Veterans' Affairs Legislation Amendment (Weekly Payments) Act 2010 (Cth)

Veterans' Affairs Legislation Amendment (Weekly Payments) Act 2010

No. 135, 2010

An Act to amend the law relating to veterans' entitlements and military rehabilitation and compensation, and for related purposes

Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Weekly payments Military Rehabilitation and Compensation Act 2004 Veterans' Entitlements Act 1986

Veterans' Affairs Legislation Amendment (Weekly Payments) Act 2010 No. 135, 2010

An Act to amend the law relating to veterans' entitlements and military rehabilitation and compensation, and for related purposes

[Assented to 24 November 2010]

The Parliament of Australia enacts:

1 Short title This Act may be cited as the Veterans' Affairs Legislation Amendment (Weekly Payments) Act 2010.

2 Commencement This Act commences on the day this Act receives the Royal Assent.

3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Weekly payments

Military Rehabilitation and Compensation Act 2004

1 Section 224 Repeal the section, substitute:

224 Payment of MRCA supplement

MRCA supplement generally payable fortnightly (1) Unless a determination under subsection (2) is in force in relation to the person, a person's MRCA supplement under section 221 is payable on each pension payday (within the meaning of subsection 5Q(1) of the Veterans' Entitlements Act 1986) on which: (a) the person is eligible for the MRCA supplement; and (b) the MRCA supplement is payable to the person. Note: If a trustee is appointed under section 432, then the MRCA supplement would be payable to the trustee.

MRCA supplement may be payable weekly (2) The Commission may determine, in writing, that a person's MRCA supplement under section 221 is payable in 2 payments (the part payments) if the person is a member of a class specified under subsection (4). (3) A determination made under subsection (2) is not a legislative instrument. (4) The Commission may, by legislative instrument, specify a class of persons for the purposes of subsection (2). (5) The first of the part payments: (a) is an amount equal to one half of the rate of veterans supplement that is payable from time to time under section 118D of the Veterans' Entitlements Act 1986; and (b) is payable on each Thursday that is not a pension payday (within the meaning of subsection 5Q(1) of that Act) on which: (i) the person is eligible for the MRCA supplement; and (ii) the MRCA supplement is payable to the person. Note: If a trustee is appointed under section 432, then the MRCA supplement would be payable to the trustee. (6) The other of the part payments: (a) is an amount equal to one half of the rate of veterans supplement that is payable from time to time under section 118D of the Veterans' Entitlements Act 1986; and (b) is payable 7 days after the first of the part payments is payable to the person. Note: If a trustee is appointed under section 432, then the MRCA supplement would be payable to the trustee. (7) If a person's MRCA supplement under section 221 is payable in part payments, it is taken for the purposes of this Act that: (a) a single supplement is payable on each pension payday (within the meaning of subsection 5Q(1) of the Veterans' Entitlements Act 1986); and (b) that supplement is payable when the last of the part payments is, or is to be, made; and (c) the amount of that supplement is equal to the total of the part payments. (8) However, sections 426 and 431 (about deductions of amounts) apply as if each of the part payments were a separate supplement.