Clean Energy (Household Assistance Amendments) Act 2011 (141 of 2011)
Schedule 4 Clean energy payments under the Military Rehabilitation and Compensation Act
Part 1 Clean energy advances
Military Rehabilitation and Compensation Act 2004
9 After Part 5 of Chapter 11
Insert:
Part 5A - Clean energy payments
Division 1 - Eligibility for clean energy advances
424A Recipient of compensation for permanent impairment
Eligibility for days before 1 July 2012
(1) The Commission may, on a day (the test day ) on or after 14 May 2012 and before 1 July 2012, determine that a person is eligible for a clean energy advance for compensation under Part 2 of Chapter 4 if:
(a) the condition in subsection (3) is met for the test day; and
(aa) the person is residing in Australia on the test day; and
(b) the person is in Australia on the test day.
Eligibility for days in 2012-13 financial year
(2) The Commission may determine that a person is eligible for a clean energy advance for compensation under Part 2 of Chapter 4 if:
(a) the condition in subsection (3) is met for a day (the test day ) in the financial year starting on 1 July 2012; and
(aa) the person is residing in Australia on the test day; and
(b) the person is in Australia on the test day.
The determination must specify the first day, in the financial year, for which the condition in subsection (3) is met, the person is residing in Australia and the person is in Australia, disregarding any temporary absence from Australia for a continuous period not exceeding 13 weeks.
Receipt of compensation
(3) A condition for determination of eligibility is that either or both of the following apply:
(a) on the test day the person either:
(i) is receiving weekly compensation under Part 2 of Chapter 4; or
(ii) would be receiving weekly compensation under that Part apart from paragraph 398(3)(b) (of this Act) and offsetting described in subsection 13(4) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;
(b) before the test day the person received lump sum compensation under Part 2 of Chapter 4.
Only one determination of a person's eligibility
(4) The Commission may make only one determination of a particular person's eligibility under this section.
424B Recipient of Special Rate Disability Pension
Eligibility for days before 1 July 2012
(1) The Commission may, on a day (the test day ) on or after 14 May 2012 and before 1 July 2012, determine that a person is eligible for a clean energy advance for Special Rate Disability Pension if:
(a) the condition in subsection (3) is met for the test day; and
(aa) the person is residing in Australia on the test day; and
(b) the person is in Australia on the test day.
Eligibility for days in period 1 July 2012-19 March 2013
(2) The Commission may determine that a person is eligible for a clean energy advance for Special Rate Disability Pension if:
(a) the condition in subsection (3) is met for a day (the test day ) in the period starting on 1 July 2012 and ending on 19 March 2013; and
(aa) the person is residing in Australia on the test day; and
(b) the person is in Australia on the test day.
The determination must specify the first day, in the period, for which the condition in subsection (3) is met, the person is residing in Australia and the person is in Australia, disregarding any temporary absence from Australia for a continuous period not exceeding 13 weeks.
Receipt of Special Rate Disability Pension
(3) A condition for determination of eligibility is that either:
(a) the person is receiving Special Rate Disability Pension on the test day; or
(b) the person would receive Special Rate Disability Pension on the test day apart from section 204 and paragraph 398(3)(b).
Only one determination of a person's eligibility
(4) The Commission may make only one determination of a particular person's eligibility under this section.
424C Recipient of compensation for wholly dependent partner of deceased member
Eligibility for days before 1 July 2012
(1) The Commission may, on a day (the test day ) on or after 14 May 2012 and before 1 July 2012, determine that a person is eligible for a clean energy advance for compensation under Division 2 of Part 2 of Chapter 5 if:
(a) the condition in subsection (3) is met for the test day; and
(aa) the person is residing in Australia on the test day; and
(b) the person is in Australia on the test day.
Eligibility for days in period 1 July 2012-19 March 2013
(2) The Commission may determine that a person is eligible a for clean energy advance for compensation under Division 2 of Part 2 of Chapter 5 if:
(a) the condition in subsection (3) is met for a day (the test day ) in the period starting on 1 July 2012 and ending on 19 March 2013; and
(aa) the person is residing in Australia on the test day; and
(b) the person is in Australia on the test day.
The determination must specify the first day, in the period, for which the condition in subsection (3) is met, the person is residing in Australia and the person is in Australia, disregarding any temporary absence from Australia for a continuous period not exceeding 13 weeks.
Receipt of compensation
(3) A condition for determination of eligibility is that either or both of the following apply:
(a) on the test day the person either:
(i) is receiving weekly compensation under Division 2 of Part 2 of Chapter 5; or
(ii) would be receiving weekly compensation under that Division apart from paragraph 398(3)(b);
(b) before the test day the person received lump sum compensation under Division 2 of Part 2 of Chapter 5 and subsection 388(6) has not applied to the person before the test day.
Only one determination of a person's eligibility
(4) The Commission may make only one determination of a particular person's eligibility under this section.
424D One advance for each clean energy underlying payment
A separate clean energy advance is payable to a person for each clean energy underlying payment for which the Commission has determined that the person is eligible for a clean energy advance.
Note: This section is subject to section 424L (multiple entitlement exclusions).
Division 2 - Amount of a clean energy advance
424E Amount of a clean energy advance
(1) On the day (the decision day ) that the Commission determines that a person is eligible for a clean energy advance for a clean energy underlying payment, the Commission must work out the amount of the advance.
Note: The advance will be paid in a lump sum as soon as is reasonably practicable: see section 424J.
(2) The amount of the advance is the result of the following formula rounded up to the nearest multiple of $10:
Clean energy advance daily rate x Number of advance days
where:
clean energy advance daily rate is worked out under section 424F.
number of advance days is worked out under section 424G.
424F Clean energy advance daily rate
For compensation under Part 2 of Chapter 4
(1) The clean energy advance daily rate for compensation under Part 2 of Chapter 4 is the same as that rate worked out under subsection 61D(1) of the Veterans' Entitlements Act 1986 for a pension at a rate determined under subsection 22(3) of that Act.
For Special Rate Disability Pension
(2) The clean energy advance daily rate for Special Rate Disability Pension is the same as that rate worked out under subsection 61D(1) of the Veterans' Entitlements Act 1986 for a pension at a rate determined under subsection 24(4) of that Act.
For compensation under Division 2 of Part 2 of Chapter 5
(3) The clean energy advance daily rate for compensation under Division 2 of Part 2 of Chapter 5 is the same as that rate worked out under subsection 61D(4) of the Veterans' Entitlements Act 1986 for a pension at a rate determined under subsection 30(1) of that Act.
424G Number of advance days
The person's number of advance days is the number of days in the period:
(a) starting on 1 July 2012 or, if the person is eligible for the clean energy advance because of a determination under subsection 424A(2), 424B(2) or 424C(2), the day specified under that subsection in the determination; and
(b) ending on:
(i) 19 March 2013, if the clean energy underlying payment is Special Rate Disability Pension or compensation under Division 2 of Part 2 of Chapter 5; or
(ii) 30 June 2013, if the clean energy underlying payment is compensation under Part 2 of Chapter 4.
Division 3 - Top-up payments of clean energy advance
424H Top-up payments of clean energy advance
(1) The Commission may by legislative instrument determine that persons:
(a) who have been paid the amount (the original payment ) of a specified clean energy advance for a clean energy underlying payment (the original underlying payment ) worked out under Division 2; and
(b) whose circumstances change, within a period specified in the instrument, in a way that is specified in the instrument and is covered by subsection (2) or (3);
are eligible for a further payment, of the amount worked out in accordance with the instrument, of the clean energy advance.
(2) This subsection covers a person's circumstances changing in a way such that:
(a) immediately after the change the Commission could still have determined that the person would have been eligible for a clean energy advance for the original underlying payment, had the Commission not already made such a determination; and
(b) had the amount of the original payment been worked out by reference to the person's circumstances immediately after the change, the clean energy advance daily rate that would have been used for working out that amount would have been greater than the rate actually used for working out that amount.
(3) This subsection covers a change in a person's circumstances that, apart from a multiple entitlement exclusion, would (if any necessary administrative decisions were made) entitle the person to a clean energy bonus, under an Act or a scheme, relating to a payment other than the original underlying payment.
(4) For the purposes of subsection (3), a multiple entitlement exclusion is an instrument that:
(a) provides a person is not entitled to a clean energy bonus under an Act or a scheme because of the person's entitlement to or receipt of the original payment or the original underlying payment; and
(b) is made under:
(i) section 424L; or
(ii) section 65A of the Veterans' Entitlements Act 1986; or
(iii) section 918 of the Social Security Act 1991;
or is an instrument establishing entitlements to a clean energy bonus under a scheme.
(5) An instrument under subsection (1) may provide for:
(a) different periods for changes of circumstances depending on different changes in circumstances; and
(b) different ways of working out further amounts of the original payment depending on different changes in circumstances.
Division 4 - Payment of clean energy advance
424J Payment of clean energy advance
(1) An amount of clean energy advance for which a person is eligible is payable in a single lump sum on the day that the Commission considers to be the earliest day on which it is reasonably practicable for the advance to be made.
(2) However, the clean energy advance is not payable if the Commission is aware that the person has died.
Division 5 - Debts
424K Debts relating to clean energy advances
(1) This section applies if:
(a) a person has been paid a clean energy advance for a clean energy underlying payment; and
(b) after the advance was paid, one of the following events happens to a determination that directly or indirectly affected the payability or amount of the clean energy advance paid to the person:
(i) the determination is changed, revoked or set aside;
(ii) the determination is superseded by another determination; and
(c) the event happened wholly or partly because the person knowingly made a false or misleading statement or knowingly provided false information; and
(d) had the event happened on or before the day the advance was paid:
(i) the advance would not have been paid; or
(ii) the advance would have been reduced.
Note 1: Examples of determinations directly affecting the payability or amount of the clean energy advance include:
(a) a determination relating to the person's eligibility for the clean energy underlying payment to which the advance related; and
(b) the determination of the person's eligibility for the clean energy advance.
Note 2: An example of a determination indirectly affecting the amount of the advance is a determination relating to a change in circumstances that results in the person becoming eligible for a further payment of the advance under an instrument made under section 424H.
Creation and amount of debt
(2) The advance is a debt due to the Commonwealth by the person if subparagraph (1)(d)(i) applies.
(3) The amount by which the advance would have been reduced is a debt due to the Commonwealth by the person if subparagraph (1)(d)(ii) applies.
Recovery of debt
(4) A debt under this section is recoverable by the Commission from the person in a court of competent jurisdiction.
(5) The recoverable amount may be deducted from an amount that is payable to or for the benefit of the person under this Act.
Division 6 - Multiple entitlement exclusions
424L Multiple entitlement exclusions
(1) The Commission may by legislative instrument determine that persons in circumstances specified in the instrument are not entitled to a clean energy bonus under this Act that is specified in the instrument.
Note: For clean energy bonus see subsection 5(1).
(2) Those circumstances must relate to persons' entitlement to or receipt of one or more of the following:
(a) another clean energy bonus under this Act;
(b) a clean energy bonus under the Veterans' Entitlements Act 1986;
(c) a clean energy bonus under the Social Security Act 1991;
(d) a clean energy bonus under a scheme (however described), whether or not the scheme is provided for by or under an Act.
(3) An instrument under subsection (1) has effect according to its terms, despite any other provision of this Act.