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 dat