Treasury Laws Amendment (Cost of Living Support and Other Measures) Act 2022 (14 of 2022)
Schedule 8 2022 cost of living payment
Veterans' Entitlements Act 1986
23 After Part IIIJ
Insert:
Part IIIK - 2022 cost of living payment
Division 1 - 2022 cost of living payment
67ZP 2022 cost of living payment
(1) A person is eligible for a 2022 cost of living payment if Division 2 applies to the person on 29 March 2022.
(2) The amount of a person's 2022 cost of living payment under this Division is $250.
67ZQ More than one entitlement
(1) A person may receive one payment only under this Division, regardless of how many times the person becomes eligible under section 67ZP.
(2) If:
(a) a 2022 cost of living payment under the ABSTUDY Scheme; or
(b) a 2022 cost of living payment under Division 1 of Part 2.6D of the Social Security Act;
is paid to a person, no payment under this Division can be paid to the person.
67ZR Claim not required for 2022 cost of living payment
A claim is not required for a 2022 cost of living payment under this Division.
67ZS Payment of 2022 cost of living payment
(1) If a person is eligible for a 2022 cost of living payment under this Division, the Commission must, subject to subsection (2), pay the payment to the person in a single lump sum:
(a) on the date, occurring on or after 29 March 2022, that the Commission considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and
(b) in such manner as the Commission considers appropriate.
(2) The Commission must not pay the payment on or after 1 July 2023.
Division 2 - Eligibility
67ZT Purpose of this Division
This Division applies for the purposes of subsection 67ZP(1).
Note: Sections 67ZU to 67ZZ are subject to section 67ZZA (residence requirement).
67ZU Payments under this Act
Service pension or income support supplement
(1) This Division applies to a person on a day if service pension or income support supplement is payable to the person on that day.
(2) For the purposes of subsection (1), and without limiting that subsection, service pension or income support supplement is taken to be payable to a person on a day (the test day ) if:
(a) service pension or income support supplement ceases to be payable to the person on a day (the cessation day ) occurring on or before the test day; and
(b) that cessation occurs because of employment income the person or the person's partner earns, derives or receives (either alone or in combination with any other ordinary income earned, derived or received by the person or the person's partner); and
(c) were it not for the employment income, or the combined income, referred to in paragraph (b), the pension or supplement would be payable to the person throughout the period:
(i) starting on the cessation day; and
(ii) ending on the test day; and
(d) the cessation day occurs no earlier than 12 weeks before the test day.
Pensions by way of compensation under Part II or IV
(3) This Division applies to a person on a day if:
(a) the person receives for that day a pension under Part II or IV at a rate determined under or by reference to section 22, 23, 24, 25 or 27; and
(b) the person's rate of the pension is greater than nil for that day.
(4) This Division applies to a person on a day if:
(a) the person receives for that day a pension under Part II or IV at a rate determined under or by reference to subsection 30(1); and
(b) the person's rate of the pension is greater than nil for that day.
(5) For the purposes of subsections (3) and (4), a person is taken to receive a pension under Part II or IV at a rate greater than nil even if the person's rate would be nil, or pension would not be payable, merely because the rate is reduced, or pension is not payable, under Division 4, 5 or 5A of Part II or section 74.
Veteran payment
(6) This Division applies to a person on a day if:
(a) veteran payment is payable to the person on that day; and
(b) veteran payment is so payable because of a claim made on or before that day.
67ZV Veterans' Children Education Scheme
This Division applies to a person on a day if:
(a) a payment under the Veterans' Children Education Scheme is payable to the person on that day; and
(b) the payment is so payable because of a claim the person makes on or before that day; and
(c) the person turns 16 on or before that day.
67ZW Seniors health card, gold card etc.
Seniors health card
(1) This Division applies to a person on a day if:
(a) the person makes a claim for a seniors health card under Division 2 of Part VIIC on or before that day; and
(b) the person does not withdraw that claim on or before that day; and
(c) the person is eligible for the card on that day.
(2) This Division applies to a person on a day if:
(a) the person is the holder of a seniors health card on that day because of subsection 118XA(3); and
(b) the person is eligible for the card on that day.
Gold card
(3) This Division applies to a person on a day if:
(a) the person is, on that day, the holder of a card, known as the Repatriation Health Card - For All Conditions, that evidences the person's eligibility under this Act or the MRCA to be provided with treatment for all injuries or diseases; and
(b) the person is eligible for the card on that day.
(4) This Division applies to a person on a day if:
(a) the person makes a claim, on or before that day, under:
(i) section 8 of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006; or
(ii) section 9 of the Treatment Benefits (Special Access) Act 2019;
for a determination that the person is an eligible person; and
(b) the person does not withdraw that claim on or before that day; and
(c) the person is an eligible person (within the meaning of that Act) on that day.
Fringe benefits
(5) This Division applies to a person on a day if the person is eligible for fringe benefits under subsection 53A(1A) of this Act on that day.
67ZX MRCA
Compensation for permanent impairment
(1) This Division applies to a person on a day if either or both of the following apply:
(a) weekly compensation under Part 2 of Chapter 4 of the MRCA:
(i) is payable to the person for that day; or
(ii) would be payable to the person for that day apart from paragraph 398(3)(b) of the MRCA and offsetting described in subsection 13(4) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;
(b) the person receives lump sum compensation under Part 2 of Chapter 4 of the MRCA on or before that day.
Special Rate Disability Pension
(2) This Division applies to a person on a day if Special Rate Disability Pension under the MRCA:
(a) is payable to the person for that day; or
(b) would be payable to the person for that day apart from section 204, and paragraph 398(3)(b), of the MRCA.
Compensation for wholly dependent partners
(3) This Division applies to a person on a day if either or both of the following apply:
(a) weekly compensation under Division 2 of Part 2 of Chapter 5 of the MRCA either:
(i) is payable to the person for that day; or
(ii) would be payable to the person for that day apart from paragraph 398(3)(b) of the MRCA;
(b) both:
(i) the person receives lump sum compensation under Division 2 of Part 2 of Chapter 5 of the MRCA on or before that day; and
(ii) subsection 388(6) of the MRCA does not apply to the person before that day.
67ZY Education scheme under MRCA
This Division applies to a person on a day if:
(a) a payment under the scheme determined under section 258 of the MRCA is payable to the person on that day; and
(b) the payment is so payable because of a claim the person makes on or before that day; and
(c) the person turns 16 on or before that day.
67ZZ Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988
This Division applies to a person on a day if:
(a) at any time, the person receives a payment of compensation under section 24 of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988; and
(b) the payment is paid because of a claim the person makes on or before that day.
67ZZA Residence requirement
Despite sections 67ZU to 67ZZ, this Division does not apply to a person on a day if the person does not reside in Australia on that day.