Bills Digest no. 179 2004–05
Veterans' Entitlements Amendment (2005
Budget Measure) Bill 2005
WARNING:
This Digest was prepared for debate. It reflects the legislation as introduced
and does not canvass subsequent amendments. This Digest does not have
any official legal status. Other sources should be consulted to determine
the subsequent official status of the Bill.
CONTENTS
Passage History
Purpose
Background
Main Provisions
Concluding Comments
Endnotes
Contact Officer & Copyright Details
Passage History
Veterans'
Entitlements Amendment (2005 Budget
Measure) Bill 2005
Date
Introduced:
1 June 2005
House:
House of Representatives
Portfolio:
Veterans' Affairs
Commencement:
From the date the Bill gains Royal Assent.
To amend
the Veterans’ Entitlements Act 1986 (VEA) to provide for a 2005–06
Budget measure, being the extension of the seniors concession allowance
to certain Gold Card holders. The Gold Card holders intended to be
provided with the seniors concession allowance in this Bill are those
who are over veterans’ service pension age and are not already qualified
for either the seniors concession allowance or the utilities allowance
(UA).
The government announced in the 2005–06
Budget a proposal to extend the seniors concession allowance to Gold
Card holders aged over veterans’ service pension age.(1)
The Minister stated that the rationale for the proposal was:
“This initiative recognises the special needs of Gold
Card holders and ensures they receive support in meeting their utilities
bills.”(2)
The Budget announcement stated that an anticipated
44 000 Gold Card holders, who do not already receive the seniors
concession allowance, will benefit from this initiative.(3)
The Explanatory Memorandum attached to the Bill anticipates
this proposal will cost an extra $0.2 million in 2004–05, $9.8 million
in 2005–06, $ 8.9 million in 2006–07
and $8.9 million in 2007–08. This is a total of $27.8 million over
four years.
The seniors concession allowance was originally announced
in the government’s 2004 Election policy platform, Recognising senior
Australians – their needs and their carers.(4)
The seniors concession allowance was then provided
for with the passage of the Family and Community Services and Veterans'
Affairs Legislation Amendment (2004 Election Commitments) Act 2004.
Bills Digest No. 66 of 2004–05 refers.(5)
The government’s 2004 election policy platform claimed that the justification
for the new seniors concession allowance was:
The Coalition has sought to provide self-funded retirees
with further concessions, offering state and territory governments
$75 million. Unfortunately, no state or territory government has
taken up this offer that would provide concessions for energy, rates,
water and sewerage and motor vehicle registration costs. A re-elected
Coalition Government will not wait for state and territory governments
to provide self-funded retirees holding a Commonwealth Seniors Health
Card with the concessions they deserve.(6)
The seniors concession allowance is $200 a year paid
in two instalments on 1 June and 1 December of each year and is targeted
at retired aged persons not on an age or service pension. Retired aged
persons not on a pension are commonly referred to as self-funded retirees
but not all self-funded retires are paid the allowance, only those entitled
to a Commonwealth Seniors Health Care Card (CSHC). Holders of the CSHC
are those who are over age pension age, not receiving an age or service
pension due to income or assets and have annual taxable income below
$50 000 for a single or $80 000 (combined) for a couple.(7)
The seniors concession allowance was not therefore
made available to all self-funded retires over age pension age not on
a pension, only to those with a CSHC. So it therefore it is restricted
to self-funded retirees with incomes below certain limits.
It is not proposed that the seniors concession allowance
for Gold Card holders be paid where the Gold Card holder is already
qualified to receive a seniors concession allowance.
Only a select group of veterans and dependants qualify
for the Gold Card and these are:
-
a veteran or nurse of World War One,
-
all prisoners of war,
-
a female World War Two (WW2) veteran,
-
a veteran receiving 100 per cent disability pension,
-
Intermediate Rate disability pensioners,
-
Extreme Disablement Adjustment rate disability pensioners,
-
Special Rate disability pensioners (that is Totally and Permanently
Incapacitated and blinded pensioners),
-
a veteran receiving 50 per cent or more disability pension and any
amount of service pension,
-
a veteran receiving a service pension and who qualifies for treatment
under the income and assets test,
-
all war widows/ers and dependent children,
-
all Australian veterans of WW2 with qualifying war service and aged
70 or more, and
-
as of 1 July 2002, all Australian veterans
aged 70 or more and have qualifying service from post WW2 conflicts.
As at March 2005 there
were 262 899 Gold Card holders.(8)
As for the seniors concession allowance, the UA was
originally announced in the government’s 2004 Election policy platform,
Recognising senior Australians – their needs and their carers.(9)
The passage of the Family and Community Services
and Veterans' Affairs Legislation Amendment (2004 Election Commitments)
Act 2004 also saw the introduction of the new UA for recipients
of the age pension and the veterans’ age service pension.(10)
The UA is $100 a year for a single pensioner and $50 a year each for
a partnered pensioner.
It is not proposed that the seniors concession allowance
for Gold Card holders be paid where the Gold Card holder is already
qualified to receive the UA.
The seniors concession allowance and the UA have been
subject to some comment recently in terms of the targeting of assistance
and equity.(11) The Jeromey
Temple article commented
that the provision of the CSHC to self-funded retirees not on pension
but with incomes below $50 000 for a single or $80 000 (combined)
for a couple, is providing assistance to a group that can hardly be
recognised as cash poor.
The proposal in this Bill to provide the seniors concession
allowance to a group of Gold Card holders with income in excess of the
CSHC income limits again raises these equity issues. However, the government
has said they consider the provision of the allowance to this group
recognises their special needs.(12)
This Bill proposes to provide the seniors concession
allowance to Gold Card holders over service pension age who do not already
qualify for the allowance or to the UA. Gold Card holders on an age
pension or a veterans’ service pension qualify for a UA. Gold Card
holders over age pension or service pension age but not on an age or
service pension due to income or assets and have a CSHC qualify for
the seniors concession allowance.
However, there are some Gold Card holders aged over
service pension age but not entitled to either the seniors concession
allowance or the UA. It is these Gold Card holders that this Bill proposes
to also provide the seniors concession allowance. These persons are:
-
A person over service pension age (60 male or 57. 5 female) who
does not receive a service pension or otherwise qualify for a seniors
concession allowance as they do not qualify for the CSHC. These
will be Gold Card holders with incomes in excess of $50 000
(single) or $80 000 (partnered combined), or
-
A person aged between service pension age (60 male or 57. 5 female)
and age pension age (65 male or 62.5 female) who is also on an income
support payment provided under the Social Security Act 1991.
This person does not qualify for a UA as they are not of age pension
age and does not qualify for service pension as they do not have
qualifying war service. Some of the SSA income support payments
such a Gold Card holder could potentially receive are disability
support pension or newstart allowance.
It is anticipated that 44 000 veterans and war
widows/ers will be eligible to the seniors concession allowance under
this Bill.(13) The number of persons in the second category
above will probably be very small. The vast majority of the projected
44 000 will be those in the first category above, that is over
service pension age, not on a service pension and with income in excess
of $50 000 (single) or $80 000 (partnered combined).
The first payment of the seniors concession allowance
to Gold Card holders is proposed to be on 1 December 2005.
Item 3 inserts a new subsection 118PA(1) into
the VEA to provide that the person is entitled to the seniors concession
allowance if the person is present in Australia, or the person is temporarily
absent from Australia for less than 13 weeks, and was entitled to the
allowance before leaving Australia.
Item 4 inserts a new section 119PA into the
VEA to set out the basic qualification requirements that a Gold Card
holder must meet to qualify for the seniors concession allowance. Essentially
these conditions are the person:
-
is qualified to a Gold Card,
-
is over service pension qualifying age,
-
is not qualified to the seniors concession allowance under another
section of the VEA or under the SSA, and
-
is not qualified to the UA under another section of the VEA or under
the SSA.
Concluding Comments
Generally this is beneficial legislation. It provides
eligibility for the seniors concession allowance to a group of Gold
Card holders who are not currently eligible for the allowance. The
vast majority of Gold Card holders who will benefit from this proposed
legislation will be those over service pension qualifying age and with
incomes in excess of $50 000 (single) or $80 000 (partnered
combined).
There are equity and targeting issues raised with this
proposal that have been noted above. However, the government rejects
this criticism and considers that group has special needs which justifies
the extension of the seniors concession allowance to them.(14)
-
The Hon. De-Anne Kelly, MP (Minister
for Veterans’ Affairs and Minister Assisting the Minister for Defence),
Seniors Allowance to Benefit Gold Card Holders, media release,
Parliament House, Canberra,
10 May 2005.
http://minister.dva.gov.au/media_releases/2005/05_may/va039.htm
-
ibid.
-
ibid.
-
The Hon. Mr John Howard, MP, Recognising
older Australians, their needs and their carers, Liberal Party
of Australia, 2004 Election Policy Platform, 1 October 2004. http://www.liberal.org.au/2004_policy/Oct01_Recognising_Senior_Australians_-_Their_Needs_and_Their_Carers.pdf
-
Family and Community Services and Veterans' Affairs Legislation
Amendment (2004 Election Commitments) Act 2004, Bills
Digest No. 66, 2004–05. http://www.aph.gov.au/library/pubs/bd/2004-05/05bd066.htm
-
The Hon. Mr John Howard, MP, op.
cit. p. 5.
-
Commonwealth Seniors Health Care Card. http://www.centrelink.gov.au/internet/internet.nsf/payments/conc_cards_cshc.htm
-
Department of Veterans’ Affairs, Treatment Population Statistics,
Quarterly Report - March 2005,
Department of Veterans’ Affairs, Canberra,
2005, p. 1.
-
The Hon. Mr John Howard, MP, op.
cit. p. 4.
-
Family and Community Services and Veterans' Affairs Legislation
Amendment (2004 Election Commitments) Act 2004, Bills
Digest No. 66, 2004–05, op. cit.
-
Jeromey Temple, The Seniors Concession Allowance and Utility Allowance:
Equity Implications, People and Place, vol 13, no. 1, 2005,
pp 23 – 29. http://parlinfoweb.aph.gov.au/piweb/translatewipilink.ASPX?Folder=jrnart&Criteria=CITATION_ID:BNVF6;
-
The Hon. De-Anne Kelly, MP op.
cit.
-
ibid.
-
The Hon. De-Anne Kelly, MP, op.
cit.
Peter Yeend
14 June 2005
Bills Digest Service
Information and Research Services
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ISSN 1328-8091
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