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11.9.2 Administrative Powers of the Commission

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Administrative function of the Commission

VEA?

The Repatriation Commission is provided with the general responsibility for administration of the VEA including all eligibility and payment issues.

Administrative powers of the Commission

The following table shows the sections of the VEA under which the Commission administers payments of service pension and income support supplement (ISS).

Administrative power

VEA section

Payment of pension on each pension payday on which the person is eligible and payable

Section 58A    VEA?

Payment of pension to pensioner or agent

Sections 58C & 58D   

VEA ?

Section 58C VEA - Payment to pensioner

Section 58D VEA - Payment to agent

VEA ? (go back)

Matters that may affect payment of pension instalment on the 'due' day and where payment is made

Sections 58E & 58F   

VEA ?

Section 58E VEA - Pension payday falling on public holiday

Section 58F VEA - Payment into bank account

VEA ? (go back)

Limitations on access to a pensioner's payments by a person or organisation other than the pensioner

Sections 125 & 58J   

VEA ?

Section 125 VEA - Pension to be inalienable

Section 58J VEA - Payments to Commissioner of Taxation

VEA ? (go back)

Administration of beneficial legislation

The VEA is often referred to as “beneficial legislation”. This concept is relevant to the interpretation of those sections which allows the decision maker discretion. However, there are certain limiting or disentitling provisions within the VEA which should be strictly construed, for example, the disposal of assets or ordinary income. The fact that legislation is generally intended to be beneficial does not allow eligibility to be determined where the legislative requirements are not met.    

More ?

Decision based on the delegate forming an opinion

11.9.3/Rules for Delegates to Follow

More ? (go back)


According to Section 179 of the VEA, the Commission is a body corporate under the name of Repatriation Commission.

 

 

Veterans' Entitlements Act 1986.

Veterans' Entitlements Act 1986.

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

ISS is an income support payment that may be paid to eligible war widows and widowers under the VEA and persons receiving wholly dependent partners' compensation under the MRCA, and who satisfy the means tests. It is an indexed rate, increased twice-yearly in March and September in line with changes to the cost of living and/or average wages. Income Support Supplement (ISS) legislation commenced on 20 March 1995. It is a payment created to replace the ceiling rate income support age, carer, wife and disability support pensions, paid to war widows/widowers by Centrelink.