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4.13 Notification Provisions Post Assets Test - Pre VEA
4.13.1 — Section 121 in the repealed Repat Act was continued under the Transitional Act when the Assets Test was introduced on 14 March 1985. It remained in force until the introduction of the VEA on 22 May 1986, and the Transitional Act ensured a section 121 in the Repat Act notice remained in force until a notice was issued under section 127 VEA. A prescribed rate notice issued after March 1986 constitutes a notice under section 121 in the Repat Act. If no notice was issued under section 121 in the Repat Act, then the previous provisions continued to apply until a notice was served under section 127 VEA.
Section 45 in the Veterans' Entitlements (Transitional Provisions & Consequential Amendments) Act 1986 continues obligations imposed on pensioners under the repealed Repatriation Act 1920. That is, they were obliged to notify of changed circumstances (except changes in rent assistance) affecting pension entitlement. Those obligations continued until the pensioner was issued with a notice under section 127 VEA, which detailed their obligations under the VEA.
A notice issued under section 127 VEA is the same as a notice issued under section 54 VEA. This is because section 8 in the Veterans' Entitlements (Transitional Provisions & Consequential Amendments) Act 1986 contains the authority for notices issued prior to the rewrite, and these notices are to be treated as if they were issued under the appropriate sections of the rewritten Act. Prior to the rewrite of the VEA in 1991, a section 127 VEA notice was the same as the current section 54 VEA notice. However, after the rewrite a section 127 VEA notice did not authorise a cancellation or reduction of pension.