11.9.2 Administrative Powers of the Commission
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 |
|
|
Payment of pension to pensioner or agent |
Sections 58C & 58D VEA →
Section 58C VEA - Payment to pensioner Section 58D VEA - Payment to agent |
|
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 |
|
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 |
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.
Decision based on the delegate forming an opinion
Source URL: https://clik.dva.gov.au/compensation-and-support-policy-library/part-11-administration-payments/119-powers-administration-and-delegation/1192-administrative-powers-commission