Social Security and Other Legislation Amendment (Economic Security Strategy) Act 2008 (131 of 2008)

Schedule 2   Economic security strategy payments under the Veterans' Entitlements Act

Veterans' Entitlements Act 1986

1   After Part VIIF

Insert:

Part VIIG Economic security strategy payment

118ZZQ Eligibility for economic security strategy payment

Eligible if this section applies

(1) A person is eligible for an economic security strategy payment if subsection (2) or (3) applies to the person.

Eligible for certain payments

(2) This subsection applies to a person if:

(a) one of the following payments was payable to the person in respect of 14 October 2008:

(i) a service pension;

(ii) an income support supplement;

(iii) a carer service pension that is payable as a result of the operation of subclause 8(2) or (4) of Schedule 5; and

(b) that payment was payable because of a claim the person made on or before 14 October 2008.

Eligible for seniors concession allowance

(3) This subsection applies to a person if:

(a) on 14 October 2008, the person was eligible for seniors concession allowance under section 118PA; or

(b) both:

(i) on or before 14 October 2008, the person made a claim for a seniors health card under Division 2 of Part VIIC and had not withdrawn that claim on or before 14 October 2008; and

(ii) on 14 October 2008, the person was eligible for the card.

One payment under this section only

(4) A person cannot receive more than one payment under this section, regardless of how many times the person becomes eligible under this section.

118ZZR Amount of economic security strategy payment

The amount of a person's economic security strategy payment under section 118ZZQ is the amount, specified in column 3 of the following table, that corresponds to the family situation, specified in column 2 of the table, that applied to the person on 14 October 2008:

118ZZS Claim not required for economic security strategy payment

A claim is not required for an economic security strategy payment.

118ZZT Payment of economic security strategy payment

If an individual is eligible for economic security strategy payment, the Commission must pay the payment to the individual in a single lump sum:

(a) on 8 December 2008, or on such later date that the Commission considers to be the earliest date on which it is reasonably practicable for the payment to be made; and

(b) in such manner as the Commission considers appropriate.

118ZZU Debts arising in respect of economic security strategy payment

(1) This section applies in relation to an individual who has been paid an economic security strategy payment (the relevant payment ) under this Part.

(2) If the individual was eligible for the relevant payment because of subsection 118ZZQ(2), a relevant determination is a determination made under Part III or Part IIIA because of which the payment referred to in paragraph 118ZZQ(2)(a) was payable.

(3) If the individual was eligible for the relevant payment because of subsection 118ZZQ(3) and because of holding or having held a seniors health card, a relevant determination is a determination made under this Act because of which the person became the holder of the card.

(4) If:

(a) after the relevant payment was made to the individual, a relevant determination in relation to the individual, at least so far as it relates to 14 October 2008 or to a period that includes that day, is or was (however described) changed, revoked, set aside or superseded by another determination; and

(b) the decision to change, revoke, set aside or supersede the relevant determination is or was made for the reason, or for reasons including the reason, that the individual knowingly made a false or misleading statement, or knowingly provided false information; and

(c) had the change, revocation, setting aside or superseding occurred on or before 14 October 2008, the relevant payment would not have been made;

the amount of the relevant payment is a debt due to the Commonwealth by the individual.

(5) If:

(a) after the relevant payment was made to the individual, a relevant determination in relation to the individual, at least so far as it relates to 14 October 2008 or to a period that includes that day, is or was (however described) changed, revoked, set aside or superseded by another determination; and

(b) the decision to change, revoke, set aside or supersede the relevant determination is or was made for the reason, or for reasons including the reason, that the individual knowingly made a false or misleading statement, or knowingly provided false information; and

(c) had the change, revocation, setting aside or superseding occurred on or before 14 October 2008, the relevant payment would have been reduced;

the amount by which the relevant payment would have been reduced is a debt due to the Commonwealth by the individual.

(6) If:

(a) an individual was eligible for the relevant payment because of subsection 118ZZQ(3) and because of having claimed a seniors health card; and

(b) the individual knowingly made a false or misleading statement, or knowingly provided false information, in relation to the claim; and

(c) but for that statement or information, the relevant payment would not have been paid to the individual;

the amount of the relevant payment is a debt due to the Commonwealth by the individual.

(7) If:

(a) an individual was eligible for the relevant payment because of subsection 118ZZQ(3) and because of holding or having held a gold card; and

(b) the individual knowingly made a false or misleading statement, or knowingly provided false information, that resulted (directly or indirectly) in the individual becoming the holder of the gold card; and

(c) but for that statement or information, the relevant payment would not have been paid to the individual;

the amount of the relevant payment is a debt due to the Commonwealth by the individual.

(8) The other provisions of this Act under which debts arise do not apply in relation to payments to which this section applies.

(9) A debt that arises under this section is a recoverable amount within the meaning of subsection 205(8).