Clean Energy (Household Assistance Amendments) Act 2011 (141 of 2011)

Schedule 3   Clean energy payments under the Veterans' Entitlements Act

Part 2   Clean energy supplements and quarterly clean energy supplement

Veterans' Entitlements Act 1986

21   After Division 1 of Part IIIE

Insert:

Division 2 - Clean energy supplements

Subdivision A - Clean energy supplements for pensions under Parts II and IV

62A Clean energy supplement for disability pension

(1) This section applies to a person for a day if:

(a) the person receives for the day 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; and

(c) the person is residing in Australia on the day; and

(d) on the day the person either:

(i) is in Australia; or

(ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks.

Note: Section 62C may affect whether a person meets the conditions in paragraphs (1)(a) and (b) of this section.

Clean energy supplement payable

(2) The Commonwealth is liable to pay the person for the day clean energy supplement for the person's pension.

Note 1: The supplement is a payment separate from the pension.

Note 2: Section 65A may affect the person's entitlement to the clean energy supplement.

Rate of clean energy supplement

(3) The fortnightly rate of clean energy supplement for the pension is the rate worked out using the table. For this purpose, ignore subsections 23(5) and (6), sections 25A and 26, Division 5A of Part II and section 74 in working out the rate of the person's pension under section 27 if that section is relevant.

Note: For CES 22(3) rate , CES 22(4) rate , CES 23(4) rate and CES 24(4) rate see section 5GB.

62B Clean energy supplement for war widow/war widower pension

(1) This section applies to a person for a day if:

(a) the person receives for the 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; and

(c) the person is residing in Australia on the day; and

(d) on the day the person either:

(i) is in Australia; or

(ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks.

Note: Section 62C may affect whether a person meets the conditions in paragraphs (1)(a) and (b) of this section.

Clean energy supplement payable

(2) The Commonwealth is liable to pay the person for the day clean energy supplement for the person's pension.

Note 1: The supplement is a payment separate from the pension.

Note 2: Section 65A may affect the person's entitlement to the clean energy supplement.

Rate of clean energy supplement

(3) The fortnightly rate of clean energy supplement for the pension is the CES 30(1) rate.

62C Disregard nil rate in certain circumstances

For the purposes of sections 62A and 62B, 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.

62D Electing for quarterly payment of clean energy supplement for pension under Part II or IV

Election

(1) A person may, in a manner or way approved by the Commission, make an election to be paid quarterly instalments of:

(a) the person's clean energy supplement under section 62A; or

(b) the person's clean energy supplement under section 62B.

Note 1: If the person is receiving both kinds of pension under Part II or IV, he or she may make an election relating to one kind but not the other or make separate elections for each kind.

Note 2: If a person does not make an election to be paid quarterly instalments of the clean energy supplement for one of those kinds of pensions, the supplement for that kind of pension will be paid in instalments under section 121.

(2) The election:

(a) comes into force as soon as practicable after it is made; and

(b) ceases to be in force if the pension ceases to be payable to the person; and

(c) may be revoked by the person, in a manner or way approved by the Commission, with effect as soon as practicable after the revocation is made.

Quarterly payment

(3) If the election is in force on a day in the 3 months starting on 20 March, 20 June, 20 September or 20 December, an instalment of the clean energy supplement is to be paid to the person on, or as soon as reasonably practicable after, the day after the end of that period.

(4) The amount of the instalment is the total amount of the clean energy supplement payable to the person for the days in that period on which the election was in force. For this purpose, the rate of the clean energy supplement payable for a day is 1/14 of the fortnightly rate of the supplement that applied on that day.

Subdivision B - Quarterly clean energy supplement for service pension

62E Quarterly clean energy supplement for service pension

(1) Quarterly clean energy supplement for service pension that a person is receiving is payable, as a separate payment, to the person for each day for which an election by the person is in force under subsection 60A(1).

Note 1: There is no provision for quarterly clear energy supplement for seniors supplement, because seniors supplement is always paid quarterly (see section 118PC).

Note 2: Section 65A may affect the person's entitlement to quarterly clean energy supplement.

(2) If the election is in force on a day in the 3 months starting on 20 March, 20 June, 20 September or 20 December, an instalment of quarterly clean energy supplement is to be paid to the person on, or as soon as reasonably practicable after, the day after the end of that period.

(3) The amount of the instalment is the total amount of the quarterly clean energy supplement payable to the person for the days in that period on which the election was in force.

(4) For the purposes of subsection (3), the rate of quarterly clean energy supplement payable for a day is 1/364 of what would be the person's clean energy supplement under the Rate Calculator for the day apart from this section.

Reductions

(5) This section is subject to subclause 4(5) of Schedule 6.

(6) If:

(a) an election by the person under subsection 60A(1) is in force on a particular day; and

(b) apart from this subsection, the portion of the instalment of the person's quarterly clean energy supplement that corresponds to that day would be reduced under subclause 4(5) of Schedule 6, but not reduced to a nil amount;

the amount of that portion of the instalment is not to be reduced under subclause 4(5) of Schedule 6.