14--Pensioners in certain institutions

   55.     Service pension, income support supplement or veteran payment may be suspended or forfeited when person in gaol or in psychiatric confinement following criminal charge  
   55A.    Instalments may be redirected to partner or child  

           Division 15--Variation and termination

   56.     Automatic termination or rate reduction--recipient complying with section 54 notification obligations  
   56A.    Automatic termination--recipient not complying with section 54 notification obligations  
   56B.    Automatic rate reduction--recipient not complying with section 54 notification obligations  
   56C.    Rate increase determination  
   56D.    Rate reduction determination  
   56DA.   No rate increase or reduction for small amounts  
   56E.    Cancellation or suspension determination--general  
   56EA.   Cancellation or suspension determination for failure to comply with section 54A notice  
   56EB.   Cancellation or suspension for failure to take action to obtain a comparable foreign pension  
   56EC.   Cancellation determination where service pension, income support supplement or veteran payment not payable  
   56ED.   Suspension instead of automatic termination under section 56 or 56A  
   56EE.   Suspension instead of automatic termination under section 56 or 56A--partners  
   56F.    Resumption of a payment after suspension  
   56G.    Date of effect of favourable determination  
   56GA.   Date of effect of determination under section 56C--dependent child  
   56H.    Date of effect of adverse determination  
   56J.    Payment may be cancelled at recipient's request  
   56K.    Payment may be suspended if instalments not drawn  
   56L.    Commission may end suspension  
   56M.    Effect of cancellation or suspension  
   56N.    Changes to payments by computer  

           Division 16--Review of decisions

   57.     Persons who may seek review of certain decisions  
   57A.    Application for review  
   57B.    Commission's powers where request for review  
   57C.    Date of effect of certain review decisions  
   57D.    Commission must make written record of review decision and reasons  
   57E.    Person who requested review to be notified of decision  
   57F.    Powers of Commission to gather evidence  
   57G.    Withdrawal of request for review  
   57H.    Commission may reimburse certain expenses  

           Division 17--Administration of payments

              Subdivision A--General administration of payments

   58.     Application of Subdivision  
   58A.    Payment by instalments  
   58C.    Manner of payment  
   58D.    Agents  
   58E.    Pension payday falling on public holiday etc.  
   58F.    Payment into bank account etc.  
   58J.    Payments to Commissioner of Taxation or Child Support Registrar  

              Subdivision B--Payments outside Australia

   58K.    Age, invalidity and partner service pensions, income support supplement and veteran payment generally portable  
   58L.    Manner of payment outside Australia  
   58M.    No portability if claim based on short - term residence  
   58N.    Transfer to portable pension  

           Division 18--Indexation

              Subdivision A--Preliminary

   59.     Analysis of Division  
   59A.    Indexed and adjusted amounts  

              Subdivision B--CPI indexation

   59B.    CPI Indexation Table  
   59C.    Indexation of amounts  
   59D.    Indexation factor  
   59E.    Rounding off indexed amounts  
   59EAA.  Indexation using Pensioner and Beneficiary Living Cost Index  
   59EAB.  Living cost indexation factor  
   59EAC.  Rounding off amounts  
   59EA.   Certain indexed amounts to be increased in line with increases in Male Total Average Weekly Earnings  

              Subdivision C--Adjustment of other rates

   59G.    Adjustment of single pension rate MBR amount  
   59GA.   Adjustment of rent free area  
   59GB.   Adjustment of adjusted income free area  
   59H.    Adjustment of pension single non - property owner AVL  
   59J.    Adjustment of special illness separated special resident AVL  
   59LA.   Adjustment of ceiling rate  
   59LB.   Adjustment of veteran payment maximum basic rates  

   PART IIIC--COMPENSATION--RECOVERY

           Division 1--General

   59M.    General effect of Part  
   59N.    Certain lump sums to be treated as though they were received as periodic payments  
   59O.    Effect of certain State and Territory laws  

           Division 2--Enforcement of compensation rights

   59P.    Commission may require person to take action to obtain compensation  

           Division 3--Receipt of compensation

   59Q.    Pension etc. not payable during lump sum preclusion period  
   59QA.   Deemed lump sum payments arising from separate payments  
   59R.    Person may have to repay amount where both lump sum and pension have been received  
   59S.    Lump sum compensation not counted as ordinary income  
   59T.    Effect of periodic compensation payments on rate of person's compensation affected pension  
   59TA.   Effect of periodic compensation payments on rate of partner's compensation affected pension  
   59U.    Claim for compensation affected pension granted to person qualified for compensation affected payment under Social Security Act  
   59V.    Rate reduction under both income/assets test and this Part  
   59W.    Person may have to repay amount where both periodic compensation payments and pension have been received  
   59X.    Periodic compensation payments not counted as ordinary income  

           Division 4--Compensation payers

   59Y.    Commission may send preliminary notice to potential compensation payer  
   59Z.    Potential compensation payer must notify Department of liability  
   59ZA.   Commission may send recovery notice to compensation payer  
   59ZB.   Preliminary notice or recovery notice suspends liability to pay compensation  
   59ZC.   Compensation payer's payment to Commonwealth discharges liability to compensation recipient  
   59ZD.   Offence to make compensation payment after receiving preliminary notice or recovery notice  

           Division 5--Insurers

   59ZE.   Commission may send preliminary notice to insurer  
   59ZF.   Insurer must notify Department of liability  
   59ZG.   Commission may send recovery notice to insurer  
   59ZH.   Preliminary notice or recovery notice to insurer suspends both insurer's and compensation payer's liability  
   59ZI.   Insurer's payment to Commonwealth discharges liability  
   59ZJ.   Offence to make compensation payment after receiving preliminary notice or recovery notice  

           Division 6--Miscellaneous

   59ZK.   Commission may give recovery notice either to compensation payer or to insurer but not to both  
   59ZL.   Commission may disregard some payments  
   59ZM.   Part to bind Crown  

   PART IIID--QUARTERLY--PENSION SUPPLEMENT

   60.     When this Part applies  
   60A.    Quarterly pension supplement  
   60B.    Rate of quarterly pension supplement  
   60C.    Payment of quarterly pension supplement  

   PART IIIE--CLEAN--ENERGY PAYMENTS

           Division 2--Energy supplements

              Subdivision A--Energy supplements for pensions under Parts II and IV

   62A.    Energy supplement for veterans and members of Defence Force or Peacekeeping Force  
   62B.    Energy supplement for war widow/war widower pension  
   62C.    Disregard nil rate in certain circumstances  
   62D.    Electing for quarterly payment of energy supplement for pension under Part II or IV  

              Subdivision B--Quarterly energy supplement for service pension

   62E.    Quarterly energy supplement for service pension  

           Division 3--Essential medical equipment payment

              Subdivision A--Definitions

   63A.    Definitions  

              Subdivision B--Eligibility for essential medical equipment payment

   63B.    Eligibility for essential medical equipment payment  
   63C.    The medical needs requirement  
   63D.    The concession requirement  
   63E.    The energy account requirement  
   63F.    Availability of payments  
   63G.    Amount of payment  
   63H.    Debts arising in respect of essential medical equipment payments  

              Subdivision C--Claim for essential medical equipment payment

   63J.    Need for a claim  
   63K.    Special requirements regarding claims for essential medical equipment payment  
   63L.    Who can claim?  
   63M.    Making a claim  
   63N.    Claimant must be an Australian resident  
   63P.    Claim may be withdrawn  

              Subdivision D--Investigation of claim

   63Q.    Secretary to investigate claim and submit it to Commission  

              Subdivision E--Consideration and determination of claim

   63R.    Duties of Commission in relation to claim  
   63S.    Entitlement determination  
   63T.    Date of effect of determination  

           Division 4--Review of decisions

   64A.    Review of certain decisions  
   64B.    Application for review  
   64C.    Commission's powers where request for review  
   64D.    Date of effect of certain review decisions  
   64E.    Commission must make written record of review decision and reasons  
   64F.    Person who requested review to be notified of decision  
   64G.    Powers of Commission to gather evidence  
   64H.    Withdrawal of request for review  

           Division 5--Multiple entitlement exclusions

   65A.    Multiple entitlement exclusions  

   PART IIIF--ONE---OFF ENERGY ASSISTANCE PAYMENT

   66.     One - off energy assistance payment--this Act  
   67.     One - off energy assistance payment--MRCA  
   67A.    One - off energy assistance payment-- Safety, Rehabilitation and Compensation Act 1988  
   67B.    More than one entitlement  
   67C.    Claim not required for one - off energy assistance payment  
   67D.    Payment of one - off energy assistance payment  

   PART IIIG--2019--ONE-OFF ENERGY ASSISTANCE PAYMENT

   67E.    One - off energy assistance payment--this Act  
   67F.    One - off energy assistance payment--MRCA  
   67G.    One - off energy assistance payment-- Safety, Rehabilitation and Compensation (Defence - related Claims) Act 1988  
   67H.    More than one entitlement  
   67J.    Claim not required for one - off energy assistance payment  
   67K.    Payment of one - off energy assistance payment  

   PART IIIH--2020--ECONOMIC SUPPORT PAYMENT

           Division 1--First 2020 economic support payment

   67L.    First 2020 economic support payment  
   67M.    More than one entitlement  
   67N.    Claim not required for first 2020 economic support payment  
   67P.    Payment of first 2020 economic support payment  

           Division 2--Second 2020 economic support payment

   67Q.    Second 2020 economic support payment  
   67R.    More than one entitlement  
   67S.    Claim not required for second 2020 economic support payment  
   67T.    Payment of second 2020 economic support payment  

           Division 3--Eligibility

   67U.    Purpose of this Division  
   67V.    Payments under this Act  
   67W.    Veterans' Children Education Scheme  
   67X.    Seniors health card, gold card etc.  
   67Y.    MRCA  
   67Z.    Education scheme under MRCA  
   67ZA.   Safety, Rehabilitation and Compensation (Defence - related Claims) Act 1988  
   67ZB.   Residence requirement  

   PART IIIJ--ADDITIONAL--ECONOMIC SUPPORT PAYMENTS

           Division 1--Additional economic support payment 2020

   67ZC.   Additional economic support payment 2020  
   67ZD.   More than one entitlement  
   67ZE.   Claim not required for additional economic support payment 2020  
   67ZF.   Payment of additional economic support payment 2020  

           Division 2--Additional economic support payment 2021

   67ZG.   Additional economic support payment 2021  
   67ZH.   More than one entitlement  
   67ZI.   Claim not required for additional economic support payment 2021  
   67ZJ.   Payment of additional economic support payment 2021  

           Division 3--Eligibility

   67ZK.   Purpose of this Division  
   67ZL.   Payments under this Act  
   67ZM.   Seniors health card, gold card etc.  
   67ZN.   MRCA  
   67ZO.   Safety, Rehabilitation and Compensation (Defence - related Claims) Act 1988  

   PART IIIK--2022--COST OF LIVING PAYMENT

           Division 1--2022 cost of living payment

   67ZP.   2022 cost of living payment  
   67ZQ.   More than one entitlement  
   67ZR.   Claim not required for 2022 cost of living payment  
   67ZS.   Payment of 2022 cost of living payment  

           Division 2--Eligibility

   67ZT.   Purpose of this Division  
   67ZU.   Payments under this Act  
   67ZV.   Veterans' Children Education Scheme  
   67ZW.   Seniors health card, gold card etc.  
   67ZX.   MRCA  
   67ZY.   Education scheme under MRCA  
   67ZZ.   Safety, Rehabilitation and Compensation (Defence - related Claims) Act 1988  
   67ZZA.  Residence requirement  

   PART IV--PENSIONS--BY WAY OF COMPENSATION TO MEMBERS OF DEFENCE FORCE OR PEACEKEEPING FORCE AND THEIR DEPENDANTS

           Division 1--Interpretation

   68.     Interpretation  
   69.     Application of Part to members of the Forces  
   69A.    Application of Part to members of the Forces who render hazardous service  
   69B.    Application of Part to persons who rendered British nuclear test defence service  

           Division 2--Eligibility for pensions by way of compensation to members of Defence Force or Peacekeeping Force and their dependants

   70.     Eligibility for pensions by way of compensation to members of Defence Force or Peacekeeping Force and their dependants  
   70A.    Most defence - caused injuries, diseases and deaths of members of the Defence Force no longer covered by this Act  
   71.     Application of certain provisions of Part II  
   72.     Dual entitlement to pension  

           Division 3--Rates of pension

   73.     Application of Divisions 4 and 5 of Part II  

           Division 4--Pension and other compensation

   73A.    This Division does not apply to certain payments  
   74.     Payments by way of compensation or damages  
   75.     Proceedings against third party  
   76.     Payment of damages to Commonwealth  
   77.     Discharge of liability of Commonwealth to pay damages  
   78.     Other payments of compensation  
   79.     Overpayments of pension  

   PART IVA--ADVANCE--PAYMENTS OF PENSION AND INCOME SUPPORT SUPPLEMENT

           Division 1--General

   79A.    Definition  

           Division 2--Eligibility for advance payment

   79B.    Eligibility for advance payment  

           Division 3--Applying for advance payment

   79C.    Application  
   79D.    Who can apply  
   79E.    Making an application  
   79G.    Applicant must be Australian resident and in Australia  
   79H.    Application may be withdrawn  

           Division 4--Determination of application and payment of advance payment

   79I.    Commission to determine application  
   79J.    Payment of advance payment  

           Division 5--Amount of advance payment

   79K.    Amount of advance payment  

           Division 6--Advance payment deductions

   79L.    Advance payment deduction  
   79M.    Amount of advance payment deduction--basic calculation  
   79N.    Person may request larger advance payment deduction  
   79O.    Reduction of advance payment deduction in cases of severe financial hardship  
   79P.    The final advance payment deduction  
   79Q.    Payment rate insufficient to cover advance payment deduction  
   79R.    Rounding of amounts  
   79S.    Unrepaid advance payments to deceased partner to be disregarded  

           Division 7--Review by Commission

   79T.    Request for review  
   79U.    Commission's powers  
   79V.    Commission must make written record of review decision and reasons  
   79W.    Person who requested review to be notified of decision  
   79X.    Powers of Commission to gather evidence  
   79Y.    Withdrawal of request for review  

   PART V--MEDICAL--AND OTHER TREATMENT

   80.     Interpretation  
   81.     Application of Part V  
   84.     Provision of treatment  
   85.     Veterans eligible to be provided with treatment  
   85A.    Treatment under section 279 or 280 of the MRCA for aggravated injuries or diseases  
   85B.    Treatment under section 279 or 280 of the MRCA if a person is entitled to treatment under the VEA for a separate injury or disease  
   86.     Dependants eligible to be provided with treatment  
   88A.    Commission may determine specified veterans and others are eligible to be provided with specified treatment  
   88B.    Provision of services under the Veteran Suicide Prevention pilot  
   89.     Treatment at hospitals and other institutions  
   90.     Treatment Principles  
   90AA.   Provision of services under the Coordinated Veterans' Care mental health pilot  
   90A.    Repatriation Private Patient Principles  
   90B.    Application of Repatriation Private Patient Principles  
   91.     Repatriation Pharmaceutical Benefits Scheme  
   92.     Counselling services and psychiatric assessment  
   93.     Recovery of cost of treatment  
   93A.    Charges payable to Commonwealth  
   93B.    False statements relating to treatment  
   93C.    Knowingly making false statements relating to treatment  
   93D.    Bribery etc.  
   93E.    Prohibited practices in relation to the rendering of pathology services  
   93F.    Offences against 2 or more provisions  
   93G.    Statements inadmissible in evidence  
   93H.    Recovery of amounts paid because of false statements  
   93J.    Prosecution of offences  

   PART VA--EXTENSION--OF REPATRIATION PHARMACEUTICAL BENEFITS SCHEME

           Division 1--Definitions

   93K.    Definitions  

           Division 2--Pharmaceutical benefits may be obtained

   93L.    Certain veterans and mariners may obtain pharmaceutical benefits  

           Division 3--Eligibility for, and entitlement to, pharmaceutical benefits card

              Subdivision A--Eligibility

   93M.    Who is eligible?  

              Subdivision B--Entitlement

   93N.    Entitlement to a pharmaceutical benefits card under this Part  

           Division 4--Claim for pharmaceutical benefits card under this Part

   93P.    Need for a claim  
   93Q.    Who can claim?  
   93R.    Making a claim  
   93T.    Claimant must be an Australian resident and in Australia  
   93U.    Claim may be withdrawn  

           Division 5--Investigation of claim

   93V.    Secretary to investigate claim and submit it to Commission  

           Division 6--Consideration and determination of claim

   93W.    Duties of Commission in relation to claim  
   93X.    Entitlement determination  
   93Y.    Date of effect of determination  

           Division 7--Review of decisions

   93Z.    Review of certain decisions  
   93ZA.   Application for review  
   93ZB.   Commission's powers where request for review  
   93ZC.   Date of effect of certain review decisions  
   93ZD.   Commission must make written record of review decision and reasons  
   93ZE.   Person who requested review to be notified of decision  
   93ZF.   Powers of Commission to gather evidence  
   93ZG.   Withdrawal of request for review  

   PART VI--ALLOWANCES--AND OTHER BENEFITS

           Division 1--Preliminary

   94.     Interpretation  
   96.     Application  

           Division 2--Eligibility for allowances and other benefits

   97.     Clothing allowance  
   98.     Attendant allowance  
   98A.    Bereavement payment in respect of partnered veterans receiving pensions by way of compensation  
   98AA.   Bereavement payments in respect of certain single veterans receiving pensions by way of compensation  
   98B.    Funeral benefits--automatic grant to estate of certain deceased veterans  
   99.     Further funeral benefits--veterans  
   100.    Funeral benefits--dependants of deceased veterans  
   102.    Decoration allowance  
   103.    Victoria Cross allowance  
   104.    Recreation transport allowance  
   105.    Vehicle Assistance Scheme  
   106.    Special assistance  
   108.    Loss of earnings allowance  
   109.    Advances on account of loss of earnings allowance  
   110.    Travelling expenses  

           Division 3--Procedural

   111.    Application  
   112.    Time for applying for certain benefits  
   113.    Time for applying for funeral benefit  
   114.    Commencement of payment of certain allowances  
   115.    Review of decision etc.  

   PART VIA--REHABILITATION

           Division 1--Preliminary

   115A.   Definitions  
   115B.   Veterans' Vocational Rehabilitation Scheme  

           Division 2--Provisions relating to the income of veterans who participate in vocational rehabilitation programs

   115C.   Rate of pension while on program  
   115D.   Reduced daily pension amount--pensions under Parts II and IV  
   115E.   Application for increase in reduced daily pension amount  
   115F.   Determination by the Commission  
   115G.   Excluded income amount--invalidity service pensions  

           Division 3--Recovery of cost of rehabilitation

   115H.   Recovery of cost of rehabilitation  
   115J.   Where a person receives a notice under subsection 115H(6)  
   115K.   Recovery of amount by the Commonwealth  
   115L.   Determination of amount of costs of rehabilitation programs  

   PART VIB--PRISONER--OF WAR RECOGNITION SUPPLEMENT

           Division 1--Eligibility for prisoner of war recognition supplement

   115M.   Eligibility for prisoner of war recognition supplement  
   115N.   When prisoner of war recognition supplement is payable  

           Division 2--Rate of prisoner of war recognition supplement

   115P.   Rate of prisoner of war recognition supplement  

           Division 3--Claims for prisoner of war recognition supplement

   115Q.   Making of claims  
   115R.   Determination of claims  

   PART VIC--ACUTE--SUPPORT

   115S.   Acute support package  

   PART VII--VETERANS----CHILDREN EDUCATION SCHEME

   116.    Interpretation  
   116A.   Determination of class of persons for the purposes of paragraph (e) of the definition of eligible child in subsection 116(1)  
   116B.   Eligible child of a veteran--person may apply for determination under subsection 116C(2)  
   116C.   Eligible child of a veteran--Commission may determine that a person is a member of a class under section 116A  
   116CA.  Determination of class of persons for the purposes of the definition of eligible grandchild of a Vietnam veteran in subsection 116(1)  
   116CB.  Eligible grandchild of a Vietnam veteran--person may apply for determination under subsection 116CC(2)  
   116CC.  Eligible grandchild of a Vietnam veteran--Commission may determine that a person is a member of a class under section 116CA  
   116D.   Review of Commission's decisions  
   117.    Veterans' Children Education Scheme  
   118.    Commission may provide benefits under Veterans' Children Education Scheme  

   PART VIIAA--EDUCATION--ENTRY PAYMENT

   118AA.  Eligibility  
   118AAB. Need for a claim  
   118AAC. Entitlement to and amount of payment  
   118AAD. Payment to be refunded  

   PART VIIA--VETERANS--SUPPLEMENT

           Division 1--Eligibility for veterans supplement

   118A.   Veterans supplement for dependants of deceased veterans or for persons eligible for pharmaceutical benefits  
   118B.   Veterans supplement for certain Part II and Part IV pensioners or for World War 1 veterans  

           Division 2--Rate of veterans supplement

   118C.   Rate of veterans supplement--section 118A  
   118D.   Rate of veterans supplement--section 118B  

   PART VIIAD--ENERGY--SUPPLEMENT

           Division 1--Eligibility

   118P.   Eligibility for energy supplement  
   118PA.  When energy supplement is payable  

           Division 2--Rate of energy supplement

   118PB.  Rate of energy supplement  

           Division 3--Payment of energy supplement

   118PC.  Payment of energy supplement  

   PART VIIC--SENIORS--HEALTH CARD

           Division 1--Eligibility for and entitlement to a seniors health card

              Subdivision A--Eligibility

   118V.   Eligibility for seniors health card  

              Subdivision B--Entitlement

   118W.   Entitlement to a seniors health card  
   118X.   Social Security cardholder not entitled  

              Subdivision C--Modifications of provisions in this Division

   118XA.  Modifications if person's rate of service pension or income support supplement is nil on 1 January 2017  
   118XB.  Other modifications because of social security law  

           Division 2--Claim for seniors health card

   118Y.   Need for a claim  
   118Z.   Who can claim?  
   118ZA.  Making a claim  
   118ZC.  Claimant must be an Australian resident and in Australia  
   118ZD.  Claim may be withdrawn  

           Division 3--Investigation of claim

   118ZE.  Secretary to investigate claim and submit it to Commission  

           Division 4--Consideration and determination of claim

   118ZF.  Duties of Commission in relation to claim  
   118ZG.  Entitlement determination  
   118ZH.  Date of effect of determination  

           Division 5--Cardholder's obligations

   118ZI.  Secretary may require notice of the happening of event or a change in circumstances  
   118ZJ.  Secretary may require particular information relevant to eligibility for seniors health card  
   118ZJA. When copy of notice of assessment of taxable income to be given to Department  

           Division 6--Continuation, variation and termination

   118ZK.  Continuing effect of determination  
   118ZL.  Person ceases to be entitled to card automatically--recipient complying with section 118ZI notification obligations  
   118ZM.  Person ceases to be entitled to card automatically--recipient not complying with section 118ZI notification obligations  
   118ZN.  Determination that a person ceases to be entitled to a seniors health card  
   118ZO.  Person may cease to be entitled to a seniors health card for failure to comply with section 118ZJ notice  
   118ZP.  Resumption of entitlement  
   118ZQ.  Date of effect of favourable determination  
   118ZR.  Date of effect of adverse determination  

           Division 7--Review of decisions

   118ZS.  Review of certain decisions  
   118ZT.  Application for review  
   118ZU.  Commission's powers where request for review  
   118ZV.  Date of effect of certain review decisions  
   118ZW.  Commission must make written record of review decision and reasons  
   118ZX.  Person who requested review to be notified of decision  
   118ZY.  Powers of Commission to gather evidence  
   118ZZ.  Withdrawal of request for review  

           Division 8--Seniors Health Card Income Test Calculator

   118ZZA. Seniors Health Card Income Test Calculator  

   PART VIII--GENERAL--PROVISIONS APPLICABLE TO PENSIONS ETC.

   119.    Commission not bound by technicalities  
   120.    Standard of proof  
   120A.   Reasonableness of hypothesis to be assessed by reference to Statement of Principles  
   120B.   Reasonable satisfaction to be assessed in certain cases by reference to Statement of Principles  
   121.    Instalments of pension  
   122.    Payment of pension  
   122A.   Pension or supplement may be paid to bank etc.  
   122AA.  Use and disclosure of account details  
   122B.   Direct deductions at person's request  
   122C.   Payment of pension or allowance outside Australia  
   123.    Interpretation  
   123A.   Payment of pension etc. on death of person  
   123B.   Distribution where deceased leaves valid will  
   123C.   Intestacy  
   123D.   Statutory order of distribution  
   123E.   Non - distributable amounts  
   124.    Termination of pension  
   125.    Pensions etc. absolutely inalienable  
   126.    Death of claimant etc.  
   126A.   Death of a person who has not made a formal claim etc.  
   127.    Power to obtain information  
   128.    Secretary may obtain information etc.  
   128A.   Provision of tax file numbers  
   129.    Self - incrimination  
   129A.   Manner of giving notice or other document  
   130.    Furnishing of information  
   131.    Interpretation  
   132.    Payment of travelling expenses in certain cases  
   132A.   Advance of travelling expenses  

   PART IX--VETERANS----REVIEW BOARD

           Division 1--Preliminary

   133.    Interpretation  
   133A.   Board's objective  

           Division 2--Continuance of Veterans' Review Board

   134.    Continuance of Veterans' Review Board  

           Division 3--Review by the Board of decisions

   135.    Review of decisions in respect of pensions and attendant allowances  
   135A.   Review of decisions relating to acute support packages  
   136.    Application for review  
   137.    Secretary to prepare report  
   137A.   Ongoing requirement for lodging material documents with Board  
   138.    Board not bound by technicalities etc.  
   138A.   Board may remit matters to Commission for further consideration  
   139.    Decision of Board  
   140.    Board to give notice of decision and reasons to parties  
   140A.   Correction of errors in decisions or statements of reasons  

           Division 4--Organization of the Board

   141.    Constitution of Board for exercise of powers  
   141A.   Management of administrative affairs of Board  
   142.    Arrangement of business of Board  
   143.    Members to constitute Board  
   144.    Member ceasing to be member etc.  

           Division 4A--Alternative dispute resolution processes

   145A.   Referral of review for alternative dispute resolution process  
   145B.   Directions by Principal Member  
   145C.   Agreement about the terms of a decision etc.  
   145D.   Evidence not admissible  
   145E.   Eligibility of person conducting alternative dispute resolution process to sit as a member of the Board  
   145F.   Participation by telephone etc.  
   145G.   Engagement of persons to conduct alternative dispute resolution processes  

           Division 5--Proceedings before the Board

   146.    Principal Member or Senior Member to preside at hearing  
   147.    Parties to review before Board  
   148.    Procedure of Board  
   149.    Questions to be decided by majority of Board  
   150.    Hearing to be in private except in special circumstances  
   151.    Powers of Board  
   152.    Request to Secretary for documents etc.  
   153.    Information may be made available to parties  
   154.    Period of operation of certain decisions of Board  
   155.    Dismissal of applications  
   155A.   Review by Administrative Appeals Tribunal  

           Division 6--Date of operation of decisions of Board

   156.    Date of operation of decision by Board  
   157.    Dates that may be specified  

           Division 7--Membership of the Board

   158.    Appointment of members of Board  
   159.    Terms of appointment  
   160.    Remuneration and allowances of members  
   161.    Acting members  
   162.    Leave of absence  
   163.    Resignation  
   164.    Removal from office  
   165.    Disclosure of interests  

           Division 8--Miscellaneous

   166.    Delegation  
   167.    Immunity  
   168.    Failure of witness to attend  
   169.    Refusal to be sworn or to answer questions etc.  
   170.    Contempt of Board  
   170A.   Medical expenses  
   170B.   Travelling expenses for obtaining medical evidence  
   170C.   Advance of travelling expenses  
   171.    Fees for witnesses  
   172.    Staff to assist Board  
   173.    Oath or affirmation of office  

   PART X--REVIEW--OF DECISIONS BY ADMINISTRATIVE APPEALS TRIBUNAL

   174.    Interpretation  
   175.    Applications for review  
   176.    Application of Administrative Appeals Tribunal Act  
   177.    Effective dates of certain determinations relating to payment of pension or seniors health card  
   178.    Period of operation of certain decisions of Administrative Appeals Tribunal  

   PART XI--THE--REPATRIATION COMMISSION

           Division 1--Establishment, functions and powers

   179.    Continuance of Commission  
   179A.   Application of the Public Governance, Performance and Accountability Act 2013 to the Commission  
   180.    Functions of Commission  
   180A.   Determination by Commission  
   181.    Powers of Commission  

           Division 2--Constitution and meetings of Commission

   182.    Membership of the Commission  
   183.    President and Deputy President  
   184.    Appointment of Secretary as a Commissioner and President  
   185.    Remuneration and allowances  
   186.    Leave of absence  
   187.    Resignation  
   188.    Termination of appointment  
   189.    Commissioner to disclose any interest in claims for pensions etc.  
   191.    Acting commissioners  
   192.    Acting President or Deputy President  
   193.    Appointment to act as President and also Secretary  
   194.    Appointments  
   195.    Meetings  

           Division 3--Staff

   196.    Staff  

   PART XIA--THE--REPATRIATION MEDICAL AUTHORITY

           Division 1--Establishment, functions and powers

   196A.   Establishment of Authority  
   196AA.  Application of the Public Governance, Performance and Accountability Act 2013 to the Authority  
   196B.   Functions of Authority  
   196C.   Powers of Authority with respect to investigations  
   196CA.  Authority not required to investigate certain requests  
   196CB.  Authority may consolidate requests  
   196E.   Request for an investigation, review etc.  
   196F.   Submissions to the Authority  
   196G.   Notice of investigation  
   196H.   Copyright in submissions  
   196I.   Access to information  
   196J.   Notice of decision not to make etc. Statement of Principles  
   196K.   Repatriation Medical Authority to send information to Review Council  
   196KA.  Definitions for the purposes of the MRCA  

           Division 2--Constitution and meetings

   196L.   Membership  
   196M.   Qualifications  
   196N.   Tenure of office  
   196O.   Resignation  
   196P.   Termination of appointment  
   196Q.   Acting Chairperson  
   196R.   Meetings  
   196S.   Remuneration and allowances  

           Division 3--Staff and consultants

   196T.   Staff  
   196U.   Consultants  

           Division 4--Annual report

   196UA.  Annual report  

   PART XIB--THE--SPECIALIST MEDICAL REVIEW COUNCIL

           Division 1--Establishment and functions

   196V.   Establishment of Specialist Medical Review Council  
   196VA.  Application of the Public Governance, Performance and Accountability Act 2013 to the Review Council  
   196W.   Functions of Review Council  
   196X.   Notification of decision of Review Council to be notified in Gazette  
   196Y.   Request for review of contents of Statement of Principles etc.  
   196Z.   Request for review of decision of Repatriation Medical Authority not to carry out an investigation  
   196ZA.  Submissions to Review Council  
   196ZB.  Notice of investigation  
   196ZC.  Copyright in submissions  
   196ZD.  Access to information  

           Division 2--Constitution and meetings

   196ZE.  Membership  
   196ZF.  Qualifications  
   196ZG.  Tenure of office  
   196ZH.  Resignation  
   196ZI.  Termination of appointment  
   196ZJ.  Acting Convener  
   196ZK.  Conduct of reviews  
   196ZL.  Remuneration and allowances  

           Division 3--Staff

   196ZM.  Staff  

           Division 4--Payment of medical and travelling expenses

   196ZN.  Medical expenses  
   196ZO.  Travelling expenses for obtaining medical evidence  
   196ZP.  Advance of travelling expenses for obtaining medical evidence  
   196ZQ.  Travelling expenses for making oral submissions  

           Division 5--Lodgement of requests and applications

   196ZR.  Lodgement of requests and applications  

   PART XII--MISCELLANEOUS

   197A.   Saving and transitional provisions  
   197.    Pensions etc. not for certain members of the Defence Force  
   198.    Variation of rates of certain pensions  
   198A.   Variation of rates of orphan's pension  
   198D.   Variation of rates of certain allowances etc.  
   198E.   Variation of amount of essential medical equipment payment  
   198F.   Indexation of veterans supplement  
   198FA.  Indexation of Victoria Cross allowance  
   198FAA. Indexation of seniors health card income limit  
   198FB.  Rates for service pension and income support supplement increased on 20 September 2009  
   198G.   1 July 2000 increase in certain amounts  
   198GA.  1 July 2000 increase in rent assistance amounts  
   198H.   Adjustment of amounts following 1 July 2000 increase  
   198J.   1 July 2000 increase in income test free area  
   198K.   1 July 2000 increase in assets test free area  
   198L.   1 July 2000 increase in income/assets reduction limit  
   198M.   Rounding off provisional replacement amounts  
   198MA.  Adjustment of indexation factor under section 59D for limited time on and after 20 March 2013 for certain purposes  
   198MB.  Adjustment of living cost indexation factor for limited time on and after 20 March 2013 for certain purposes  
   198N.   Cancellation of entitlement to pension  
   199.    Appropriation  
   200.    Commission may accept contributions  
   201.    Commission may administer trusts  
   202.    Appointment of trustees  
   202A.   Commission or public servant acting as trustee  
   202B.   Other person acting as trustee  
   203.    International arrangements  
   204.    Debt recovery relating to payment of comparable foreign pension  
   205.    Recovery of overpayments  
   205AAA. Notices in respect of debt  
   205AAB. Interest on debt  
   205AAC. Determination that interest not to be payable  
   205AAD. Administrative charge  
   205AAE. Penalty interest rate  
   205AA.  Recovery of overpayment by deduction from other pension, benefit or allowance  
   205AB.  Recovery of certain amounts from financial institutions  
   205A.   Commission may take action in relation to money owing to pensioners  
   205B.   Certain decisions of Commission reviewable under Social Security Act etc.  
   206.    Waiver etc. of debts  
   208.    Offences  
   209.    Multiple offences  
   210.    Judicial notice to be taken of certain matters  
   210A.   Evidence  
   211.    Order for repayment of pension etc.  
   212.    Delegation by Minister  
   213.    Delegation by Commission  
   214.    Delegation by Secretary  
   214A.   Telephone access to offices at cheap rate  
   215.    Annual report  
   216.    Regulations  
           SCHEDULE 1 Repealed Acts
           SCHEDULE 2 Operational areas
           SCHEDULE 2A Classes of permanent visas
           SCHEDULE 3 Peacekeeping forces
           SCHEDULE 4 Oath and affirmation
           SCHEDULE 5 Savings and transitional provisions
           SCHEDULE 6 Calculation of rates of service pension, income support supplement and veteran payment


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