Commonwealth Numbered Acts

VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT 1994 No. 78 of 1994 - SECT 13

13. The Rate Calculator in section 43 is amended:
(a) by omitting from point 43-A2 "compare Module F" and substituting

"compare Module DAA";

   (b)  by omitting from the Note in the Method statement in point 43-C1
        "(Modules E, F and G)" and substituting "(Modules DAA, E and G)";

   (c)  by omitting from point 43-C2 "If" and substituting "Subject to section
        40D, if";

   (d)  by adding at the end of point 43-C2 the following Note: "Note: If a
        determination is made under section 40D, the child will be allocated
        for the purposes of Module C in accordance with the determination and
        not the allocation rules in Table C-1.";

   (e)  by inserting after point 43-C3 the following points:

Dependent child add-on may be reduced in certain circumstances

"43-C3AA. If:

   (a)  in working out a person's pension rate, an amount for a child is to be
        added to the person's maximum basic rate; and

   (b)  a declaration under subsection 869(1) of the Social Security Act
        specifies the percentage of family payment for the child that is
        payable to the person; the Commission may determine that the amount to
        be added is to be reduced to that percentage of the amount that, but
        for this point, would be added.



"43-C3AB. If:

   (a)  in working out a person's pension rate, an amount for a child is to be
        added to the person's maximum basic rate; and

   (b)  additional family payment for the child is payable to another person;
        and

   (c)  there is not a declaration under subsection 869(1) of the Social
        Security Act in relation to the child; no amount is to be added to the
        person's maximum basic rate.";

   (f)  by omitting from Note 1 in point 43-D4 ", a maintenance income test
        (Module E)";

   (g)  by omitting from Note 2 in point 43-D4 ", the maintenance income
        test";

   (h)  by omitting from Note 3 in point 43-D4 "an ordinary income test
        (Module E), a maintenance income test (Module F)" and substituting "a
        maintenance income test (Module DAA), an ordinary income test (Module
        E)";

   (i)  by omitting from point 43-E2 "veteran";

   (j)  by omitting from Note 2 to point 43-E2 "veteran";

   (k)  by omitting point 43-E4 and substituting the following point:

Pensioner add-on child

"43-E4. A person has a pensioner add-on child if the person's service pension
rate includes a dependent child add-on for the child.";

   (l)  by omitting from point 43-E6 "veteran" (first occurring).