3.12.1 Legislative authority

Veterans’ Entitlements (Veteran Payment) Instrument 2018 No. R40

This instrument specifies that if the person is able, they must participate in a DVA rehabilitation program if they are in receipt of Veteran Payment.

"Section 9 – Conditions of payment of Veteran Payment to primary person

• If a primary person is capable of participating in rehabilitation, payment of a veteran payment to the person is subject to the condition that he or she participates in rehabilitation.
• Note: A failure to participate in rehabilitation may result in a veteran payment being suspended (see section 18 of this instrument)."

"Section 18 – Suspension of veteran payment

• (1) If a person who is receiving a veteran payment fails to participate in rehabilitation to the satisfaction of the Commission, the Commission may determine in writing that the veteran payment payable to the person or the partner of the person (if any), or both, is to be suspended.
• (2) A determination made under subsection (1) takes effect on the day that the determination is made or on such later day or earlier day as is specified in the determination.
• (3) If the Commission later becomes satisfied that the person is participating in the rehabilitation to the satisfaction of the Commission, the Commission may end the suspension by determination in writing.
• (4) A determination made under subsection (3) takes effect on the day that the determination is made or on such later day or earlier day as is specified in the determination.
• Note: This section is in addition to the suspension powers in sections 56E, 56EA, 56J and 56K of the Act."

Safety, Rehabilitation and Compensation (Defence-related Claims) (Accelerated Access to Rehabilitation) Determination 2018 Instrument 2018 No. MRCC57

This instrument describes that early access to rehabilitation services is allowed if the person has submitted a claim under section 54 of DRCA, and has been granted a Veteran Payment.

"Section 4 – Purpose

• The purpose of this instrument is to determine a class of persons who will be eligible (subject to further selection by the Commission) for early access to rehabilitation services during the period after the person has made a claim for compensation for an injury under Part V of the Act and before that claim has been determined."

"Section 6 – Determined class of persons – veteran payment recipients

• For the purposes of paragraph 36(1A)(c) and paragraph 37(1A)(c) of the Act, the following class of persons is determined:
• A person who:
• (a) has made a claim under section 54 of the Act; and
• (b) is receiving a veteran payment."

Military Rehabilitation and Compensation (Accelerated Access to Rehabilitation) Determination 2017 Instrument 2017 No. MRCC22

This instrument describes that early access to rehabilitation services is allowed if the person has submitted a claim under section 319(1)(a) of MRCA, and has been granted a Veteran Payment.

"Section 8 – Determined class of persons – veteran payment recipients

• For the purposes of paragraph 43(3)(c) of the Act, the following class of persons is determined: A person who:
• (a) has made a claim under paragraph 319(1)(a) of the Act; and
• (b) is receiving a veteran payment made under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986."