Social Services Legislation Amendment (Energy Assistance Payment and Pensioner Concession Card) Act 2017 (46 of 2017)

Schedule 1   Energy assistance payment

Part 2   Veterans' entitlements amendments

Veterans' Entitlements Act 1986

9   After Part IIIE

Insert:

Part IIIF - One-off energy assistance payment

66 One-off energy assistance payment - this Act

Service pension or income support supplement

(1) A person is eligible for a one-off energy assistance payment if:

(a) service pension or income support supplement is payable to the person on 20 June 2017; and

(b) service pension or income support supplement is so payable because of a claim the person made on or before 20 June 2017; and

(c) the person is residing in Australia on 20 June 2017.

(2) The amount of a person's one-off energy assistance payment under subsection (1) is worked out using the following table, having regard to the person's situation on 20 June 2017:

Note: For member of a couple , partnered , illness separated couple and respite care couple see subsections 5E(1) and (5) and 5R(5) and (6).

Pension under Part II or IV

(3) A person is eligible for a one-off energy assistance payment if:

(a) the person receives for 20 June 2017 a pension under Part II or IV at a rate determined under or by reference to section 22, 23, 24 or 27; and

(b) the person's rate of the pension is greater than nil for 20 June 2017; and

(c) the person is residing in Australia on 20 June 2017.

(4) A person is eligible for a one-off energy assistance payment if:

(a) the person receives for 20 June 2017 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 20 June 2017; and

(c) the person is residing in Australia on 20 June 2017.

(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.

(6) The amount of a person's one-off energy assistance payment under subsection (3) or (4) is $75.

67 One-off energy assistance payment - MRCA

Compensation for permanent impairment

(1) A person is eligible for a one-off energy assistance payment if:

(a) the condition in subsection (2) is met; and

(b) the person is residing in Australia on 20 June 2017.

(2) The condition is that 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 20 June 2017; or

(ii) would be payable to the person for 20 June 2017 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) before 20 June 2017 the person received lump sum compensation under Part 2 of Chapter 4 of the MRCA.

Special Rate Disability Pension

(3) A person is eligible for a one-off energy assistance payment if:

(a) Special Rate Disability Pension under the MRCA:

(i) is payable to the person for 20 June 2017; or

(ii) would be payable to the person for 20 June 2017 apart from section 204, and paragraph 398(3)(b), of the MRCA; and

(b) the person is residing in Australia on 20 June 2017.

Compensation for wholly dependent partners

(4) A person is eligible for a one-off energy assistance payment if:

(a) the condition in subsection (5) is met; and

(b) the person is residing in Australia on 20 June 2017.

(5) The condition is that 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 20 June 2017; or

(ii) would be payable to the person for 20 June 2017 apart from paragraph 398(3)(b) of the MRCA;

(b) before 20 June 2017 the person received lump sum compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and subsection 388(6) of the MRCA has not applied to the person before 20 June 2017.

Amount of one-off energy assistance payment

(6) The amount of a person's one-off energy assistance payment under this section is $75.

67A One-off energy assistance payment - Safety, Rehabilitation and Compensation Act 1988

(1) A person is eligible for a one-off energy assistance payment if:

(a) at any time, the person has received a payment of compensation under section 24 of the Safety, Rehabilitation and Compensation Act 1988; and

(b) the payment was made because of a defence-related claim (within the meaning of Part XI of that Act) the person made on or before 20 June 2017; and

(c) the person is residing in Australia on 20 June 2017.

Amount of one-off energy assistance payment

(2) The amount of a person's one-off energy assistance payment under this section is $75.

67B More than one entitlement

More than one entitlement under this Part

(1) A person may receive one payment only under this Part, regardless of how many times the person becomes eligible under this Part.

More than one entitlement under this Part and the Social Security Act

(2) If a payment under Part 2.6 of the Social Security Act is paid to a person, no payment under this Part can be paid to the person.

67C Claim not required for one-off energy assistance payment

A claim is not required for a one-off energy assistance payment under this Part.

67D Payment of one-off energy assistance payment

If a person is eligible for a one-off energy assistance payment under this Part, the Commission must pay the payment to the person in a single lump sum:

(a) on the 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.