Budget Savings (Omnibus) Act 2016 (55 of 2016)

Schedule 21   Closing carbon tax compensation to new welfare recipients

Part 4   Energy supplement under the Veterans' Entitlements Act

Veterans' Entitlements Act 1986

104   After subsection 118P(1)

Insert:

(1A) Subject to subsections (1C), (1E) and (1G), subsection (1) applies to a person on or after the commencement of this subsection only if on 19 September 2016:

(a) energy supplement was payable to the person under section 118PA; or

(b) energy supplement was payable to the person under section 1061UA of the Social Security Act 1991.

Note: For subsection (1) to apply to the person on a day on or after that commencement, the person needs to satisfy paragraphs (1)(a) to (b) on that day.

(1B) Subject to subsection (1G), if:

(a) energy supplement was payable to a person under section 118PA, or section 1061UA of the Social Security Act 1991, on 19 September 2016; and

(b) energy supplement ceases to be payable to the person under either of those sections on or after 20 September 2016;

then subsection (1) of this section does not apply, and never again applies, to the person from:

(c) if the cessation occurred before the commencement of this subsection - the start of the day this subsection commences; or

(d) if the cessation occurred on or after the commencement of this subsection - the start of the day of that cessation.

(1C) If:

(a) a person was not eligible for energy supplement under subsection (1) on 19 September 2016; and

(b) on 19 September 2016 the person was receiving an income support payment (within the meaning of the Social Security Act 1991), where energy supplement was used to work out the rate of that payment; and

(c) on a day (the cessation day )on or after the commencement of this subsection the person ceases to be in receipt of any income support payment (within the meaning of the Social Security Act 1991); and

(d) on the day before the cessation day the person was receiving an income support payment (within the meaning of the Social Security Act 1991) where energy supplement was used to work out the rate of that payment; and

(e) the person is required to make a claim for a seniors health card in order for such a card to be granted to the person;

the person can become eligible for energy supplement under subsection (1) only if the person makes a claim for a seniors health card within the period of 6 weeks beginning on the cessation day.

(1D) Subject to subsection (1G), if:

(a) as a result of a claim mentioned in subsection (1C), a person becomes the holder of a seniors health card on a day; and

(b) energy supplement ceases to be payable to the person under section 118PA on or after that day;

then subsection (1) of this section does not apply, and never again applies, to the person from the start of the day of that cessation.

(1E) If:

(a) a person was not eligible for energy supplement under subsection (1) on 31 December 2016; and

(b) on that day, the person was receiving a service pension and an amount of energy supplement was added to the rate of that pension; and

(c) under subsection 118XA(3), the Commission made a determination under section 118ZG that the person is entitled to a seniors health card;

the person can become eligible for energy supplement under subsection (1) of this section because of being the holder of that card.

(1F) Subject to subsection (1G), if:

(a) as mentioned in paragraph (1E)(c), a person becomes the holder of a seniors health card on a day; and

(b) energy supplement ceases to be payable to the person under section 118PA on or after that day;

then subsection (1) of this section does not apply, and never again applies, to the person from:

(c) if the cessation occurred before the commencement of this subsection - the start of the day this subsection commences; or

(d) if the cessation occurred on or after the commencement of this subsection - the start of the day of that cessation.

(1G) If:

(a) on a day on or after 20 September 2016 the person ceases to hold a seniors health card under this Act or the Social Security (Administration) Act 1999; and

(b) on that day the person receives an income support payment (within the meaning of the Social Security Act 1991) where energy supplement was used to work out the rate of that payment; and

(c) on a day (the cessation day )on or after the commencement of this subsection the person ceases to be in receipt of any income support payment (within the meaning of the Social Security Act 1991); and

(d) on the day before the cessation day the person was receiving an income support payment (within the meaning of the Social Security Act 1991) where energy supplement was used to work out the rate of that payment; and

(e) the person is required to make a claim for a seniors health card in order for such a card to be granted to the person;

the person can become eligible for energy supplement under subsection (1) only if the person makes a claim for a seniors health card within the period of 6 weeks beginning on the cessation day.