Commonwealth Numbered Regulations - Explanatory Statements

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

VETERANS' ENTITLEMENTS (REHABILITATION ALLOWANCE) REGULATIONS (AMENDMENT)1997 NO. 173

Statutory Rules 1997 No. 173

Issued by the Authority of the Minister for Veterans' Affairs

Veterans' Entitlements Act 1986

Veterans' Entitlements (Rehabilitation Allowance) Regulations (Amendment)

Section 106 of the Veterans' Entitlements Act 1986 (the Act) allows the Repatriation Commission to provide special assistance to veterans and their dependants as it prescribes. Section 216 of the Act provides that the Governor-General may make Regulations for the purposes of the Act.

In April 1993 the Repatriation Commission developed a pilot vocational rehabilitation scheme for veterans. The Veterans' Entitlements (Rehabilitation Allowance) Regulations (the Regulations) were approved on 28 April 1994. The Regulations provide for payment of a rehabilitation allowance to eligible veterans who participate in the Scheme and their partners. They set out how the allowance is to be calculated and assessed.

The rehabilitation allowance is intended to defray any reduction in pension income and to supplement a veterans' work income. It also provides an incentive for a veteran to remain in paid employment.

To be eligible for the payment a veteran must undertake a vocational rehabilitation program approved by the Repatriation Commission. The veteran must also have either ceased to be eligible for invalidity service pension, and the veterans' partner have ceased to be eligible for partner service pension, or the veteran must have ceased to be eligible for disability pension or only be eligible for a reduced rate of disability pension.

The Regulations were designed as a short term measure to address the immediate needs of the participants in the pilot program. Regulation 11 had earlier provided that rehabilitation allowance was not payable in respect of any period after 31 December 1995. A sunset clause was then inserted into Regulation 11 to come into effect on 1 January 1996. This was extended to 30 June 1997.

The permanent Scheme has now been developed, and is in the form of a disallowable statutory instrument that will be tabled before Parliament provided the primary legislation providing for the Scheme receives the Royal Assent. The Veterans' Affairs Legislation Amendment (199697 Budget and Other Measures) Bill 1997 is presently before the Senate but it is not certain whether it will be passed before 30 June 1997.

Regulation 11 has been amended to extend the end date for payment of rehabilitation allowance from 30 June 1997 to 30 June 1998. This will protect the benefits of the veterans currently participating in the temporary Scheme. It is intended to recommend that the Regulations be repealed when the permanent Scheme commences.

The proposed Regulations would commence on 1 July 1997.

The Minute recommends that the Regulations be made in the form proposed.

Authority: Section 216 of the Veterans' Entitlements Act 1986