Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]


VETERANS' ENTITLEMENTS REGULATIONS (AMENDMENT) 1997 NO. 372

EXPLANATORY STATEMENT

Statutory Rules 1997 No. 372

Issued by the Authority of the Minister for Veterans' Affairs

Veterans' Entitlements Act 1986

Veterans' Entitlements Regulations (Amendment)

Section 216 of the Veterans' Entitlements Act 1986 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act.

Section 110 of the Act provides for the payment of travel expenses where a veteran or dependant of a deceased veteran travels in connection with treatment, restoration of health or fitting with surgical aids or appliances.

Section 132 provides for the payment of travel expenses to a claimant for a pension, or a person likely to be affected by a review, who is requested to attend for a discussion about the claim or for medical examination.

Section 170B of the Act allows applicants to the Veterans' Review Board (VRB) to be reimbursed for travelling expenses where the travel is undertaken for the purposes of obtaining relevant documentary evidence to be submitted to the VRB,

Sections 110, 132 and 170B require regulations to operate as they entitle the applicant to the travelling expenses "that are prescribed".

Regulation 9 of the Veterans' Entitlements Regulations prescribes the rates for travelling expenses payable under sections 110 and 132 of the Act but not under section 170B.

The amendments to Regulation 9 are designed to simplify the administration of existing transport entitlements (travelling expenses) and to provide for payment of travelling expenses under section 170B.

A summary of the proposed amendments is as follows:

*       where an overnight stay is involved, meal and accommodation entitlements are amalgamated thereby giving veterans flexability on how they wish to apportion their money between the meals and accommodation components of travel (subregulation 9(12));

*       the kilometre allowance rate is increased from 19.7 cents per km to 21 cents. A flat kilometre rate is now payable for transport where a private motor vehicle or. public transport is used (subregulation 9(11));

*       greater flexability is introduced regarding the requirement for travel to be undertaken to the nearest suitable provider for purposes provided by section 110 of the Act. An automated payment system to be introduced early in 1998 will automatically pay for round trips up to 100km. Travel beyond that distance requires the health practitioner's certification that he or she was the nearest suitable provider. To ensure that veterans use the nearest suitable provider where the round trip is less than 100km, there is provision for the Repatriation Commission to pay a lesser amount where veterans, without just cause, travel to a provider who is not the nearest suitable provider available (subregulations 9(6) - 9(8));

*        increases in rates of allowance are achieved through automatic indexation. This removes the need to alter the regulations to increase rates and ensures that the rates keep pace with increases in costs (regulations 9AA and 9AB);

*        a capital city rate is introduced in recognition of the higher accommodation costs and an allowance for parking fees is also introduced (subregulation 9(12) and regulations 9(4A) and 9(4B));

*       attendants who accompany a veteran will now receive an increased entitlement for travel where they accompany a veteran to a health facility and either return home before collecting the veteran from the facility or stay on in the city or town where the treatment is provided and then accompany the veteran home (subregulations 9(16) (18));

*       a new entitlement is also introduced for veterans staying with relatives to enable a contribution to be made towards meals (subregulation 9(12)); and

*       while disputes concerning the application of the regulations are rare, the amendments now have provisions to provide a right of review (regulations 9AH-9AL).

Details of each of the amending regulations to the Veterans' Entitlements Regulations are in the Attachment. The Regulations commence on the 1 January 1998.

ATTACHMENT

Veterans' Entitlements Regulations (Amendment)

Regulation 1

Regulation 1 of the amending regulations states that the Veterans' Entitlements Regulations are amended as set out in the amending regulations.

Regulation 2

Regulation 2 provides for the amending regulations to commence on 1 January 1998.

Regulation 3

Regulation 3 of the amending regulations sets out various amendments to existing Regulation 9.

Subregulation 3.1 amends subregulations 9(1) and (2) to include reference to section 170B so as to ensure that travel to the Veterans' Review Board is encompassed within Regulation 9.

Subregulation 3.2 amends subregulation 9(1) to include various new definitions.

Subregulation 3.3 amends subregulation 9(2) to include reference to new regulations 9AD and 9AE.

Subregulation 3.4 amends subregulation 9(3) to include reference to the new subregulation 9(4A) and regulation 9AD.

Subregulation 3.5 amends subregulation 9(4) by making it subject to regulation 9AD, as under this regulation no calculation is made.

Subregulation 3.6 inserts the following new provisions after subregulation 9(4) concerning parking fee allowances:

New subregulation 9(4A) provides that entitled persons who incur parking fees which exceed $50 in a prescribed period for any of the purposes referred to in sections 110, 132 and 170B of the Act, are eligible to receive a payment equal to the amount by which those fees exceed $50 in the prescribed period.

New subregulation 9(4B) sets out the definition of 'prescribed period'.

Subregulation 3.7 omits existing subregulations; 9(6),(7),(8),(9), (10), (11) and (12) and replaces them with the following:

New subregulation 9(6) inserts new provisions regarding the nearest suitable provider arrangements for the purposes of section 110.

Paragraph 9(6)(a) provides that if an entitled person travels to a treatment location which is more than 50 km (one way) from the entitled person's home and the person's application for travelling expenses includes a certificate from a health practitioner that he or she was the nearest suitable provider, then the relevant distance for the purposes of calculating the travelling expenses is to be the distance travelled.

Paragraph 9(6)(b) provides that if an entitled person travels to a treatment location which is more than 50km (one way) from the person's residence and the person's application for travelling expenses does not include a certificate from a health practitioner that he or she was the nearest suitable provider, then the travelling expenses payable are to be based on the entitlement that the entitled person would have received if he/she had travelled 50 km from home to receive the treatment.

Paragraph 9(6)(c) provides that if the distance for travel by an entitled person from his or her residence to the treatment location is 50 km or less, then the relevant distance is the actual distance travelled.

New subregulation 9(7) sets out the criteria to be satisfied regarding the nearest suitable provider arrangements.

New subregulation 9(8) provides that for the purposes of paragraph 9(6)(c), if the Commission is satisfied that another suitable treatment location was closer to the entitled person's residence, then the relevant distance is the actual distance from the person's residence to that treatment location.

New subregulation 9(9) provides that for the purposes of section 132 the relevant distance for travel would be the distance that in all circumstances is reasonable.

New subregulation 9(10) provides that for the purposes of section 170B, the relevant distance is the most direct practicable route from the entitled person's residence to the place attended by that person to obtain relevant documentary medical evidence.

New subregulation 9(11) sets out a new rate of payment for the distance travelled. It provides that a rate of 21 cents per kilometre is to apply for travel in a private car or by public transport. The rate of 21c per km will be paid over the most direct route regardless of the mode of transport used.

New subregulation 9(12) sets out the amounts payable for accommodation and meals, where an entitled person is required to stay overnight.

New subregulation 9(13) sets out the amount payable where an entitled person and attendant share commercial accommodation for a night.

New subregulation 9(14) provides that where an entitled person stays in either commercial or subsidised accommodation, proof of that expenditure must be provided for before payment will be made.

New subregulation 9(15) sets out the amount payable for meals where no overnight accommodation is required.

New subregulations 9(16), (17) and (18) deal with the situation where an attendant accompanies an entitled person to a hospital or other institution to which he or she is admitted.

New subregulations 9(16) and (17) set out the amount to be payable to an attendant who accompanies an entitled person to hospital, but does not stay overnight, and returns to his or her residence when the person is admitted and returns to the hospital on the person's discharge.

New subregulation 9(18) sets out the amount payable to an attendant who stays in commercial accommodation while the entitled person is in hospital.

Examples are also included to illustrate how to calculate travelling expenses in different situations.

Regulation 4

Subregulation 4.1 of the amending regulations inserts new regulations 9AA, 9AB, 9AC, 9AD, 9AE, 9AF, 9AG, 9AH, 9AI, 9AJ, 9AK, 9AL, 9AM and 9AN.

New regulations 9AA and 9AB set out the mechanism for reviewing the rates for travelling expenses.

Regulation 9AA provides that the rates payable under regulation 9 will be indexed annually in accordance with the CPI.

Regulation 9AB sets out the method for calculating the increase in the rates.

New regulations 9AC - 9AF deal with travelling expenses under section 170B of the Act.

Regulation 9AC is an interpretative clause and inserts various definitions.

Regulation 9AD deals with travelling expenses that are incurred up to $500 and provides that if a claim not exceeding $500 is submitted with written evidence of the travelling expenses attached, it is to be paid as claimed.

Regulation 9AE deals with travelling expenses that are incurred over $500.

Subregulation 9AE(1) provides that an application is to be accompanied by written evidence of travelling expenses.

Subregulation 9AE(2) enables the calculation of the amount that is paid where the travelling expenses incurred are over $500.

Subregulation 9AE(3) provides that the Repatriation Commission (the Commission) must notify an entitled person of its decision as soon as is practicable after the Commission receives that person's application.

Regulation 9AF provides that if, within a certain period, an entitled person, having completed his or her travel, fails to provide the Commission, when requested, written evidence of the travelling expenses, the Commission has the discretion to refuse to authorise the payment of travelling expenses or to recover an amount that has been paid in advance.

New regulations 9AG-9AL set out review provisions for decisions that are made under regulations 9, 9AD or 9AE.

Regulation 9AG provides for the Commission to reconsider decisions where it is satisfied that information given by an applicant was false or misleading in a relevant detail and could in these circumstances request the entitled person to repay to the Commonwealth, the amount of travelling expenses paid.

Regulation 9AH provides that where the applicant is dissatisfied with a decision, that decision is to be internally reviewable by the Commission. A request for review is to be made within three months of the person seeking review being notified of the decision. The request will also have to set out the grounds on which the request is made and be in writing.

Regulations 9AI, 9M and 9AK sets out the duties of the Commission if a request for review of a decision is made.

Regulation 9AI provides that where the Commission receives a request for review of a decision, the Commission will affirm the decision or set it aside within three months after receipt of the request or within such longer period as is agreed in writing by the person who made the request.

Regulation 9M provides that the Commission will prepare a statement of reasons once it has reviewed the decision.

Regulation 9AK provides that the Commission should provide a copy of the written decision to the person who requested the review as soon as is practicable after it has reviewed the decision.

Regulation 9AL gives an applicant a further right of review to the Administrative Appeals Tribunal.

New regulation 9AM deals with a situation where travelling expenses are payable for travel to one destination for two or more purposes under sections 110, 132 or 170B of the Act. Expenses for the same travel is not to be paid twice. If an entitled person travels to the same location at the same time. for a number of purposes, the person will only be paid the greatest amount of travelling expenses payable under section 110, 132 or 170B of the Act.

If a person travels to the same town or city at the same time, but needs to visit more than one location within that town or city, then new regulation 9AN will provide that the cost of the trips between each of those locations within the town or city will be payable.

Regulation 5

Subregulation 5.1 of the amending regulations provides that travel undertaken after the commencement of these regulations is subject to the amendments made to Regulation 9 by these amending regulations.


[Index] [Related Items] [Search] [Download] [Help]