Commonwealth: Veterans' Affairs Legislation Amendment Act 1990 (Cth)

Veterans' Affairs Legislation Amendment Act 1990 No. 2 of 1991 TABLE OF PROVISIONS PART 1—PRELIMINARY Section 1. Short title 2. Commencement 3. Application PART 2—AMENDMENTS OF THE DEFENCE SERVICE HOMES ACT 1918 4. Principal Act 5. Interpretation 6. Approval of amending agreement 7. Interpretation 8. Regular Serviceman 9. Criteria for issue of certificate of entitlement: advances other than widows' advances and advances for essential repairs 10. Repeal of section 19 and insertion of new section: 19. Criteria for issue of certificate of entitlement: further advance 11. Criteria for issue of certificate of entitlement: widows' advances 12. Criteria for issue of certificate of entitlement: advances made for essential repairs 13. Certificate of entitlement: transfer of property subject to specified portfolio asset or advance 14. Certificate of entitlement: instalment relief 15. Maximum amounts for which subsidy is payable 16. Repeal of section 34 and insertion of new section: 34. Rate of interest on further advances 17. Maximum terms of advances 18. Review of decisions by Administrative Appeals Tribunal 19. Insertion of Schedule 20. Consequential and minor amendments 21. Savings TABLE OF PROVISIONS—continued Section PART 3—AMENDMENTS OF THE PUBLIC SERVICE ACT 1922 22. Interpretation PART 4—AMENDMENTS OF THE SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 23. Principal Act 24. Pensions to dependants of certain deceased Australian mariners 25. Insertion of new section: 19. Clothing allowance 26. Allowance for attendant 27. Insertion of new section: 22. Variation of rate of certain allowances 28. Provision of tax file numbers 29. Tax file numbers 30. Review of decisions etc. 31. Recovery of overpayments 32. Recovery of overpayments by deduction from other pension, benefit or allowance 33. Regulations 34. Schedule 2 PART 5—AMENDMENT OF THE SOCIAL SECURITY AND VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT (NO. 4) 1989 35. Principal Act PART 6—AMENDMENTS OF THE VETERANS' ENTITLEMENTS ACT 1986 36. Principal Act 37. Interpretation 38. Operational service 39. Eligibility for pension 40. Increased rates of pension in certain cases 41. Interpretation 42. Meaning of qualifying service 43. Method of calculation of income 44. Accruing return investments 45. Market-linked investments 46. Special provisions about certain investments made or acquired before 9 September 1988 47. Determinations of entitlement of persons holding market-linked investments 48. Treatment of costs of investment 49. Certain capital amounts taken to be received over 12 months 50. Rate of veteran's service pension 51. Earnings credit 52. Calculation of value of property 53. Income from loans 54. Insertion of new section: 50c. Income from certain money 55. Rent assistance 56. Remote area allowance 57. Repeal of section 64 58. Interpretation 59. Application of Part to members of the Forces 60. Eligibility for pension under this Part 61. Veterans eligible to be provided with treatment 62. Dependants eligible to be provided with treatment 63. Clothing allowance 64. Attendant allowance 65. Funeral benefits—veterans TABLE OF PROVISIONS—continued Section 66. Recreation transport allowance 67. Interpretation 68. Part heading 69. Interpretation 70. Rate of pharmaceutical supplements 71. Advance pharmaceutical supplements for advance pensioners A 72. Further advance pharmaceutical supplements for continuing advance pensioners A 73. Advance pharmaceutical supplements for advance pensioners B 74. Pharmaceutical supplements not additional to advance pharmaceutical supplements 75. Insertion of new sections: 118ja. Qualification for pharmaceutical allowance 118jb. Rate of pharmaceutical allowance 118jc. Payment of pharmaceutical allowance 76. Pharmaceutical allowances not payable to advance pensioners A during advance payment period 77. Pharmaceutical allowances not payable to advance pensioners B during advance payment period 78. Advances and eligibility for entitlement card 79. Maximum benefit 80. Instalments of pension 81. Power to obtain information 82. Provision of tax file numbers 83. Tax file numbers 84. Statements of decisions of the Board etc. 85. Procedure of Board 86. Insertion of new section: 155a. Review by Administrative Appeals Tribunal 87. Applications for review 88. Variation of rates of certain pensions 89. Indexation of income test "free area" 90. Insertion of new section: 198d. Variation of rates of certain allowances etc. 91. Recovery of overpayments 92. Schedule 2 PART 7—TRANSITIONAL 93. Certain claims and applications made on or before 8 November 1990 SCHEDULE 1 INSERTION OF SCHEDULE 1a SCHEDULE 2 CONSEQUENTIAL AND MINOR AMENDMENTS OF THE DEFENCE SERVICE HOMES ACT 1918 Veterans' Affairs Legislation Amendment Act 1990 No. 2 of 1991 An Act to amend the law relating to veterans' affairs, and for related matters [Assented to 8 January 1991] The Parliament of Australia enacts: PART 1—PRELIMINARY Short title 1. This Act may be cited as the Veterans' Affairs Legislation Amendment Act 1990. Commencement: Day of Royal Assent Commencement 2. Each provision of this Act commences, or is taken to have commenced, as the case requires, on the day, or at the time, shown by the note in italics at the foot of the provision. Commencement: Day of Royal Assent Application 3. (1) The amendments of section 19 and Schedule 2 to the Seamen's War Pensions and Allowances Act 1940 made by this Act apply to payments under that Act that fall due on or after 20 September 1990. (2) The amendments of subsection 5 (14) and section 121 of the Veterans' Entitlements Act 1986 made by this Act apply to payments under that Act that fall due on or after 28 December 1989, other than payments in relation to periods ending before that day. (3) The amendments of sections 27, 97, 98 and 104 of the Veterans' Entitlements Act 1986 made by this Act apply to payments under that Act that fall due on or after 20 September 1990. (4) The amendments of sections 35, 37, 37c, 37d, 37e, 37g, 37h, 37j, 47, 50 and 64 of the Veterans' Entitlements Act 1986 made by this Act apply to payments under that Act that fall due on or after the day on which this Act receives the Royal Assent. (5) The amendments of paragraph 36 (1) (b) of the Veterans' Entitlements Act 1986 made by this Act apply to decisions made on or after the day on which this Act receives the Royal Assent. (6) The amendment of section 55 of the Veterans' Entitlements Act 1986 made by this Act applies to payments under that Act that fall due on or after 20 March 1991. (7) The amendment of section 70 of the Veterans' Entitlements Act 1986 made by this Act applies to all claims for pension under Part IV of the Veterans' Entitlements Act 1986 that: (a) are made on or after the day on which this Act receives the Royal Assent; or (b) were made before the day on which this Act receives the Royal Assent but were not finally determined at that date. (8) The amendments of subsection 198b (4) of the Veterans' Entitlements Act 1986 made by this Act apply to payments under that Act that fall due on or after 1 July 1991. Commencement: Day of Royal Assent PART 2—AMENDMENTS OF THE DEFENCE SERVICE HOMES ACT 1918 Principal Act 4. In this Part, "Principal Act" means the Defence Service Homes Act 19181. Commencement: Day of Royal Assent Interpretation 5. In this Part, "amending agreement" means the agreement a copy of which is set out in Schedule 1. Commencement: Day of Royal Assent Approval of amending agreement 6. The amending agreement and its execution on behalf of the Commonwealth are approved. Commencement: Day of Royal Assent Interpretation 7. Section 4 of the Principal Act is amended: (a) by omitting "in force from time to time" from the definition of "agreement" in subsection (1) and substituting "amended by the agreement a copy of which is set out in Schedule 1a"; Commencement: Day of Royal Assent (b) by omitting "while the person" from subparagraph (g) (ii) of the definition of "Australian Soldier" in subsection (1) and substituting "as a person who"; Commencement: Immediately after the commencement of the Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Amendment Act 1986 (c) by omitting paragraph (ga) of the definition of "Australian Soldier" in subsection (1) and substituting the following paragraph: "(ga) a person who, as a member of the Defence Force or as a member of a unit of the Defence Force, was allotted for duty within the meaning of subsection 5 (12) of the Veterans' Entitlements Act 1986 in the operational area described in item 9 of Schedule 2 to that Act during the period specified in that item;"; Commencement: 18 February 1989 (d) by inserting the following paragraph after paragraph (ga) of the definition of "Australian Soldier" in subsection (1): "(gb) a person who, as a member of the Defence Force or as a member of a unit of the Defence Force, was allotted for duty within the meaning of subsection 5 (12) of the Veterans' Entitlements Act 1986 in the operational area described in item 10 of Schedule 2 to that Act during the period specified in that item and whose first service in the Defence Force began on or before 14 May 1985;"; Commencement: 2 August 1990 (e) by inserting "(other than a widow's advance or an advance for essential repairs)" after "subsidised advance" in the definition of "further advance" in subsection (1); Commencement: Day of Royal Assent (f) by omitting "otherwise than merely because the person is or was the personal representative of a deceased purchaser or borrower as so defined" from paragraph (a) of the definition of "further advance" in subsection (1) and substituting: "otherwise than: (i) merely because the person is or was the personal representative of a deceased purchaser or borrower as so defined; or (ii) merely because the person is or was a joint purchaser or borrower as so defined with the person's spouse and became such a purchaser or borrower on the basis that the person's spouse was an eligible person;"; Commencement: Day of Royal Assent (g) by omitting "otherwise than merely because the person is or was the personal representative of a deceased purchaser or borrower as so defined" from the definition of "initial advance" in subsection (1) and substituting: "otherwise than: (a) merely because the person is or was the personal representative of a deceased purchaser or borrower as so defined; or (b) merely because the person is or was a joint purchaser or borrower as so defined with the person's spouse and became such a purchaser or borrower on the basis that the person's spouse was an eligible person;"; Commencement: Day of Royal Assent (h) by inserting in subsection (1) the following definitions: " 'approved' means approved by the Minister in writing for the purposes of this Act; 'balance' has the same meaning as in the agreement; 'limit' has the same meaning as in the agreement; 'retirement village' means: (a) a retirement village registered under an approved law of a State or Territory; or (b) in the case of a State or Territory that has no approved law—a retirement village within the meaning of the Veterans' Entitlements Act 1986;"; Commencement: Day of Royal Assent (j) by inserting in paragraph (2) (a) "within the meaning of subsection 5 (12) of the Veterans' Entitlements Act 1986" after "operational area". Commencement: Immediately after the commencement of the Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Amendment Act 1986 (k) by adding at the end the following subsections: "(6) For the purposes of this Act a person is taken, subject to subsection (7), to have a right of residence in a retirement village if the person has a right of permanent residence in the retirement village, subject to any contractual conditions governing the person's residence. "(7) For the purposes of this Act a person is not taken to have a right of residence in a retirement village if the person's right of residence is derived from the person's interest in a holding of the person. "(8) In this Act, a reference to a person's retirement village accommodation means that part of a retirement village in which the person has, or the person and the person's spouse have, obtained a right of residence.". Commencement: Day of Royal Assent Regular Serviceman 8. Section 4aaa is amended by omitting "but does not include a person whose first service in the Defence Force began after 14 May 1985" and substituting "but not if the person's first service in the Defence Force began after 14 May 1985". Commencement: Day of Royal Assent Criteria for issue of certificate of entitlement: advances other than widows' advances and advances for essential repairs 9. Section 18 of the Principal Act is amended: (a) by omitting paragraph (1) (b) and substituting the following word and paragraph: "; and (b) the person: (i) is neither the owner of any dwelling-house; nor (ii) has a right of residence in a retirement village; other than the dwelling-house or right of residence, as the case may be, in respect of which the advance is payable; and"; (b) by adding at the end of paragraph (1) (c) "and"; (c) by omitting paragraph (1) (e) and substituting the following word and paragraph: "; and (e) if the person has a husband or wife (other than a husband or wife from whom he or she is permanently separated)—the husband or wife: (i) is neither the owner of any dwelling-house; nor (ii) has a right of residence in a retirement village; other than the dwelling-house or right of residence, as the case may be, in respect of which the advance is payable; and"; (d) by inserting "or retirement village accommodation" after "dwelling-house" in paragraph (1) (f); (e) by adding at the end of paragraph (2) (a) "or"; (f) by omitting paragraphs (2) (b) to (e) and substituting the following paragraphs: "(b) to purchase a holding and build a dwelling-house on the holding; or (c) to purchase a dwelling-house together with the holding on which it is built; or (d) to complete a partially built dwelling-house on a holding owned by the person; or (e) to enlarge a dwelling-house on a holding owned by the person; or"; (g) by adding at the end of subsection (2) the following word and paragraphs: "; or (g) to obtain a right of residence in a retirement village; or (h) to complete the person's partially-built retirement village accommodation; or (j) to enlarge the person's retirement village accommodation; or (k) to discharge any debt owed by the person in relation to obtaining the person's right of residence in a retirement village."; (h) by omitting paragraph (3) (a) and substituting the following paragraph: "(a) to enlarge: (i) a dwelling-house on a holding owned by the person; or (ii) a person's retirement village accommodation; to the extent necessary to provide essential extra sleeping accommodation or to install essential utility services; or"; (j) by adding at the end of paragraphs (3) (b) and (c) "or"; (k) by omitting paragraph (3) (d) and substituting the following paragraph: "(d) to raise: (i) a dwelling-house on a holding owned by the person; or (ii) a person's retirement village accommodation; above the level of periodic flooding; or"; (m) by adding at the end of subsection (3) the following word and paragraph: "; or (f) to discharge any debt owed by the person in relation to obtaining the person's right of residence in a retirement village."; (n) by omitting from subsection (4) "The" and substituting "Subject to subsection (5a), the"; (p) by inserting after subsection (4) the following subsection: "(4a) The Secretary must not issue a certificate of entitlement in relation to subsidy on an initial advance, an additional advance or a further advance that a person may seek from the Bank for the purposes referred to in paragraph (2) (k) or (3) (f) unless satisfied that: (a) the debt was incurred by the person with the approval of the Secretary; or (b) the terms for repayment of the debt are onerous and having regard to the person's income, compliance with those terms is causing the person serious financial hardship; or (c) the person is suffering serious financial hardship for other reasons beyond the control of the person."; (q) by inserting after subsection (5) the following subsections: "(5a) The Secretary may issue a certificate of entitlement in relation to subsidy on an initial advance, an additional advance or a further advance for the purposes referred to in paragraphs (2) (f) or (g) or (3) (e) or (f) if the Secretary considers it necessary to do so to give effect: (a) to a decision made by a person under subsection 43 (6); or (b) to a direction of the Administrative Appeals Tribunal. "(5b) In deciding whether a person is suffering serious financial hardship for the purposes of paragraph (4) (c) or (d) or (4a) (b) or (c), the Secretary is to have regard to any guidelines approved by the Minister under subsection (5c). "(5c) The Minister may approve guidelines setting out matters to be taken into account in deciding whether a person is suffering serious financial hardship for the purposes of this Act. "(5d) Guidelines approved by the Minister in accordance with this section are disallowable instruments for the purposes of section 46a of the Acts Interpretation Act 1901. "(5e) For the purposes of this section, the terms of a mortgage, charge or encumbrance are onerous if the interest rate under the mortgage, charge or encumbrance is not less than 120% of the Benchmark rate as calculated under the agreement.". Commencement: Day of Royal Assent 10. (1) Section 19 of the Principal Act is repealed and the following section is substituted: Criteria for issue of certificate of entitlement: further advance "19. The Secretary must not issue a certificate of entitlement in relation to subsidy on a further advance to a person unless the person is or was a purchaser or borrower in relation to a Corporation advance, a subsidised advance or a contract of sale on or after 9 December 1987.". (2) Where: (a) a person is a prescribed person within the meaning of subsection 19 (2) of the Principal Act as in force immediately before the commencement of this subsection; and (b) the person had, before the commencement of subsection (1), applied for a certificate of entitlement in relation to a subsidy on a subsidised advance; and (c) the application has not been finally determined at the commencement of this subsection; the Secretary is to determine the person's application as if section 19 of the Principal Act as in force immediately before the commencement of this section had not been repealed. (3) If: (a) the Minister has, before the commencement of this section, approved the issue to a person of a certificate of entitlement under section 19 of the Principal Act as in force immediately before the commencement of this section; and (b) the person applies for the certificate of entitlement before the end of 12 months after the commencement of this section; the Secretary may issue the certificate of entitlement to the person but must not do so otherwise. (4) A certificate of entitlement issued by the Secretary under subsection (3) is taken to have been issued under section 19 of the Principal Act as in force immediately before the commencement of this section. Commencement: Day of Royal Assent Criteria for issue of certificate of entitlement: widows' advances 11. Section 20 of the Principal Act is amended by adding at the end the following subsections: "(3) In deciding whether a person is suffering financial hardship for the purposes of paragraph (2) (a) or (b), the Secretary is to have regard to any guidelines approved by the Minister under subsection (4). "(4) The Minister may approve guidelines setting out matters to be taken into account in deciding whether a person is suffering financial hardship for the purposes of this Act. "(5) Guidelines approved by the Minister in accordance with this section are disallowable instruments for the purposes of section 46a of the Acts Interpretation Act 1901.". Commencement: Day of Royal Assent Criteria for issue of certificate of entitlement: advances made for essential repairs 12. Section 21 of the Principal Act is amended by adding at the end the following subsections: "(2) In deciding whether a person is suffering serious financial hardship for the purposes of paragraph (1) (d), the Secretary is to have regard to any guidelines approved by the Minister under subsection (3). "(3) The Minister may approve guidelines setting out matters to be taken into account in deciding whether a person is suffering serious financial hardship for the purposes of this Act. "(4) Guidelines approved by the Minister in accordance with this section are disallowable instruments for the purposes of section 46a of the Acts Interpretation Act 1901.". Commencement: Day of Royal Assent Certificate of entitlement: transfer of property subject to specified portfolio asset or advance 13. (1) Section 22 of the Principal Act is amended: (a) by omitting from subsection (3) "to a proposed transferee who is not an eligible person" and substituting "only to a proposed transferee who is an eligible person"; (b) by omitting from subsection (6) "is" (first occurring) and substituting "has been". (2) Where: (a) the Secretary had, before the commencement of this section, given written notice to a proposed transferee that the Secretary would, in the absence of a significant change in the proposed transferee's circumstances, issue a certificate of entitlement under subsection 22 (2) of the Principal Act as in force immediately before the commencement of this section; and (b) the proposed transferee applies for the certificate of entitlement before the end of 12 months after the commencement of this section; the Secretary may issue the certificate of entitlement but must not do so otherwise. Commencement: Day of Royal Assent Certificate of entitlement: instalment relief 14. Section 23 of the Principal Act is amended by adding at the end the following subsections: "(5) In deciding whether a person is suffering financial hardship for the purposes of subsection (1), the Secretary is to have regard to any guidelines approved by the Minister under subsection (6). "(6) The Minister may approve guidelines setting out matters to be taken into account in deciding whether a person is suffering financial hardship for the purposes of this Act. "(7) Guidelines approved by the Minister in accordance with this section are disallowable instruments for the purposes of section 46a of the Acts Interpretation Act 1901.". Commencement: Day of Royal Assent Maximum amounts for which subsidy is payable 15. Section 25 of the Principal Act is amended by omitting paragraph (1) (d) and substituting the following paragraph: "(d) in the case of a further advance—an amount equal to: (i) the limit of the last Corporation advance, subsidised advance or contract of sale in relation to which the person was a borrower or purchaser; or (ii) $25,000; whichever is less.". Commencement: Day of Royal Assent 16. Section 34 of the Principal Act is repealed and the following section is substituted: Rate of interest on further advances "34. The rate of interest that is to be specified under paragraph 17 (3) (d) in a certificate of entitlement in relation to a further advance that a person may seek from the Bank is 6.85% per year.". Commencement: Day of Royal Assent Maximum terms of advances 17. Section 36 of the Principal Act is amended: (a) by omitting paragraph (1) (c); (b) by omitting from paragraph (1) (d) "to which paragraph (c) does not apply". Commencement: Day of Royal Assent Review of decisions by Administrative Appeals Tribunal 18. Section 44 of the Principal Act is amended: (a) by omitting from subsection (1) all words to and including "as the case may be", and substituting "Where a person makes a decision under subsection 43 (6) affirming or varying a reviewable decision, the person"; (b) by omitting from subsection (3) "or a decision by the Minister refusing to give an approval under section 19". Commencement: Day of Royal Assent 19. The Principal Act is amended by inserting after Schedule 1 the Schedule set out in Schedule 1 to this Act. Commencement: Day of Royal Assent Consequential and minor amendments 20. The Principal Act is further amended as set out in Schedule 2. Commencement: Day of Royal Assent Savings 21. (1) Where the Secretary issues a certificate of entitlement to a person under section 19 of the Principal Act as in force immediately before the commencement of this section (see subsections 10 (2) and (3) of this Act), sections 25 and 34 and subparagraph 36 (1) (c) (ii) of the Principal Act as in force immediately before the commencement of sections 15, 16 and 17 of this Act apply in relation to the certificate of entitlement. (2) Where: (a) section 19 of the Principal Act as in force immediately before the commencement of section 18 of this Act applies to a person's application for a certificate of entitlement (see subsections 10 (2) and (3) of this Act); and (b) the Minister makes a decision in relation to the application refusing to give an approval under that section of the Principal Act; section 44 of the Principal Act as in force immediately before the commencement of section 18 applies in relation to the Minister's decision. Commencement: Day of Royal Assent PART 3—AMENDMENTS OF THE PUBLIC SERVICE ACT 1922 Interpretation 22. Section 7 of the Public Service Act 19222 is amended: (a) by omitting "while the person" from paragraph (f) of the definition of "Returned Soldier" in subsection (1) and substituting "as a person who"; Commencement: Immediately after the commencement of the Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Amendment Act 1986 (b) by omitting "or 8" from the definition of "Returned Soldier" in subsection (1) and substituting ", 8 or 9"; Commencement: 18 February 1989 (c) by omitting "or 9" from the definition of "Returned Soldier" in subsection (1) and substituting ", 9 or 10". Commencement: 2 August 1990 PART 4—AMENDMENTS OF THE SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 Principal Act 23. In this Part, "Principal Act" means the Seamen's War Pensions and Allowances Act 19403. Commencement: Day of Royal Assent Pensions to dependants of certain deceased Australian mariners 24. Section 17a of the Principal Act is amended: (a) by adding at the end of subsection (1) the following word and paragraph: "or (c) a pension, the rate of which had been increased under subsection 18 (4aa)."; (b) by omitting from paragraph (3) (a) "(1) (a) or (b)" and substituting "(1) (a), (b) or (c)". Commencement: 22 December 1988 25. (1) The Principal Act is amended by inserting after section 18a the following section: Clothing allowance "19. (1) The Commission may grant to an Australian mariner who is receiving a pension in respect of a disability described in Column 2 of the following table a clothing allowance at the rate specified, in relation to that disability, in Column 3 of the table: Column 1 Column 2 Column 3 Item Description of disability Rate per fortnight $ 1 One leg and one arm amputated........... 7.20 2 Both legs or both arms amputated.......... 4.60 3 One leg amputated (causing essential hip disarticulation) 4.60 4 One leg or one arm amputated............ 3.30 5 Blindness of both eyes................. 3.30 "(2) Where an Australian mariner has been granted a clothing allowance in respect of a disability referred to in item 2, 3 or 4 (in Column 1) of the table in subsection (1), the Commission may, if it is satisfied that it is necessary for the mariner to use a crutch or crutches in addition to another artificial aid, increase the rate of that allowance to an amount per fortnight equal to the amount specified in item 1 (in Column 3) of the table in subsection (1). "(3) Where an Australian mariner is receiving a pension in respect of a disability, other than a disability referred to in subsection (1), that results in exceptional wear and tear or damage to the mariner's clothing, the Commission may grant to the mariner a clothing allowance of such an amount, or at such a rate, as it determines. "(4) The amount payable under subsection (3), whether paid in a lump sum or by instalments, must not, in any 12 month period, exceed an amount equal to the sum of 26 fortnightly instalments of the amount specified in item 4 (in Column 3) of the table in subsection (1). "(5) An allowance under subsection (3) may be granted to an Australian mariner entitled to an allowance in respect of a disability referred to in subsection (1) in addition to the allowance payable under subsection (1) or (2). "(6) For the purposes of this section: (a) an Australian mariner who has had a hand amputated is taken to have had an arm amputated; and (b) an Australian mariner who has had a foot amputated is taken to have had a leg amputated; and (c) an Australian mariner is taken to be blind where the Commission is of the opinion that the mariner's eyesight in the eye is so defective that the mariner has no useful sight in that eye. "(7) An application for an allowance under this section: (a) must be in accordance with a form approved by the Commission; and (b) must be accompanied by such certificates and other evidence (relevant to the applicant's entitlement to the allowance) as are required to be provided by this Act or the form of application; and (c) must be made by sending the application to the Secretary at an address of the Department in Australia together with any certificates and evidence referred to in paragraph (b). "(8) An application for an allowance under this section may be made: (a) by the person eligible to be granted the allowance; or (b) with the approval of that person or of the Commission under subsection (9), by another person on behalf of that person. "(9) Where a person eligible to be granted an allowance under this section is unable, because of physical or mental ailment, to approve a person to make an application for that allowance on his or her behalf, the Commission may approve a person to make the application on his or her behalf. "(10) Where an application for an allowance under this section is made by a person on behalf of another person, the other person on whose behalf the application is made, and not the person making the application on behalf of that other person, is to be treated as the applicant. "(11) For the purposes of this section, where: (a) a person makes a written application for an allowance under this section, but otherwise than in accordance with a form approved for the purposes of subsection (7); and (b) the person subsequently makes an application for the allowance in accordance with a form so approved: (i) at a time when the person had not been notified by the Department, in writing, that it would be necessary to make the application in accordance with a form so approved; or (ii) within 3 months after the person had been so notified; the Commission may treat the application referred to in paragraph (b) as having been received at an address of the Department in Australia on the date on which the application referred to in paragraph (a) was so received. "(12) An allowance under this section payable to an Australian mariner because the mariner is suffering incapacity from a war injury is payable: (a) if application for the allowance is made within 3 months after the date on which the determination was made under this Act determining that the injury was a war injury—as from the date on which that determination was made; or (b) in any other case—as from the first pension payday after the date on which the mariner's application for the allowance in respect of that war injury is received at an address of the Department in Australia. "(13) Where the Commission makes a decision with respect to an application for an allowance under this section, section 8a applies to the decision in the same way that it applies to a decision relating to a prescribed matter within the meaning of that section.". (2) A person who has applied for a clothing allowance under the Seamen's War Pensions and Allowances Regulations made under the Principal Act but whose application has not been finally determined before the commencement of this section is taken, after the commencement of this section, to have applied for a clothing allowance under section 19 of the Principal Act. (3) Where a person was, immediately before the commencement of this section, receiving a clothing allowance under the Seamen's War Pensions and Allowances Regulations made under the Principal Act, the Principal Act applies to the person after the commencement of this section as if the person had been receiving a clothing allowance under section 19 of the Principal Act. Commencement: 20 September 1990 Allowance for attendant 26. Section 21 of the Principal Act is amended by omitting from subsection 21 (2) "$78.20 per fortnight" and substituting "an amount per fortnight equal to the amount specified in item 1 (in Column 2) of the table in Schedule 2". Commencement: 20 September 1990 27. The Principal Act is amended by inserting after section 21 the following section: Variation of rate of certain allowances "22. (1) In this section, unless the contrary intention appears: index number', in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Statistician in respect of that quarter; 'relevant rate' means: (a) the rate specified in item 1, 2, 3, 4 or 5 (in Column 3) of the table in subsection 19 (1); or (b) the rate specified in item 1, 2, 3, 4 or 5 (in Column 2) of Schedule 2; 'relevant year' means: (a) the year commencing on 20 September 1991; or (b) any later year commencing on 20 September; 'Statistician' means the Australian Statistician. "(2) Subject to subsection (3), if at any time, whether before or after the commencement of this section, the Statistician has published or publishes an index number in respect of a quarter in substitution for an index number previously published by the Statistician in respect of that quarter, the publication of the later index number is to be disregarded for the purposes of this section. "(3) If at any time, whether before or after the commencement of this section, the Statistician has changed or changes the reference base for the consumer price index, then, for the purposes of this section after the change took place or takes place, regard is to be had only to index numbers published in terms of the new reference base. "(4) Where the factor ascertained, in relation to a relevant year, in accordance with subsection (5) is greater than 1, this Act has effect as if for each relevant rate there were substituted, on the first day of that year: (a) subject to paragraph (b)—a rate calculated by multiplying by that factor: (i) in a case to which subparagraph (ii) does not apply—the relevant rate; or (ii) if, by virtue of another application or several other applications of this section, this Act has had effect as if another rate were substituted, or other rates were successively substituted, for the relevant rate—the substituted rate or the last substituted rate, as the case may be; or (b) where the rate so calculated (in this paragraph referred to as the 'calculated rate') is not a multiple of $0.10 per fortnight—a rate equal to: (i) if the calculated rate exceeds the next lower rate that is such a multiple by $0.05 or more per fortnight—the next higher rate that is such a multiple; or (ii) if the calculated rate exceeds the next lower rate that is such a multiple by less than $0.05 per fortnight—that next lower rate. "(5) The factor to be ascertained for the purposes of subsection (4) in relation to a relevant year: (a) is the number, calculated to 3 decimal places, ascertained by dividing: (i) if the relevant year commences on 20 September 1991— the index number for the last preceding June quarter; or (ii) if the relevant year commences on 20 September in a later year—the index number for the last preceding June quarter; by the highest index number in respect of a June quarter that preceded that quarter, not being a June quarter that occurred before the June quarter 1990; or (b) if the number so ascertained would, if it were calculated to 4 decimal places, end in a number greater than 4—is the number so ascertained increased by 0.001. "(6) Where, by virtue of the application of this section, this Act has effect as if another rate were substituted for a relevant rate on the first day of a relevant year, the substitution, in so far as it affects instalments of allowances, has effect in relation to every instalment of such an allowance that falls due on or after the first day of that year.". Commencement: Day of Royal Assent Provision of tax file numbers 28. Section 32aa of the Principal Act is amended by adding at the end the following subsections: "(3) The Secretary may waive the requirement for a statement of the qualified person's spouse's tax file number if satisfied that the person: (a) does not know that number; and (b) can obtain none of the following from the spouse: (i) that number; (ii) a statement of that number; (iii) a declaration by the spouse under paragraph (2) (a). "(4) In this section: 'tax file number' has the same meaning as in Part Va of the Income Tax Assessment Act 1936.". Commencement: Immediately after the commencement of section 31 of the Social Security and Veterans' Affairs Legislation Amendment Act (No. 2) 1990 Tax file numbers 29. Section 32ab of the Principal Act is repealed. Commencement: Immediately after the commencement of Parts 7 and 8 of the Social Security Legislation Amendment Act 1990 Review of decisions etc. 30. Section 37a of the Principal Act is amended: (a) by inserting in subsection (1) "this Act or" after "given under"; (b) by inserting in subsection (3) "this Act or" after "in accordance with". Commencement: 20 September 1990 Recovery of overpayments 31. Section 55a of the Principal Act is amended: (a) by omitting from paragraph (1) (b) "prescibed" and substituting "prescribed"; (b) by inserting in subsection (8) the following definition: " 'prescribed educational scheme' means: (a) the Aboriginal Overseas Study Assistance Scheme; or (b) the ABSTUDY Scheme; or (c) the Assistance for Isolated Children Scheme; or (d) the AUSTUDY Scheme; or (e) the English as a Second Language Allowance Scheme; or (f) the Post-graduate Awards Scheme; or (g) the scheme to provide an allowance known as the Adult Migrant Education Program Living Allowance; or (h) the scheme to provide an allowance known as the Maintenance Allowance for Refugees; or (j) a scheme prescribed for the purposes of this definition;". Commencement: Day of Royal Assent Recovery of overpayments by deduction from other pension, benefit or allowance 32. Section 55aa of the Principal Act is amended by omitting from paragraph (c) "or" (fourth occurring) and substituting "of. Commencement: Day of Royal Assent Regulations 33. Section 59 of the Principal Act is amended by omitting paragraph (1) (ea). Commencement: 20 September 1990 Schedule 2 34. Schedule 2 to the Principal Act is amended: (a) by omitting "78.20" (wherever occurring) and substituting "84.30"; (b) by omitting "156.40" (wherever occurring) and substituting "168.60". Commencement: 20 September 1990 PART 5—AMENDMENT OF THE SOCIAL SECURITY AND VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT (NO. 4) 1989 Principal Act 35. Section 81 of the Social Security and Veterans' Affairs Legislation Amendment Act (No. 4) 19894 is amended by omitting "Act" (first occurring) and substituting "Part". Commencement: Immediately after the commencement of section 81 of the Social Security and Veterans' Affairs Legislation Amendment Act (No. 4) 1989 PART 6—AMENDMENTS OF THE VETERANS' ENTITLEMENTS ACT 1986 Principal Act 36. In this Part, "Principal Act" means the Veterans' Entitlements Act 19865. Commencement: Day of Royal Assent Interpretation 37. Section 5 of the Principal Act is amended: (a) by inserting in subsection (1) the following definition: " 'tax file number' has the same meaning as in Part Va of the Income Tax Assessment Act 1936;"; Commencement: Immediately after the commencement of section 24 of the Social Security and Veterans' Affairs Legislation Amendment Act (No. 2) 1990 (b) by omitting from subsection (12) "to a person, or unit of the Defence Force"; Commencement: Immediately after the commencement of the Veterans' Entitlements Act 1986 (c) by omitting paragraphs (12) (a) and (b) and substituting the following paragraphs: "(a) in the case of duty that was carried out in an operational area described in items 1, 2, 3, 4, 5, 6, 7 or 8 of Schedule 2 (in column 1)—to a person, or unit of the Defence Force, that is allotted for duty in the area (whether retrospectively or otherwise) by written instrument issued by the Defence Force for use by the Commission in determining a person's eligibility for entitlements under this Act; or (b) to a person, or unit of the Defence Force, that is, by written instrument signed by the Minister for Defence, taken to have been allotted for duty in an operational area described in item 4 or 8 in Schedule 2 (in column 1)."; Commencement: Immediately after the commencement of the Veterans' Entitlements Act 1986 (d) by adding at the end of subsection (12) the following word and paragraph: "; or (c) in the case of duty that was carried out in an operational area described in item 9 of Schedule 2 (in column 1)—to a person, or unit of the Defence Force, that is allotted for duty in the area (whether retrospectively or otherwise) by written instrument signed by the Vice Chief of the Defence Force for use by the Commission in determining a person's eligibility for entitlements under this Act."; Commencement: 18 February 1989 (e) by adding at the end of subsection (12) the following word and paragraph: "; or (d) in the case of duty that was carried out in an operational area described in item 10 of Schedule 2 (in column 1)—to a person, or unit of the Defence Force, that is allotted for duty in the area (whether retrospectively or otherwise) by written instrument signed by the Vice Chief of the Defence Force for use by the Commission in determining a person's eligibility for entitlements under this Act."; Commencement: 2 August 1990 (f) by inserting in subsection (14) "(other than temporary incapacity allowance under section 107 or loss of earnings allowance under section 108)" after "allowance" (first occurring). Commencement: Immediately after the commencement of paragraph 90 (c) of the Social Security and Veterans' Affairs Legislation Amendment Act (No. 4) 1989 Operational service 38. Section 6 of the Principal Act is amended: (a) by inserting "2 or" after "item" in paragraph (1) (e); Commencement: Immediately after the commencement of section 5 of the Veterans' Affairs Legislation Amendment Act 1987 (b) by omitting from subparagraph (1) (e) (ii) "while the person" and substituting "as a person who"; Commencement: Immediately after the commencement of the Veterans' Entitlements Act 1986 (c) by omitting from paragraph (1) (e) "while the person was so rendering continuous full-time service" and substituting "during the period in which the person was so allotted for duty". Commencement: Immediately after the commencement of the Veterans' Entitlements Act 1986 Eligibility for pension 39. Section 13 of the Principal Act is amended by inserting in subparagraph (2) (c) (i) "subsection 22 (4) or" after "whom". Commencement: 22 December 1988 Increased rates of pension in certain cases 40. Section 27 of the Principal Act is amended by altering the table in subsection (1) as follows: (a) omit "104.40", substitute "112.50"; (b) omit "70.40", substitute "75.90"; (c) omit "60.50" (wherever occurring), substitute "65.20"; (d) omit "30.20" (wherever occurring), substitute "32.60"; (e) omit "15.90" (wherever occurring), substitute "17.10"; (f) omit "23.40", substitute "25.20". Commencement: 20 September 1990 Interpretation 41. Section 35 of the Principal Act is amended: (a) by omitting "37c or 37d" from the definition of "income" in subsection (1) and substituting "37c, 37d, 50b or 52a"; Commencement: 22 August 1990 (b) by inserting ", 50c" after "50b" in the definition of "income" in subsection (1); Commencement: 1 March 1991 (c) by omitting "37c or 37d" from paragraph (aa) of the definition of "income" in subsection (1) and substituting "37c, 37d, 50b or 52a"; Commencement: 22 August 1990 (d) by inserting ", 50c" after "50b" in paragraph (aa) of the definition of "income" in subsection (1); Commencement: 1 March 1991 (e) by inserting the following paragraph after paragraph (f) of the definition of "income" in subsection (1): "(fa) a payment by a State or Territory for the purpose of assisting the person to purchase, or build, his or her own home;"; Commencement: Day of Royal Assent (f) by inserting "VI," after "Part" in subparagraph (ma) (iii) of the definition of "income" in subsection (1); Commencement: Day of Royal Assent (g) by inserting the following paragraph after paragraph (v) of the definition of "income" in subsection (1): "(va) a payment towards the costs of personal care support services for the person being a payment under a scheme approved under section 12aaa of the Social Security Act 1947;". Commencement: Day of Royal Assent Meaning of qualifying service 42. Section 36 of the Principal Act is amended: (a) by omitting from subparagraphs (1) (a) (iii) and (iv) "while the person" and substituting "as a person who"; Commencement: Immediately after the commencement of the Veterans' Entitlements Act 1986 (b) by omitting from subparagraph (1) (a) (iii) "or 8" and substituting ", 8 or 9"; Commencement: 18 February 1989 (c) by omitting from subparagraph (1) (a) (iii) "or 9" and substituting ", 9 or 10"; Commencement: 2 August 1990 (d) by omitting subparagraph (1) (a) (v); Commencement: 18 February 1989 (e) by inserting in paragraph (1) (b) "in the area described in item 3 of Schedule 2 (in column 1) during the period specified in column 2 of that Schedule opposite to that description" after "British Commonwealth Far East Strategic Reserve". Commencement: Day of Royal Assent Method of calculation of income 43. Section 37 of the Principal Act is amended: (a) by inserting in paragraphs (1) (a) and (b) "an aboriginal study assistance scheme," before "the AUSTUDY scheme"; (b) by adding at the end the following subsection: "(5) In this section: 'aboriginal study assistance scheme' means: (a) the ABSTUDY Scheme; or (b) the Aboriginal Overseas Study Assistance Scheme; or (c) a scheme prescribed for the purposes of this definition.". Commencement: Day of Royal Assent Accruing return investments 44. Section 37c of the Principal Act is amended: (a) by omitting from subsection (1) ", or makes" and substituting "or acquired, or makes or acquires"; Commencement: Day of Royal Assent (b) by adding at the end of subsection (1) ", or acquired by the person"; Commencement: Day of Royal Assent (c) by inserting in subsection (2) "or acquires," after "makes,"; Commencement: Day of Royal Assent (d) by inserting in paragraph (2) (b) ", or acquired, by the person" after "made"; Commencement: Day of Royal Assent (e) by adding at the end of subsection (2) ", or acquired by the person"; Commencement: Day of Royal Assent (f) by inserting in subsection (3) "or acquired," after "made,"; Commencement: Day of Royal Assent (g) by inserting in paragraph (3) (b) ", or acquired, by the person" after "made"; Commencement: Day of Royal Assent (h) by omitting from subsection (3) "becomes entitled to receive" (first occurring) and substituting "realises the investment and receives"; Commencement: Day of Royal Assent (j) by inserting after subsection (3) the following subsections: "(3a) For the purposes of subsection (3), a person realises an investment if, and only if: (a) all or part of the amount of the investment is withdrawn; or (b) all or part of the return on the investment is paid to another person; or (c) the investment matures; or (d) the investment is assigned by the person to another person; or (e) the investment is disposed of by the person otherwise than in the way referred to in paragraph (d). "(3b) For the purposes of subsection (3), where a person assigns or otherwise disposes of an investment, the person is taken to receive by way of a return on the investment the amount of the return at the date of the disposal. "(3c) For the purposes of subsection (3), where a person realises an investment in circumstances where the return on the investment is paid to another person, the return is taken to be received by the person realising the investment. "(3d) For the purposes of subsection (3), where a person's investment matures, the person is taken to receive by way of return on the investment the amount of the return at the date of the maturity."; Commencement: Day of Royal Assent (k) by omitting from subsection (4) "section 37b" and substituting "subsection 35 (1)"; Commencement: 19 December 1989 (m) by omitting subsection (5) and substituting the following subsection: "(5) A person receives an amount for the purposes of subsection (3) if the person receives an amount under an arrangement of the kind referred to in the definition of 'accruing return investment' in subsection 35 (1) to the extent that subsection (1) or (2) does not apply to the receipt.". Commencement: Day of Royal Assent Market-linked investments 45. Section 37d of the Principal Act is amended: (a) by inserting in subsection (1) "or acquires" after "makes"; (b) by inserting in paragraph (1) (a) ", or acquired, by the person" after "made"; (c) by adding at the end the following subsections: "(3) Where a person: (a) made or acquired a market-linked investment before 9 September 1988; and (b) either: (i) realised the investment before the commencement of this subsection; or (ii) realises the investment after that commencement; so as to receive an amount by way of return on that investment; the person is taken, for the purposes of this Act, to receive 1/52 of that amount as income of the person during each week in the period of 12 months commencing on the day on which the person receives the amount. "(4) For the purposes of subsection (3), a person realises an investment if, and only if: (a) all or part of the amount invested is withdrawn; or (b) all or part of the return on the investment is paid to another person; or (c) the investment matures; or (d) the investment is assigned by the person to another person; or (e) the investment is disposed of by the person otherwise than in the way referred to in paragraph (d). "(5) For the purposes of subsection (3), where a person assigns or otherwise disposes of an investment, the person is taken to receive by way of a return on the investment the amount of the return at the date of the disposal. "(6) For the purposes of subsection (3), where a person realises an investment in circumstances where the return on the investment is paid to another person, the return is taken to be received by the person realising the investment. "(7) For the purposes of subsection (3), where a person's investment matures, the person is taken to receive by way of return on the investment the amount of the return at the date of the maturity.". Commencement: Day of Royal Assent Special provisions about certain investments made or acquired before 9 September 1988 46. Section 37e of the Principal Act is amended: (a) by inserting in paragraph (1) (a) "or acquired" after "made"; (b) by inserting in subsection (1) ", or acquired, by the person" after "made" (last occurring); (c) by inserting in paragraph (2) (b) ", or acquired, by the person" after "made" (wherever occurring). Commencement: Day of Royal Assent Determinations of entitlement of persons holding market-linked investments 47. Section 37g of the Principal Act is amended by inserting in subsection (1) "or acquired" after "made" (second occurring). Commencement: Day of Royal Assent Treatment of costs of investment 48. Section 37h of the Principal Act is amended by inserting ", or acquired," after "made" in the definition of "investment costs" in subsection (3). Commencement: Day of Royal Assent Certain capital amounts taken to be received over 12 months 49. Section 37j of the Principal Act is amended: (a) by omitting from subsection (1) "being an amount of a capital nature"; (b) by inserting before paragraph (1) (a) the following paragraph: "(aa) income by way of periodic payments; or"; (c) by inserting at the end of paragraph (1) (a) "or"; (d) by inserting in paragraph (1) (c) ", or acquired, by the person" after "made"; (e) by omitting subsection (2) and substituting the following subsection: "(2) A person receives an amount for the purposes of subsection (1) if the person receives an amount under an arrangement of the kind referred to in the definition of "accruing return investment" in subsection 35 (1) to the extent that subsection 37c (1) or (2) does not apply to the receipt.". Commencement: Day of Royal Assent Rate of veteran's service pension 50. Section 47 of the Principal Act is amended by inserting after subsection (3) the following subsection: "(3a) If: (a) a veteran who has a child is entitled to claim maintenance from another person for the child; and (b) the Commission considers it reasonable that the veteran should take action to obtain the maintenance; and (c) the veteran does not take the action that the Commission considers reasonable to obtain the maintenance; paragraphs (3) (a), (b) and (c) do not apply in relation to the child.". Commencement: Day of Royal Assent Earnings credit 51. Section 49b of the Principal Act is amended: (a) by omitting from subsection (1) the definition of "earnings credit" and substituting the following definition: " 'earnings credit', in relation to a person receiving a pension and to a fortnight beginning on variation day or a later fortnight, means: (a) in the case of the fortnight in which the person commences to receive the pension (if commencing on or after variation day)—the credit amount (if any) of the person for that fortnight; or (b) in the case of any other fortnight—the amount of the earnings credit (if any) of the person for the fortnight immediately before the relevant fortnight increased by the credit amounts (if any) of the person for the relevant fortnight and decreased by the amount (if any) by which the person's earnings credit was reduced in the relevant fortnight because of subsection (3); or $1,000, whichever is the lesser amount;"; (b) by inserting in subsection (1) the following definitions: " 'pensioner couple' means: (a) 2 service pensioners each of whom is a married person because of being the spouse of the other person; or (b) a service pensioner and a social security pensioner within the meaning of the Social Security Act 1947, each of whom is a married person because of being the spouse of the other person; 'service pensioner' means a person in receipt of a pension; 'service pensioner couple' means a couple, both of whose members are service pensioners; 'social security-service pensioner couple' means a pensioner couple, one of whose members is not a service pensioner; 'social security earnings credit' means an earnings credit within the meaning of section 12a of the Social Security Act 1947; 'variation day' means the earliest pension pay day on or after 1 October 1990; 'variation earnings credit', in relation to a person, means the person's earnings credit (within the meaning of this section as in force immediately before the commencement of this definition) for the fortnight immediately before variation day;"; (c) by omitting subsection (1a) and substituting the following subsections: "(1a) For the purposes of this section, the earnings credit of a service pensioner for the fortnight immediately before variation day is: (a) in the case of a person who is not a member of a pensioner couple—the person's variation earnings credit; or (b) in the case of a person who is a member of a service pensioner couple—an amount equal to one-half of the sum of the person's variation earnings credit and the person's spouse's variation earnings credit; or (c) in the case of a person who is a member of a social security-service pensioner couple—an amount equal to one-half of the sum of the person's variation earnings credit and the person's spouse's variation earnings credit within the meaning of section 12a of the Social Security Act 1947. "(1b) A service pensioner has a credit amount for the purposes of this section in relation to a fortnight beginning on a pension pay day if the person's annual permissible income in that fortnight equals or exceeds the person's annual rate of income in that fortnight, and the amount of that credit amount is 1/26 of the person's annual permissible income. "(1c) A service pensioner who is a member of a service pensioner couple has a credit amount for the purposes of this section in relation to a fortnight beginning on a pension pay day if the person's spouse's annual permissible income in that fortnight equals or exceeds the person's spouse's annual rate of income in that fortnight, and the amount of that credit amount is 1/26 of the person's spouse's annual permissible income. "(1d) A service pensioner who is a member of a social security-service pensioner couple has a credit amount for the purposes of this section in relation to a fortnight beginning on a pension pay day if the person's spouse's annual permissible income (within the meaning of section 12a of the Social Security Act 1947) in that fortnight equals or exceeds the person's spouse's annual rate of income within the meaning of that section in that fortnight and the amount of that credit amount is 1/26 of that annual permissible income of the spouse. "(1e) For the purposes of this section, where a service pensioner who is a member of a pensioner couple becomes entitled to a payment for remunerative work undertaken by the person during a particular fortnight: (a) only half of the payment is taken to be income of the person; and (b) half of the payment is taken to be income of the person's spouse. "(1f) For the purposes of this section, where the member of a social security-service pensioner couple who is not a service pensioner becomes entitled to a payment for remunerative work undertaken by the member during a particular fortnight, half of the payment is taken to be income of the member's spouse."; (d) by inserting in subsection (4) "subparagraph 47 (4) (a) (ii) or" after "under". Commencement: Immediately after the commencement of section 12 of the Social Security Legislation Amendment Act 1990 Calculation of value of property 52. Section 50 of the Principal Act is amended by omitting paragraph (8) (b) and substituting the following paragraphs: "(b) so much of any period during which the person resides in a nursing home as is not later than 2 years after the start of the period; and (c) any period during which: (i) the person resides in a nursing home; and (ii) the residence is, or because of paragraph (a) or (b) continues to be, the principal home of the person's spouse; and (d) any period: (i) during which the person resides in a nursing home; and (ii) where the person's spouse died while paragraph (c) applied and while a resident of a nursing home—within the 2 years immediately after the person's spouse became such a resident; and (e) any period: (i) during which the person resides in a nursing home; and (ii) where the person's spouse died while paragraph (c) applied but not while a resident of a nursing home— within the 2 years immediately after the death.". Commencement: Day of Royal Assent Income from loans 53. Section 50b of the Principal Act is amended: (a) by inserting in subsection (1) the following definitions: " 'account', in relation to a financial institution, means an account maintained by a person with the institution to which is credited money received on deposit by the institution from that person; 'entry contribution' has the same meaning as in section 50a; 'financial institution' means a bank, building society, credit union or other institution that receives money on deposit;"; (b) by omitting from subsection (3) "bank, building society or credit union" and substituting "financial institution"; (c) by inserting after subsection (3) the following subsection: "(3a) For the purposes of this section, a person's entry contribution in relation to a retirement village is not a loan by the person."; (d) by inserting after subsection (4) the following subsection: "(4a) The Minister may, by written notice, determine that this section does not apply to a specified loan or class of loans.". Commencement: 22 August 1990 54. (1) After section 50b of the Principal Act the following section is inserted: Income from certain money "50c. (1) In this section: 'account', in relation to a financial institution, means an account maintained by a person with the institution to which is credited money received on deposit by the institution from that person; 'assumed rate' means 10% or, if there is a lower rate determined under subsection 4d (7) of the Social Security Act 1947, that lower rate; 'available money', in relation to a person, means money held by, or on behalf of, the person, but does not include deposit money or money to which section 50b applies; 'deposit money', in relation to a person, means the person's money that is deposited in an account with a financial institution; 'financial institution' means a bank, building society, credit union or other institution that receives money on deposit; 'income money', in relation to a person at any time, means so much of: (a) the person's deposit money; or