Commonwealth of Australia Explanatory Memoranda

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VETERANS' ENTITLEMENTS AMENDMENT BILL 2018

                                     2016-2017-2018


          THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                                         SENATE




             VETERANS' ENTITLEMENTS AMENDMENT BILL 2018




             ADDENDUM TO THE EXPLANATORY MEMORANDUM




This addendum responds to matters raised by the Senate Standing Committee for the Scrutiny
  of Bills in its Scrutiny Digest 10 of 2018 on the Veterans' Entitlements Amendment Bill
                                2018 dated 12 September 2018.




               (Circulated by authority of the Minister for Veterans' Affairs,
                           The Honourable Darren Chester MP)
              VETERANS' ENTITLEMENTS AMENDMENT BILL 2018
                          EXPLANATORY MEMORANDUM



This addendum responds to matters raised by the Senate Standing Committee for the Scrutiny
of Bills in its Scrutiny Digest 10 of 2018 on the Veterans' Entitlements Amendment Bill
2018 dated 12 September 2018.


The Committee recommended that the information provided by the Minister to the
Committee be included in the Explanatory memorandum.

Notes on Clauses

Item 5 - application provision
Page iv, second line - insert new paragraph after "1 January 1996."
   ''This measure does not adversely affect a person. It allows for the streamlining of
   two separate processes, the recovery of an overpayment arising from the death of the
   pensioner and the payment of bereavement payment to the surviving partner.

   This is a compassionate, sympathetic and unobtrusive response which avoids disturbing
   the family with additional interactions with the Department of Veterans' Affairs (DVA)
   while they are grieving.

   This approach is also consistent with the method that the Department of Social Services
   adopts for its clients.'

   If retrospectivity were not applied, the DVA would have to examine the debt recovery of
   pension monies from the deceased pensioner and take action to recover or waive recovery
   of the debt depending on its age.


   In addition, DVA would be required to repay surviving partners (or their estates where
   the partners are now deceased) the amount of bereavement payment that was reduced
   because of overpayment resulting from the death of their partner dating back to 1996.


   Not only would this be difficult given the passage of time but the contact from the DVA
   is likely to adversely affect the surviving partner and their family.'