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
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ISSN 1328-8091
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