Defence, Veterans' and Families' Acute Support Package Act 2022 (40 of 2022)

Schedule 1   Amendments

Part 1   Main amendments

Veterans' Entitlements Act 1986

17   After Part VIB

Insert:

Part VIC - Acute support

115S Acute support package

Acute support package

(1) The Commission may, by legislative instrument, make provision for and in relation to the granting of a package (an acute support package ) of assistance or benefits of a specified kind to a person:

(a) who is a veteran; or

(b) who is or was a related person of a veteran or a deceased veteran;

to assist the person to adjust to challenging life circumstances.

Note: Decisions of the Commission under the instrument are reviewable (see section 135A).

Eligibility criteria for an acute support package

(2) The instrument must provide that a person is not eligible for an acute support package unless the criteria mentioned in subsection (3), (4), (5) or (6) are satisfied.

(3) If the person is a veteran, the criteria are as follows:

(a) the person is under 65 years of age at the time the person's eligibility for an acute support package is determined;

(b) the person is receiving, or is eligible to receive, a pension at a rate provided for by section 23, 24 or 25 or a veteran payment;

(c) the Commission is satisfied that the person, or a related person, is experiencing, or is at risk of experiencing, crisis.

(4) If the person is a related person of a veteran, the criteria are as follows:

(a) the veteran is under 65 years of age at the time the person's eligibility for an acute support package is determined;

(b) the veteran is receiving, or is eligible to receive, a pension at a rate provided for by section 23, 24 or 25 or a veteran payment;

(c) the Commission is satisfied that the person is experiencing, or is at risk of experiencing, crisis.

(5) If the person is a war widow or war widower, the criterion is that the person is under 65 years of age at the time the person's eligibility for an acute support package is determined.

(6) If the person was the partner of a veteran, the criteria are as follows:

(a) the person is under 65 years of age at the time the person's eligibility for an acute support package is determined;

(b) at the time the person's eligibility for the package is determined, either or both of the following apply:

(i) the person ceased being the veteran's partner within the previous 12 months;

(ii) a child of the veteran who is under 18 years lives with the person;

(c) the Commission is satisfied that the person is experiencing, or is at risk of experiencing, crisis.

Instrument may deal with various matters

(7) Without limiting subsection (1), the instrument may make provision for and in relation to the following:

(a) additional eligibility criteria for an acute support package;

(b) criteria for the granting of assistance or benefits;

(c) the kinds of assistance or benefits that may be granted, which may include child care, counselling, household assistance, services to build capacity and academic and extra-curricular support for children;

(d) the conditions on which assistance or benefits are granted;

(e) limits (whether financial or otherwise) on the provision of assistance or benefits;

(f) the suspension or cancellation of the provision of assistance or benefits;

(g) arrangements for the payment of assistance or benefits.

(8) Without limiting paragraph (7)(a) or (b), the criteria may depend on the Commission being satisfied of one or more specified matters.

Meaning of related person etc.

(9) For the purposes of this section, a related person of a veteran is:

(a) any of the following persons:

(i) the partner of the veteran;

(ii) a parent or step-parent of the veteran;

(iii) a parent or step-parent of the partner of the veteran;

(iv) a grandparent of the veteran;

(v) a child of the veteran;

(vi) a child of the partner of the veteran;

(vii) a grandchild of the veteran;

(viii) a sibling of the veteran; or

(b) a person in respect of whom the veteran stands in the position of a parent; or

(c) a person who stands in the position of a parent to the veteran.

(10) For the purposes of this section, the partner of a veteran is a person in respect of whom at least one of the following applies:

(a) if the veteran is a member of the Aboriginal race of Australia or a descendant of Indigenous inhabitants of the Torres Strait Islands - the person is recognised as the veteran's husband, wife or spouse by the custom prevailing in the group to which the veteran belongs;

(b) the person is legally married to the veteran;

(c) a relationship between the person and the veteran (whether the person and the member are the same sex or different sexes) is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section;

(d) the person (whether of the same sex or a different sex to the member):

(i) is, in the Commission's opinion, in a de facto relationship with the veteran; and

(ii) is not an ancestor, descendant, brother, sister, half-brother or half-sister of the veteran.

(11) The definition of child in subsection 5F(1) does not apply for the purposes of this section.