House of Representatives

Explanatory Memorandum

Circulated by authority of the Minister for Education and the Minister for Employment and Workplace Relations, the Honourable Julia Gillard MP

Schedule 2 - Veterans' entitlements amendments

Veteran's Entitlement Act 1986

Item 29 amends paragraph 36A(1) by repealing paragraph 36A(1)(d) and substituting a new paragraph 36A(1)(d). New paragraph 36A(1)(d) provides that age service pension may not be payable because the pension has been cancelled or suspended under sections 56E, 56EA, 56J and 56K of the Veterans' Entitlements Act or under new Part 3C of the Administration Act.

Item 30 amends paragraph 37A(1) by repealing paragraph 37A(1)(d) and substituting a new paragraph 37A(1)(d). New paragraph 37A(1)(d) provides that invalidity service pension may not be payable because the pension has been cancelled or suspended under sections 56E, 56EA, 56J and 56K of the Veterans' Entitlements Act or under new Part 3C of the Administration Act.

Item 31 amends paragraph 38A(1) by repealing paragraph 38A(1)(d) and substituting a new paragraph 38A(1)(d). New paragraph 38A(1)(d) provides that partner service pension may not be payable because it has been cancelled or suspended under sections 56E, 56EA, 56J and 56K of the Veterans' Entitlements Act or under new Part 3C of the Administration Act.

Item 32 amends paragraph 45B(1) by repealing paragraph 45B(1)(d) and substituting a new paragraph 45B(1)(d). New paragraph 45B(1)(d) provides that income support supplement may not be payable because it has been cancelled or suspended under sections 56E, 56EA, 56J and 56K of the Veterans' Entitlements Act or under new Part 3C of the Administration Act.

Item 33 amends section 125 of the Veterans' Entitlements Act to take account of the new Part 3C of the Administration Act. Under new Part 3C of the Administration Act, a service pension, income support supplement or Defence Force Income Support Allowance payable under the Veterans' Entitlements Act, may be cancelled or suspended if a person fails to comply with the schooling requirements set out in the new Part.

Item 33 includes an application provision making it clear that the amendments made in Schedule 1 apply to schooling requirements payment whether the payment is claimed or granted before on or after the commencement of the provisions. That is, the amendments don't only apply to claims made or granted after the commencement of the provisions.