Act No. 9 of 2019. Introduced by /u/DirtySaiyan. Assented to 2019-03-02.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Veterans’ Entitlements Amendment Bill 2019
Written by u/DirtySaiyan
A Bill for an Act to amend the Veterans’ Entitlements Act 1986 , and
for related purposes
Contents
1 Short title 3
2 Commencement 3
3 Schedules 3
Schedule 1 — Amendments 3
Veterans’ Entitlements Act 1986 3
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The Parliament of Australia enacts:
1 Short title
This Act is the Veterans’ Entitlements Amendment Act 2019.
2 Commencement
This Act commences on the day which it receives Royal Assent.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set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 — Amendments
Veterans’ Entitlements Act 1986
1 Subsection 53K(4)
Omit “section 53M”, substitute “sections 53M and 53NAA”.
2 Subsection 53L(6)
Omit “section 53M”, substitute “sections 53M and 53NAA”.
3 At the end of section 53N
Add:
(3) This section has effect subject to section 53NAA.
4 After section 53N
Insert:
53NAA Matters affecting bereavement payments under this Subdivision
If:
(a) bereavement payments mentioned in subsection 53K(3), 53L(4) or 53N(2)
are payable to the pensioner in relation to the death of the partner; and
(b) after the partner died, an amount of a pension, or a social security
pension, to which the partner would have been entitled if the partner had not
died has been paid under this Act or the Social Security Act 1991 ; and
(c) the Commission is not satisfied that the pensioner has not had the benefit
of that amount;
the following provisions have effect:
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(d) the amount referred to in paragraph (b) is not recoverable from the
pensioner or from the personal representative of the partner, except to the
extent (if any) that the amount exceeds the amount of the bereavement
payments referred to in paragraph (a);
(e) the amount of the bereavement payments referred to in paragraph (a) is
to be reduced by the amount referred to in paragraph (b).
5 Application provision
Section 53NAA of the Veterans’ Entitlements Act 1986 , as inserted by this Schedule,
applies in relation to the following:
(a) bereavement payments referred to in paragraph 53NAA(a) of that Act that
became payable on or after 1 January 1996;
(b) deaths referred to in paragraph 53NAA(a) of that Act that occurred on or
after 1 January 1996;
(c) amounts referred to in paragraph 53NAA(b) of that Act that have been
paid on or after 1 January 1996.
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Explanatory memorandum:
This bill seeks to streamline the administrative process and would reinstate the legislative
power for DVA to reduce bereavement payments where an overpayment occurred.
Second reading speech:
Mr Speaker,
I rise to speak in support of this bill. This payment is to assist the individual with costs
following the death of a partner and provide a period of time for the surviving partner to
adjust their finances. However, at times it is not unusual for there to be a delay in notifying
the department of the death of the veteran, which results in an overpayment to the partner.
In the event that this occurs the DVA instead deducts the overpayment from the
bereavement payment account. And thus, avoids the need to recover debts from the
deceased estate and avoids disturbing the family during the grieving period. By streamlining
the administrative process this is a compassionate, sympathetic and unobtrusive response.
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