Document ID: chunk:federal_register_of_legislation:F2018L00477:body:0:p1
Version: federal_register_of_legislation:F2018L00477
Segment Type: other
Provision Reference: 
Character Range: 4–3445

Repatriation Commission

Veterans' Entitlements (Veteran Payment) Instrument 2018

Instrument 2018 No. R40

The Repatriation Commission, under subsection 45SB (1) of the Veterans' Entitlements Act 1986, makes the following instrument.

Dated this          5th                      of          April                 2018

The Seal of the                                                               )
Repatriation Commission                                              )
was affixed hereto in the                                                )SEAL
presence of:                                                                    )

    Simon Lewis                                      C Orme                                                              M A Kelly
 SIMON LEWIS                            CRAIG ORME                                  Major General Mark Kelly
          PSM                                        DSC AM CSC                                                            AO DSC
    PRESIDENT                         DEPUTY PRESIDENT                                         COMMISSIONER

Part 1 — Preliminary

1 Name

  This instrument is the Veterans' Entitlements (Veteran Payment) Instrument 2018.

2 Commencement

  This instrument commences, or is taken to have commenced, on 1 May 2018.

3 Authority

  This instrument is made under section 45SB of the Act.

4 Purpose

  The purpose of this instrument is to provide for the making of an interim payment (known as the "veteran payment") to certain members and former members of the Australian Defence Force and their partners where the member or former member has made a claim for a service injury or disease that is a mental injury or disease under the MRCA or the DRCA.

5 Definitions

  In this instrument:

Act means the Veterans' Entitlements Act 1986.

  DRCA means the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988.

MRCA means the Military Rehabilitation and Compensation Act 2004.

  payment period – see section 6.

  primary person means a person who has made a claim referred to in paragraph 45SB(1)(a) of the Act.

  Note: The following terms used in this instrument are defined in the Act:
  Commission (s5A)
  Partner (s5E(1))

6 Meaning of payment period

    (1) Subject to subsections (2) and (3), the payment period for a primary person is the period that:

         (a)                starts on the day that is 14 days before the day on which he or she makes:

              (i)                 a claim under section 319 of the MRCA of a kind covered by paragraph 319(1)(a) of that Act; or

              (ii)               a claim under section 54 of the DRCA; and

         (b) ends on the day that is 42 days after the day on which that claim is determined.

    (2) If the person's claim under paragraph 319(1)(a) of the MRCA is for more than one:

         (a) injury (within the meaning of that Act) sustained by the primary person that is a mental injury, including the recurrence of a mental injury; or

         (b) disease (within the meaning of that Act) contracted by the primary person that is a mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), including the recurrence of such an ailment, disorder, defect or morbid condition;

    the payment period ends on the day that is 42 days after the day of the determination of the