Veterans' Support Regulations 2014

Reprint as at 15 September 2016

Coat of Arms of New Zealand

Veterans’ Support Regulations 2014

(LI 2014/369)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 1st day of December 2014

Present:
The Right Hon John Key presiding in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by Veterans’ Affairs New Zealand.

Pursuant to sections 7, 20, 21, 22, 31, 47, 56, 66, 72, 76, 81, 145, 148, 151, 153, 154, 169, 174, 229, 247, 254, 265, 266, and 269 of the Veterans’ Support Act 2014, His Excellency the Governor-General makes the following regulations, acting—

(a)

on the advice and with the consent of the Executive Council; and

(b)

in relation to regulations 9 to 15 and 17, on the recommendation of the Minister of Veterans’ Affairs given in accordance with sections 20, 21, 22, and 269 of that Act.

Contents

1Title
2Commencement
3Interpretation
4Additional occupational groups to be treatment providers
5Acupuncturists
6Audiologists
7Counsellors
8Speech therapists
9Paired organs
10Conclusively presumed illnesses and conditions
11World War II prisoners of war
12Exposure to nuclear radiation
13Vietnam
14Gulf War
15Certain Australian statements of principles apply
15AFormula for indexation under section 30 of Act
16Formula for indexation of certain entitlements under section 31 of Act
16AFormula for indexation of lump sum for permanent impairment, survivor’s grant, and child care payments
17Rate of disablement pension
18Rate of surviving spouse or partner pension
19Rate of children’s pension
20Maximum rate of dependant’s pension
21VANZ to take into account dependant’s economic position in determining actual rate
22Rate of dependant’s pension
23Dependant’s income
24Deprivation of assets and income
25How value of land to be determined
26Rates of children’s bursaries
26AAccepted late-onset conditions
26BTransport costs associated with treatment
26CLump sum payment in place of independence allowance
26DAdditional amount payable if veteran’s whole-person impairment increases
26ELump sum compensation for permanent impairment
26FAssessment of need
26GServices and support provided by others
27Entitlement to weekly battery allowance
28Rate of weekly battery allowance
29Interpretation
30Maximum amount of grant
31Frequency of grants
32Additional grant for fitting controls
33Criteria for determining whether to make grant
34Amount of retirement lump sum
35Asset threshold for non-exempt assets
36Assets to be included in asset assessment
37Deprivation of assets
38Gifting period
39How value of land to be determined
40Funeral expenses
41Cost of transport of veteran’s body
41APrescribed amount for entitlement to costs of financial advice
42Rates of veteran’s pension
43Lump sum payment on death of veteran
44Lump sum payment on death of spouse or partner of veteran
44ATransport costs associated with assessment
45Procedure for appeals against review decisions
46Interpretation
47VANZ must advise applicant of right to appeal
48Notice of appeal
49Notice of hearing
50Case management conferences and directions
51Evidence
52Appellant not giving oral evidence
53Appeal may continue on death of veteran or other claimant
54Interpretation
55Notice of meetings
56Methods of holding meetings
57Unanimous written resolutions
58Obligation to disclose interest
59Who disclosure of interests must be made to
60What must be disclosed
61Consequences of being interested in matter
62Consequences of failing to disclose interest
63Permission to act despite being interested in matter
64Issue of treatment card
65Information to be included on treatment card
66Obligations of treatment card holders
67Conditions of use
68Unauthorised uses of treatment card
69Recall of treatment card
70Cancellation of treatment card
70AAllowances and annuity payable under Part 1 of Schedule 1 of Act [Revoked]
71Indexation of weekly compensation applies from date of indexation
72Procedure for adjustments where weekly compensation subject to abatement
73Weekly entitlement to child care payments
74Allowances and annuity payable under Part 1 of Schedule 1 of Act
Gazette Information
Reprint notes

Regulations

1 Title

These regulations are the Veterans’ Support Regulations 2014.

2 Commencement

These regulations come into force on 7 December 2014.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

public transport means scheduled public transport (for example, by ferry, bus, or train) but excludes air transport.

(2)

In these regulations, unless the context otherwise requires,—

(a)

terms used but not defined in these regulations and used or defined in the Act have the same meanings as in the Act:

(b)

the amount of any rate or other payment is the amount before the deduction of tax (if any).

Regulation 3: replaced, on 7 December 2015, by regulation 4 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

Part 1 Regulations relating to Part 1 of Act

Treatment providers

4 Additional occupational groups to be treatment providers

Regulations 5 to 8 provide that members of certain occupational groups who meet specified criteria are treatment providers for the purposes of the definition of treatment provider in section 7 of the Act.

5 Acupuncturists

A person who is an acupuncturist is a treatment provider if the person is—

(a)

a member of the New Zealand Register of Acupuncturists Incorporated; or

(b)

a member of the New Zealand Acupuncture Standards Authority Incorporated who—

(i)

is a qualified health professional registered to practise in some other medical discipline in New Zealand who holds a recognised postgraduate qualification in acupuncture of a minimum of 120 credits (1 year full-time) at Level 8 or above on the New Zealand Register of Quality Assured Qualifications; or

(ii)

holds a National Diploma in Acupuncture (Level 7) or equivalent according to the criteria for the New Zealand Register of Quality Assured Qualifications.

6 Audiologists

A person who is an audiologist is a treatment provider if the person—

(a)

is a member of the New Zealand Audiological Society Incorporated; and

(b)

when acting as an audiologist, is not acting—

(i)

in the course of his or her employment by a supplier of hearing aids; or

(ii)

as a supplier of hearing aids.

7 Counsellors

A person who is a counsellor is a treatment provider if the person is—

(a)

a health practitioner under the Health Practitioners Competence Assurance Act 2003 and counselling is within his or her scope of practice under that Act; or

(b)

recognised by the Accident Compensation Corporation as a counsellor for the purposes of the Accident Compensation Act 2001.

8 Speech therapists

A person who is a speech therapist is a treatment provider if the person is a member of the New Zealand Speech-Language Therapists’ Association Incorporated.

Paired organs

9 Paired organs

The following organs are paired organs for the purposes of section 20 of the Act:

(a)

adrenal glands:

(b)

breasts:

(c)

ears:

(d)

eyes:

(e)

kidneys:

(f)

lungs:

(g)

ovaries:

(h)

testicles.

Illnesses and conditions conclusively presumed to be service-related

10 Conclusively presumed illnesses and conditions

Regulations 11 to 14 provide that certain illnesses and conditions in relation to certain events or deployments are to be treated as service-related for the purpose of section 21 of the Act.

11 World War II prisoners of war

(1)

This regulation applies to a veteran if the veteran was a prisoner of war at any time during World War II.

(2)

If the veteran suffers from an illness or a condition described in subclause (3), the illness or condition must be treated as service-related.

(3)

The illnesses and conditions are—

(a)

any of the anxiety states:

(b)

beriberi:

(c)

chronic dysentery:

(d)

cirrhosis of the liver:

(e)

dysthymia:

(f)

heart disease or hypertensive vascular disease, including complications:

(g)

helminthiasis (intestinal vermiform parasites):

(h)

hypovitaminosis:

(i)

irritable bowel syndrome:

(j)

malnutrition (including optic atrophy):

(k)

organic residuals of frostbite:

(l)

peptic ulcer disease:

(m)

pellagra and any other nutritional deficiencies:

(n)

peripheral neuropathy:

(o)

post-traumatic osteoarthritis:

(p)

psychosis:

(q)

stroke and residuals of stroke.

12 Exposure to nuclear radiation

(1)

This regulation applies to a veteran if the veteran served—

(a)

with J Force in Japan at any time during the years 1946 to 1952; or

(b)

on HMNZS Pukaki or HMNZS Rotoiti at any time during the years 1957 and 1958; or

(c)

on HMNZS Otago on 22 July 1973; or

(d)

on HMNZS Canterbury on 28 July 1973.

(2)

If the veteran suffers from an illness or a condition described in subclause (3), the illness or condition must be treated as service-related.

(3)

The illnesses and conditions are—

(a)

all forms of leukaemia (except for chronic lymphocytic leukaemia):

(b)

bronchioloalveolar carcinoma:

(c)

cancer of the thyroid, breast, pharynx, oesophagus, stomach, small intestine, pancreas, bile ducts, gall bladder, salivary gland, urinary tract (renal, ureter, urinary bladder, or urethra), brain, bone, lung, colon, or ovary:

(d)

lymphomas (other than Hodgkin’s disease):

(e)

multiple myeloma:

(f)

primary liver cancer (except if cirrhosis or hepatitis B is indicated).

13 Vietnam

(1)

This regulation applies to a veteran if the veteran served in Vietnam—

(a)

at any time during the period beginning on 29 May 1964 and ending on the close of 31 December 1972; or

(b)

with 41 Squadron RNZAF at any time during the period beginning on 1 January 1973 and ending on the close of 21 April 1975; or

(c)

as a member of the civilian surgical team at Qui Nhon Provincial State Hospital, Binh Dinh province at any time during the period beginning on 1 December 1963 and ending on the close of 31 March 1975.

(2)

If the veteran suffers from an illness or a condition described in subclause (3), the illness or condition must be treated as service-related.

(3)

The illnesses and conditions are—

(a)

acute and subacute peripheral neuropathy:

(b)

AL-type primary amyloidosis:

(c)

chloracne:

(d)

chronic lymphocytic leukaemia (including hairy-cell leukaemia and any other chronic B-cell leukaemias):

(e)

Hodgkin’s disease:

(f)

hypertension:

(g)

ischaemic heart disease:

(h)

multiple myeloma:

(i)

non-Hodgkin’s lymphoma:

(j)

Parkinson’s disease:

(k)

porphyria cutanea tarda:

(l)

prostate cancer:

(m)

respiratory cancers (lung, bronchus, larynx, and trachea):

(n)

soft tissue sarcoma:

(o)

stroke:

(p)

type 2 diabetes.

14 Gulf War

(1)

This regulation applies to a veteran if the veteran served in the Gulf War at any time during the period beginning on 20 December 1990 and ending on the close of 13 April 1991.

(2)

If the veteran suffers from an illness or a condition in subclause (3), the illness or condition must be treated as service-related.

(3)

The illnesses and conditions are—

(a)

medically unexplained chronic multi-symptom illnesses—

(i)

that are defined by a cluster of signs or symptoms, such as—

(A)

chronic fatigue syndrome:

(B)

fibromyalgia:

(C)

irritable bowel syndrome; and

(ii)

that have existed for 6 months or more:

(b)

signs or symptoms of an undiagnosed illness that include fatigue, skin symptoms, headaches, muscle pain, joint pain, neurological symptoms, respiratory symptoms, sleep disturbance, gastro-intestinal symptoms, cardiovascular symptoms, weight loss, or menstrual disorders.

Statements of principles

15 Certain Australian statements of principles apply

(1)

The statements of principles described in Schedule 1 apply for the purposes of the Act.

(2)

The version of a statement of principles referred to in Schedule 1 in the column headed Reasonable hypothesis is to be applied if a veteran’s service-related injury, illness, condition, whole-person impairment, or death relates to qualifying operational service.

(3)

The version of a statement of principles referred to in Schedule 1 in the column headed Balance of probabilities is to be applied if a veteran’s service-related injury, illness, condition, whole-person impairment, or death relates to qualifying routine service.

Indexation under section 30 of Act

Heading: inserted, on 7 December 2015, by regulation 5 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

15A Formula for indexation under section 30 of Act

(1)

This regulation sets out the formula for the indexation of the amounts described in section 30(1) of the Act.

(2)

The formula is as follows:

a × (b ÷ c)

where—

a

is the amount at the date of indexation, before the amount is adjusted

b

is the LCI figure for the March quarter immediately prior to the date of indexation

c

is the LCI figure for the March quarter prior to the quarter referred to in item b.

(3)

In subclause (2), LCI means the Labour Cost Index (Salary and Wage rates) (including overtime) published by Statistics New Zealand.

(4)

For the purposes of applying the formula in subclause (2),—

(a)

the number resulting from dividing item b by item c must be rounded up or down to 4 decimal places (with 0.00005 or greater being rounded up):

(b)

the result must be rounded to the nearest cent as follows:

(i)

an amount of less than 0.5 cents must be rounded down:

(ii)

an amount of 0.5 cents or more than 0.5 cents must be rounded up.

(5)

An amount that is adjusted by applying the formula takes effect on and from 1 July after the March quarter referred to in item b in subclause (2).

(6)

However, no amount is to be adjusted if the application of the formula produces a negative figure.

Regulation 15A: inserted, on 7 December 2015, by regulation 5 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

Indexation under section 31 of Act

Heading: replaced, on 7 December 2015, by regulation 6 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

16 Formula for indexation of certain entitlements under section 31 of Act

(1)

This regulation sets out the formula for the indexation of the following entitlements under section 31 of the Act:

(a)

the rates of disablement pension (section 56 of the Act):

(b)

the rate of the surviving spouse or partner pension (section 66 of the Act):

(c)

the rate of the children’s pension (section 72 of the Act):

(d)

the rate of the dependant’s pension (section 76 of the Act):

(e)

the rate of the children’s bursary (section 81 of the Act):

(f)

the maximum amount for motor vehicle grants (section 148 of the Act):

(g)

the amount of the retirement lump sum payment (section 151 of the Act):

(h)

the asset threshold for non-exempt assets (section 151 of the Act):

(i)

the maximum amount payable for funeral expenses for a veteran whose death is attributable to qualifying service (section 153 of the Act):

(j)

the maximum amount payable for funeral expenses for a veteran whose death is not attributable to qualifying service (section 154 of the Act):

(k)

the lump sum payment to a surviving spouse or partner of a veteran receiving the veteran’s pension (section 174 of the Act).

(2)

The formula is as follows:

a × (b ÷ c)

where—

a

is the amount of the entitlement at the date of indexation, before the amount is adjusted

b

is the CPI figure for the December quarter immediately prior to the date of indexation

c

is the CPI figure for the December quarter prior to the quarter referred to in item b.

(3)

In subclause (2), CPI

(a)

means the Consumers Price Index (All Groups) published by Statistics New Zealand; but

(b)

except in relation to adjustments to retirement lump sums payable under section 149 of the Act, does not include index numbers of the CPI for cigarettes and other tobacco products.

(4)

For the purposes of applying the formula in subclause (2),—

(a)

the number resulting from dividing item b by item c must be rounded up or down to 4 decimal places (with 0.00005 or greater being rounded up):

(b)

the result must be rounded to the nearest cent as follows:

(i)

an amount of less than 0.5 cents must be rounded down:

(ii)

an amount of 0.5 cents or more than 0.5 cents must be rounded up.

(5)

An entitlement that is adjusted by applying the formula takes effect on and from 1 April after the December quarter referred to in item b in subclause (2).

(6)

However, no entitlement is to be adjusted if the application of the formula produces a negative figure.

Regulation 16(1): replaced, on 7 December 2015, by regulation 7(1) of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

Regulation 16(2) formula: replaced, on 7 December 2015, by regulation 7(2) of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

16A Formula for indexation of lump sum for permanent impairment, survivor’s grant, and child care payments

(1)

This regulation sets out the formula for the indexation of the following entitlements under section 31 of the Act:

(a)

the lump sum payment for permanent impairment (section 98 of the Act):

(b)

the survivor’s grant (clause 53 of Schedule 2 of the Act):

(c)

child care payments for children of deceased veterans (clause 64 of Schedule 2 of the Act).

(2)

The formula is as follows:

a × (b ÷ c)

where—

a

is the amount of the entitlement at the date of indexation, before the amount is adjusted

b

is the CPI figure for the March quarter immediately prior to the date of indexation

c

is the CPI figure for the March quarter prior to the quarter referred to in item b.

(3)

In subclause (2), CPI means the Consumers Price Index (All Groups) published by Statistics New Zealand.

(4)

For the purposes of applying the formula in subclause (2),—

(a)

the number resulting from dividing item b by item c must be rounded up or down to 4 decimal places (with 0.00005 or greater being rounded up):

(b)

the result must be rounded to the nearest cent as follows:

(i)

an amount of less than 0.5 cents must be rounded down:

(ii)

an amount of 0.5 cents or more than 0.5 cents must be rounded up.

(5)

An entitlement that is adjusted by applying the formula takes effect on and from 1 July after the March quarter referred to in item b in subclause (2).

(6)

However, no entitlement is to be adjusted if the application of the formula produces a negative figure.

Regulation 16A: inserted, on 7 December 2015, by regulation 8 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

Part 2 Regulations relating to Part 3 of Act

Rate of disablement pension

17 Rate of disablement pension

(1)

The rate of a veteran’s disablement pension payable under section 56 of the Act is to be determined according to the level of the veteran’s whole-person impairment.

(2)

The rates of the disablement pension are set out in Schedule 2.

(3)

A veteran’s level of whole-person impairment in the first column of Schedule 2 is to be determined in accordance with the American Medical Association Guides to the Evaluation of Permanent Impairment (4th ed).

(4)

To avoid doubt, the level of whole-person impairment of a veteran who is applying for a disablement pension under clause 6(2) of Schedule 1 of the Act is to be assessed in accordance with the American Medical Association Guides to the Evaluation of Permanent Impairment (4th ed).

Surviving spouse or partner pension

18 Rate of surviving spouse or partner pension

The rate of the surviving spouse or partner pension payable under section 66 of the Act is $160.04 per week.

Children’s pension

19 Rate of children’s pension

The rate of the children’s pension payable under section 72 of the Act is $171.38 per week.

Dependant’s pension

20 Maximum rate of dependant’s pension

The maximum rate of a dependant’s pension payable under section 76 of the Act is $160.04 per week.

21 VANZ to take into account dependant’s economic position in determining actual rate

(1)

Regulations 22 to 25 specify the criteria that VANZ must take into account in assessing a dependant’s economic position for the purpose of determining the rate of a dependant’s pension payable to the dependant.

(2)

If, at any time, VANZ has reason to believe that a dependant’s economic position has changed, VANZ may reassess the dependant’s economic position in order to determine the appropriate rate payable to the dependant.

22 Rate of dependant’s pension

(1)

If a dependant’s weekly income is equal to or less than 50% of the maximum rate, the pension payable to the dependant is the maximum rate.

(2)

If a dependant’s weekly income is more than 50% of the maximum rate, the pension payable to the dependant is the maximum rate minus $1 for every $1 of income that exceeds 50% of the maximum rate.

(3)

For the purposes of this regulation, a dependant’s weekly income is the amount equivalent to the dependant’s income (inclusive of any income tax) during the preceding 12-month period divided by 52.

23 Dependant’s income

(1)

For the purposes of regulation 22(3), a dependant’s income includes—

(a)

income received by the dependant:

(b)

income received by the dependant’s spouse or partner:

(c)

any benefits paid to the dependant under the Social Security Act 1964:

(d)

income derived from assets owned by the dependant:

(e)

income derived from assets owned by the dependant’s spouse or partner.

(2)

A dependant’s income does not include—

(a)

any assets received by the dependent, or the dependant’s spouse or partner, that are defined as exempt assets, exempted from a means assessment, or declared not to be cash assets under a social security enactment:

(b)

any income derived from assets of the type described in paragraph (a):

(c)

any income that is exempted from a means assessment or declared not to be income under a social security enactment:

(d)

the dependant’s interest in a residential dwelling that is the dependant’s principal residence:

(e)

the dependant’s interest in a car or similar vehicle for the dependant’s own use.

(3)

In this regulation, unless the context otherwise requires,—

income has the meaning given by section 3(1) of the Social Security Act 1964

social security enactment means—

(a)

Schedule 27 of the Social Security Act 1964:

(4)

For the purposes of this regulation, any reference in an enactment referred to in subclause (3) to the chief executive is to be read as a reference to VANZ.

24 Deprivation of assets and income

(1)

If VANZ is satisfied that a dependant, or the dependant’s spouse or partner, has directly or indirectly deprived himself or herself of any assets or income, VANZ, in assessing the dependant’s economic position, may treat the deprivation as if it had not occurred.

(2)

Subclause (1) does not apply if the deprivation occurred before the veteran for which the pension is payable—

(a)

died; or

(b)

became entitled to—

(i)

a war disablement pension under Part 2 of the War Pensions Act 1954 in relation to disablement of 70% or more; or

(ii)

a disablement pension under subpart 3 of Part 3 of the Act in relation to whole-person impairment of 52% or more.

25 How value of land to be determined

(1)

If an assessment of a dependant’s economic position involves determining the value of land, the value is to be determined in accordance with regulations 9D and 9E of the Social Security (Long-term Residential Care) Regulations 2005.

(2)

For the purposes of subclause (1), regulations 9D and 9E of those regulations apply with all necessary modifications and as if references to the chief executive were references to VANZ.

Children’s bursaries

26 Rates of children’s bursaries

(1)

This regulation specifies the rates of children’s bursaries payable under section 81 of the Act.

(2)

The children’s bursary payable in respect of a child who, immediately before the commencement of Part 3 of the Act, was receiving a children’s pension under section 40 of the War Pensions Act 1954 or who is the child of a veteran receiving a veteran’s pension is—

(a)

$905.75, if the child is undertaking full-time study at a secondary school:

(b)

$452.82, if the child is undertaking part-time study at a tertiary institution:

(c)

$1,074.78, if the child is undertaking full-time study at a tertiary institution.

(3)

The children’s bursary payable to a child who is not described in subclause (2) is—

(a)

$452.84, if the child is undertaking full-time study at a secondary school:

(b)

$226.41, if the child is undertaking part-time study at a tertiary institution:

(c)

$537.36, if the child is undertaking full-time study at a tertiary institution.

(4)

A children’s bursary is paid annually in the year in which a child is entitled to the bursary.

Part 2A Regulations relating to Part 4 of Act

Part 2A: inserted, on 7 December 2015, by regulation 9 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

Accepted late-onset conditions

Heading: inserted, on 7 December 2015, by regulation 9 of the Veterans’ Support Amendment Regulations (No 3) 20150 (LI 2015/251).

26A Accepted late-onset conditions

The conditions specified in Schedule 2A are accepted late-onset conditions for the purposes of the definition of accepted late-onset condition in section 7 of the Act.

Regulation 26A: inserted, on 7 December 2015, by regulation 9 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

Transport costs for treatment

Heading: inserted, on 7 December 2015, by regulation 9 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

26B Transport costs associated with treatment

(1)

This regulation specifies the extent to which VANZ is responsible, under section 88(1) of the Act, for paying the costs of transport the veteran reasonably requires in order to receive treatment that VANZ is responsible for paying or contributing to the cost of.

(2)

VANZ must pay the veteran—

(a)

any fares paid for public transport for a journey:

(b)

for a journey in a private vehicle, $0.62 for each kilometre for the first 200 kilometres of the journey:

(c)

if VANZ approves the following costs for a journey before the veteran undertakes the journey:

(i)

the cost of any air fares paid for the journey:

(ii)

any other costs of transport for the journey.

(3)

In subclause (2), journey

(a)

means a journey from a veteran’s residence to the most appropriate place of treatment (as determined by VANZ) by the most direct route and the return journey from that place (if the veteran makes a return journey); but

(b)

does not include any international part of a journey described in paragraph (a).

(4)

If the veteran is entitled to be paid the costs of transport by the Accident Compensation Corporation (ACC) for a journey and the amount that is payable by VANZ to the veteran under subclause (2) for the journey is greater than the amount the veteran is entitled to be paid by ACC, the amount that VANZ must pay to the veteran is limited to the difference between the costs of transport payable under subclause (2) and the amount payable by ACC.

Regulation 26B: inserted, on 7 December 2015, by regulation 9 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

Lump sum payment in place of independence allowance

Heading: inserted, on 7 December 2015, by regulation 9 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

26C Lump sum payment in place of independence allowance

(1)

This regulation specifies the amount of the lump sum payment that a veteran may elect to receive in place of weekly payments of the independence allowance to which the veteran is entitled under section 96 of the Act.

(2)

The veteran may elect to receive in place of weekly payments, over a period of 52 weeks (the lump sum period), an amount calculated in accordance with the formula in subclause (3).

(3)

The formula is—

a × 51.6075

where a is the weekly rate of independence allowance to which the veteran is entitled at the time of the election to receive a lump sum payment.

(4)

An election to receive a lump sum payment under this regulation must be in writing.

(5)

The lump sum period begins on the date on which the veteran would have received payment of the independence allowance if the veteran had not made the election.

Regulation 26C: inserted, on 7 December 2015, by regulation 9 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

26D Additional amount payable if veteran’s whole-person impairment increases

(1)

A veteran who has received a lump sum payment is entitled to an additional amount calculated in accordance with the formula in subclause (2) if, during the lump sum period, the veteran’s whole-person impairment increases with the effect that he or she would have been entitled to a higher weekly rate of independence allowance if he or she had not elected to receive the lump sum payment.

(2)

The formula is—

[2 × (a − b)] × (1 − 1.000562(−0.5 × c)) ÷ 0.000562

where—

a

is the weekly rate of independence allowance to which the veteran would have been entitled immediately after the increase in the person’s whole-person impairment if he or she had not elected to receive the lump sum payment

b

is the weekly rate of independence allowance to which the veteran would have been entitled immediately before the increase in the person’s whole-person impairment if he or she had not elected to receive the lump sum payment

c

is the number of full weeks remaining in the lump sum period.

(3)

To avoid doubt,—

(a)

an increase in whole-person impairment has the effect of increasing the independence allowance payable to a veteran only if the increase is caused by a service-related injury or illness that occurred in the period beginning on 1 April 1974 and ending on the close of 31 March 2002 (see section 96(1) of the Act):

(b)

a veteran is under no obligation to repay VANZ any amount if, during the lump sum period, his or her whole-person impairment decreases.

Regulation 26D: inserted, on 7 December 2015, by regulation 9 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

Lump sum compensation for permanent impairment

Heading: inserted, on 7 December 2015, by regulation 9 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

26E Lump sum compensation for permanent impairment

(1)

The amount of lump sum compensation for permanent impairment payable to a veteran under section 98 and clause 45 of Schedule 2 of the Act must be determined according to the level of the veteran’s whole-person impairment.

(2)

The amounts of lump sum compensation for permanent impairment that are payable for each level of whole-person impairment are set out in Schedule 2B.

(3)

A veteran’s level of whole-person impairment in the first column of Schedule 2B is to be determined in accordance with the American Medical Association Guides to the Evaluation of Permanent Impairment (4th ed).

Regulation 26E: inserted, on 7 December 2015, by regulation 9 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

Part 3 Regulations relating to Part 5 of Act

Part 3 heading: replaced, on 7 December 2015, by regulation 9 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

Veterans’ independence programme

Heading: inserted, on 7 December 2015, by regulation 9 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

26F Assessment of need

(1)

For the purpose of determining the services and support to be provided to a veteran, VANZ must assess the extent of the veteran’s ability to undertake activities that are required in order for the veteran to live independently in his or her home.

(2)

If VANZ reasonably considers it is necessary in order to make the assessment referred to in subclause (1), VANZ may require the veteran to undergo an assessment in person (at VANZ’s cost).

(3)

VANZ must make the assessment described in subclause (1)—

(a)

on receiving an application from the veteran in accordance with section 142 of the Act:

(b)

if the application is accepted, once in every year after the application is accepted.

(4)

If a person assessing a veteran under subclause (2) reasonably considers that the veteran’s ability to undertake activities that are required in order for the veteran to live independently in his or her home is likely to change within the following year, VANZ may make the assessment described in subclause (1) more frequently than once in every year.

Regulation 26F: inserted, on 7 December 2015, by regulation 9 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

26G Services and support provided by others

VANZ is not required to provide to a veteran under the veterans’ independence programme any services or support that the veteran receives from any other person or agency.

Regulation 26G: inserted, on 7 December 2015, by regulation 9 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

Weekly battery allowance

27 Entitlement to weekly battery allowance

A veteran is entitled to a weekly battery allowance if the veteran—

(a)

has a service-related hearing loss; and

(b)

is using a hearing aid that is approved by VANZ and that VANZ considers necessary and suitable for the veteran’s service-related hearing loss; and

(c)

is not being—

(i)

supplied with hearing aid batteries from anyone other than VANZ; or

(ii)

provided with funding for hearing aid batteries from anyone other than VANZ.

28 Rate of weekly battery allowance

The rate of the weekly battery allowance for the purposes of section 145(b) of the Act is—

(a)

$1.05, if a hearing aid is required for only 1 ear:

(b)

$2.13, if a hearing aid is required for each ear.

Motor vehicle grants

29 Interpretation

(1)

In regulations 30 and 31,—

severe lower body mobility impairment means a service-related impairment due to—

(a)

amputation of a lower limb; or

(b)

severe and permanent loss of function of the lower extremity affecting mobility

total lower body mobility impairment means a service-related impairment due to—

(a)

paraplegia; or

(b)

amputation of both lower limbs; or

(c)

total or near-total permanent loss of function of the lower extremity affecting mobility.

(2)

For the purposes of subclause (1), lower extremity means that part of the body from both hips (including the pelvis) to the toes of both feet.

30 Maximum amount of grant

The maximum amount of a motor vehicle grant under section 147 of the Act is—

(a)

$8,361.87, in the case of severe lower body mobility impairment:

(b)

$18,580.73, in the case of total lower body mobility impairment.

31 Frequency of grants

(1)

A motor vehicle grant in relation to severe lower body mobility impairment may be made to a veteran only once.

(2)

A motor vehicle grant in relation to total lower body mobility impairment may be made more than once, but only at intervals of not less that 5 years.

32 Additional grant for fitting controls

A veteran who receives a motor vehicle grant may also apply for an additional grant, up to a maximum of $3,000, for the purpose of fitting special driving controls to a vehicle without which the veteran would be unable to drive the vehicle.

33 Criteria for determining whether to make grant

The matters to be taken into account in determining whether to make a grant or an additional grant in relation to a motor vehicle are—

(a)

the nature and extent of a veteran’s lower body impairment; and

(b)

the veteran’s need for a motor vehicle or for the special controls; and

(c)

the suitability of the motor vehicle or the special controls for the veteran’s impairment and needs; and

(d)

the cost and condition of the motor vehicle or the special controls; and

(e)

whether the veteran will be able to drive the vehicle safely; and

(f)

whether the veteran will be legally permitted to drive the motor vehicle in the country in which the veteran intends to operate the vehicle (including whether the veteran holds or will be able to hold a valid driver’s licence); and

(g)

whether the motor vehicle or the special controls will comply with or be exempted from any applicable laws for operation of a motor vehicle in the country in which the veteran intends to operate that vehicle, such as vehicle registration and warrant of fitness; and

(h)

whether the veteran has or is able to obtain comprehensive motor vehicle insurance for the motor vehicle; and

(i)

if the motor vehicle is a mobility scooter or similar vehicle, whether the veteran has a medical certificate that indicates the veteran is capable of operating the vehicle; and

(j)

whether the veteran has received any previous assistance from VANZ, including (but not limited to) a motor vehicle loan under the War Pensions Act 1954, and how long ago that assistance was received; and

(k)

whether the veteran has received any money from the sale of a motor vehicle, or any part of a motor vehicle, that VANZ has previously helped purchase (and, if so, the amount received).

Retirement lump sums

34 Amount of retirement lump sum

The retirement lump sum under section 149 of the Act is $33,000.

35 Asset threshold for non-exempt assets

(1)

This regulation specifies the asset threshold for non-exempt assets for the purposes of section 149 of the Act, being the threshold at or above which a veteran does not qualify for a retirement lump sum under that section.

(2)

The asset threshold for a veteran who does not have a spouse or partner is $500,000, including the value of a residential dwelling and a vehicle.

(3)

A veteran who has a spouse or partner may elect one of the following asset thresholds:

(a)

$300,000, excluding the value of a residential dwelling and a vehicle:

(b)

$500,000, including the value of a residential dwelling and a vehicle.

36 Assets to be included in asset assessment

(1)

Assets to be included in an asset assessment under section 150 of the Act are the assets of the veteran and his or her spouse or partner (if any) that would come within the definition of assets in clause 4 of Schedule 27 of the Social Security Act 1964 (if the veteran were a person being means assessed under section 146 of that Act).

(2)

However, assets that are exempt assets and gifts that are allowable gifts are not included in an asset assessment.

(3)

For the purposes of subclause (2),—

(a)

an asset is an exempt asset if it would be an exempt asset under—

(i)

clause 4 of Schedule 27 of the Social Security Act 1964; or

(ii)

regulation 10 of the Social Security (Long-term Residential Care) Regulations 2005:

(b)

a gift is an allowable gift if the gift would be or would be treated as an allowable gift under regulations 9 and 9A of the Social Security (Long-term Residential Care) Regulations 2005.

37 Deprivation of assets

(1)

If VANZ is satisfied that a veteran or his or her spouse or partner (if any) has directly or indirectly deprived himself or herself of any assets (other than exempt assets), the veteran’s asset assessment under section 150 of the Act may be conducted as if the deprivation had not occurred.

(2)

For the purposes of subclause (1), instances of deprivation of assets include, but are not limited to, the instances described in regulation 9B(a) to (f) of the Social Security (Long-term Residential Care) Regulations 2005.

38 Gifting period

For the purposes of clauses 36 and 37, a reference to the gifting period in clause 4 of Schedule 27 of the Social Security Act 1964 and in regulations 9 to 9B of the Social Security (Long-term Residential Care) Regulations 2005 is to be read as the period of 5 years immediately preceding the date on which the veteran reached the New Zealand superannuation qualification age.

39 How value of land to be determined

(1)

If an asset assessment under section 150 of the Act involves determining the value of land, the value is to be determined in accordance with regulations 9D and 9E of the Social Security (Long-term Residential Care) Regulations 2005.

(2)

For the purposes of subclause (1), regulations 9D and 9E of those regulations apply with all necessary modifications and as if references to the chief executive were references to VANZ.

Funeral expenses

40 Funeral expenses

For the purposes of sections 153 and 154 of the Act, the maximum amount payable in relation to expenses of a funeral and burial or cremation of a veteran is $2,442.96.

41 Cost of transport of veteran’s body

For the purposes of section 153(5) of the Act, the maximum amount payable for transporting a veteran’s body from the hospital in which he or she died to the place of the veteran’s burial or cremation is—

(a)

$650, if the place is within the locality of the hospital:

(b)

$1,300, if the place is outside the locality of the hospital.

Financial advice

Heading: inserted, on 7 December 2015, by regulation 10 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

41A Prescribed amount for entitlement to costs of financial advice

(1)

This regulation prescribes an amount for the purposes of section 157(1)(b) of the Act.

(2)

The prescribed amount is $15,000.

Regulation 41A: inserted, on 7 December 2015, by regulation 10 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

Part 4 Regulations relating to Part 6 of Act

Rates of veteran’s pension

42 Rates of veteran’s pension

(1)

This regulation specifies the rates of veteran’s pension payable under Part 6 of the Act (subject to any abatement under section 171 of the Act).

(2)

The single living alone rate is $443.43 per week.

(3)

The single sharing accommodation rate is $407.53 per week.

(4)

The relationship rate is $335.74 per week.

(5)

The relationship (partner not receiving superannuation or pension) rate is $636.20 per week.

(6)

The relationship (partner not receiving superannuation or pension) legacy rate is $671.48 per week.

Regulation 42(2): amended, on 1 April 2016, by regulation 4(1) of the Veterans’ Support Amendment Regulations (No 2) 2016 (LI 2016/56).

Regulation 42(3): amended, on 1 April 2016, by regulation 4(2) of the Veterans’ Support Amendment Regulations (No 2) 2016 (LI 2016/56).

Regulation 42(4): amended, on 1 April 2016, by regulation 4(3) of the Veterans’ Support Amendment Regulations (No 2) 2016 (LI 2016/56).

Regulation 42(5): amended, on 1 April 2016, by regulation 4(4) of the Veterans’ Support Amendment Regulations (No 2) 2016 (LI 2016/56).

Regulation 42(6): amended, on 1 April 2016, by regulation 4(5) of the Veterans’ Support Amendment Regulations (No 2) 2016 (LI 2016/56).

Lump sum payment on death

43 Lump sum payment on death of veteran

(1)

This regulation specifies the amount payable under section 174(2) of the Act on the death of—

(a)

a veteran to whom section 162(1) of the Act applies and who, on the date of death,—

(i)

is ordinarily resident in New Zealand; and

(ii)

is receiving a veteran’s pension; or

(b)

a veteran who, on the date of death,—

(i)

is ordinarily resident in New Zealand; and

(ii)

is receiving a veteran’s pension under section 164 of the Act.

(2)

The amount is $5,791.47.

(3)

However, if the veteran was, before 1 April 1990, receiving a war veteran’s allowance under the War Pensions Act 1954, the amount is $14,602.73.

44 Lump sum payment on death of spouse or partner of veteran

(1)

This regulation specifies the amount payable under section 174(4) of the Act on the death of the spouse or partner of a veteran if, on the date of death, the spouse or partner—

(a)

is ordinarily resident in New Zealand; and

(b)

is receiving a veteran’s pension under section 162(2) of the Act.

(2)

The amount is $4,416.16.

Part 5 Regulations relating to Part 7 of Act

44A Transport costs associated with assessment

(1)

VANZ must pay a veteran’s or other claimant’s transport costs under this regulation if the veteran or other claimant is required to undergo a medical assessment in accordance with section 221(3) of the Act.

(2)

VANZ must pay the veteran or other claimant—

(a)

any fares paid for public transport for a journey:

(b)

for a journey in a private vehicle, $0.62 for each kilometre for the first 200 kilometres of the journey:

(c)

if VANZ approves payment for air fares for a journey before the veteran or other claimant undertakes the journey, any air fares paid for the journey.

(3)

In subclause (2), journey

(a)

means a journey from a veteran’s or other claimant’s residence to the place of assessment by the most direct route and the return journey from that place (if the veteran or other claimant makes a return journey); but

(b)

does not include any international part of a journey described in paragraph (a).

Regulation 44A: inserted, on 7 December 2015, by regulation 11 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

45 Procedure for appeals against review decisions

Regulations 46 to 53 prescribe the procedure relating to appeals against review decisions for the purposes of subpart 2 of Part 7 of the Act.

46 Interpretation

In this Part, unless the context otherwise requires,—

evidence means any evidence or information, whether or not that evidence or information would be admissible in a court of law

party

(a)

means a party to an appeal; and

(b)

includes VANZ.

47 VANZ must advise applicant of right to appeal

VANZ must, when notifying the outcome of a review decision to the person who applied for the review, advise the person—

(a)

of the right to appeal the review decision; and

(b)

of the time limit for bringing an appeal; and

(c)

that the person can obtain the form of the notice of appeal directly from VANZ or from VANZ’s Internet site.

48 Notice of appeal

(1)

The notice of appeal must be made in writing and in the form provided by VANZ for the purpose.

(2)

The notice of appeal must specify—

(a)

the review decision under appeal; and

(b)

the grounds for the appeal.

(3)

The notice of appeal must contain the following information:

(a)

the full name of the veteran or other claimant; and

(b)

a postal, physical, or electronic address to which information and notices concerning the appeal can be delivered to the appellant; and

(c)

whether the veteran or other claimant proposes to attend the hearing; and

(d)

any other information required by the form provided by VANZ for the purpose.

(4)

The form provided by VANZ may require the appellant to specify any evidence on which the appellant intends to rely for the appeal.

49 Notice of hearing

(1)

The appeal board must set a date and location for the hearing of an appeal.

(2)

Not later than 20 working days before the hearing date, the appeal board must notify the parties of the hearing date and location of the hearing.

50 Case management conferences and directions

(1)

The appeal board may hold a case management conference at any time.

(2)

If the appeal board considers that it will secure the just, speedy, and inexpensive determination of an appeal, or it is otherwise in the interests of justice, the appeal board may give a direction in relation to the management of the case.

(3)

A direction under subclause (2) may be given on the appeal board’s own initiative, or on the application of a party.

51 Evidence

(1)

Each party must, not later than 10 working days before the hearing date, provide all evidence on which that party wishes to rely at the hearing to the other party.

(2)

However, a party may provide further evidence at a later date in accordance with a direction given by the appeal board under regulation 50(2).

(3)

After determining an appeal, the appeal board must return all evidence provided to it by the veteran or other claimant, if the veteran or other claimant so requires.

(4)

To avoid doubt, VANZ may keep copies of any evidence provided to it.

52 Appellant not giving oral evidence

(1)

This regulation applies if the appellant does not provide oral evidence (whether by attending the hearing or remotely by electronic means).

(2)

If the appeal board decides that it cannot determine the appeal without hearing oral evidence from the appellant, the appeal is to be treated as having lapsed, but the appeal board may (on the application of the appellant) revive the appeal.

(3)

If the appeal board decides that it can determine the appeal without hearing oral evidence from the appellant, the appeal board may proceed to determine the appeal.

(4)

The appeal board must not make a decision under subclause (2) or (3) unless it has given the appellant—

(a)

prior notice that it is considering making the decision; and

(b)

a reasonable opportunity to respond.

53 Appeal may continue on death of veteran or other claimant

If a veteran or other claimant dies before his or her appeal has been determined, the appeal may be continued by his or her personal representative or by any other suitable person.

Part 6 Regulations relating to Part 8 of Act

Procedure of Veterans’ Advisory Board and Veterans’ Health Advisory Panel

54 Interpretation

(1)

In this Part, unless the context otherwise requires,—

advisory body means the Veterans’ Advisory Board or the Veterans’ Health Advisory Panel

chairperson

(a)

means the chairperson of an advisory body; and

(b)

includes the acting chairperson of an advisory body, if one has been appointed under section 248(4) or 255(5) of the Act (as applicable)

deputy chairperson means the deputy chairperson of an advisory body

matter means an advisory body’s performance of its functions or exercise of its powers

member

(a)

means a member of an advisory body; and

(b)

includes the chairperson and the deputy chairperson of the advisory body.

(2)

In this Part, a member is interested in a matter if he or she—

(a)

may derive a financial benefit from the matter; or

(b)

is the spouse, civil union partner, de facto partner, child, or parent of a person who may derive a financial benefit from the matter; or

(c)

may have a financial interest in a person to whom the matter relates; or

(d)

is a partner, director, officer, board member, or trustee of a person who may have a financial interest in a person to whom the matter relates; or

(e)

is otherwise directly or indirectly interested in the matter.

(3)

However, a member is not interested in a matter—

(a)

only because he or she receives an entitlement under the Act; or

(b)

if his or her interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence him or her in carrying out his or her responsibilities under the Act; or

(c)

only because he or she has past or current involvement in the defence sector, in medical research, or in veterans’ matters.

Meetings

55 Notice of meetings

(1)

An advisory body or the chairperson (or, if there is no chairperson or the chairperson is unavailable, the deputy chairperson) must appoint the times and places of ordinary meetings of the advisory body, and VANZ must give written notice of those meetings to each member.

(2)

Notice of a meeting—

(a)

must state the time and place of the meeting; and

(b)

must be sent to each member’s current postal or electronic address.

(3)

An irregularity in the notice of a meeting is waived if all members entitled to receive the notice—

(a)

attend the meeting without protesting about the irregularity; or

(b)

do not attend the meeting, but agree before the meeting is held to waive the irregularity.

Compare: 2004 No 115 Schedule 5 cl 7

56 Methods of holding meetings

A meeting of an advisory body may be held—

(a)

by a quorum of members being assembled together at the time and place appointed for the meeting; or

(b)

by means of audio, audiovisual, or electronic communication if—

(i)

all of the members who wish to participate in the meeting have access to the technology needed to participate in the meeting; and

(ii)

a quorum of members can simultaneously communicate with each other throughout the meeting.

Compare: 2004 No 115 Schedule 5 cl 8

57 Unanimous written resolutions

A resolution signed or assented to in writing (whether by post, delivery, or electronic communication) by all members who are entitled to vote on the matter is as valid and effectual as if it had been passed unanimously at a meeting of the advisory body duly called and constituted.

Compare: 2004 No 115 Schedule 5 cl 13

Disclosure of interests

58 Obligation to disclose interest

(1)

A member who is interested in a matter relating to an advisory body must disclose details of the interest in accordance with regulation 59 as soon as practicable after the member becomes aware that he or she is interested.

(2)

A general notice of an interest in a matter relating to an advisory body, or in a matter that may in future relate to an advisory body, that is disclosed in accordance with regulation 59 is a standing disclosure of that interest for the purposes of this regulation.

(3)

A standing disclosure ceases to have effect if the nature of the interest materially alters or the extent of the interest materially increases.

Compare: 2004 No 115 s 63

59 Who disclosure of interests must be made to

The member must disclose details of the interest in an interests register kept by VANZ and to—

(a)

the chairperson or, if there is no chairperson or if the chairperson is unavailable or interested, the deputy chairperson; or

(b)

the Minister, if there is neither a chairperson nor a deputy chairperson, or if both the chairperson and the deputy chairperson are unavailable or interested.

Compare: 2004 No 115 s 64

60 What must be disclosed

The details that must be disclosed under regulation 59 are—

(a)

the nature of the interest and the monetary value of the interest (if the monetary value can be quantified); or

(b)

the nature and extent of the interest (if the monetary value cannot be quantified).

Compare: 2004 No 115 s 65

61 Consequences of being interested in matter

(1)

A member who is interested in a matter relating to an advisory body—

(a)

must not vote or take part in any discussion of the advisory body in relation to the matter, or otherwise participate in any activity of the advisory body in relation to the matter; and

(b)

must not take part in any decision of the advisory body in relation to the matter or sign or otherwise endorse any document containing the advisory body’s advice, comments, or decisions relating to the matter; and

(c)

is to be disregarded for the purpose of forming a quorum for that part of a meeting of the advisory body during which a discussion or decision relating to the matter occurs or is made.

(2)

This regulation is subject to regulation 63.

Compare: 2004 No 115 s 66

62 Consequences of failing to disclose interest

The advisory body must notify the Minister of a failure to comply with regulation 58 or 61, and of the affected matters or acts, as soon as practicable after becoming aware of the failure.

Compare: 2004 No 115 s 67

63 Permission to act despite being interested in matter

(1)

The chairperson may, by prior written notice to the advisory body or by a ruling during a meeting, permit 1 or more members, or members with a specified class of interest, to take part in any discussion (but not in any decision) of the advisory body in relation to the matter to which the interest relates if the chairperson is satisfied that it is in the public interest to do so.

(2)

The permission may state conditions that the member or members must comply with.

(3)

The deputy chairperson may give the permission if there is no chairperson or if the chairperson is unavailable or interested.

(4)

The Minister may give the permission if there is neither a chairperson nor a deputy chairperson, or if both the chairperson and the deputy chairperson are unavailable or interested.

(5)

A permission may be amended or revoked in the same way as it was given.

(6)

The advisory body must disclose an interest to which a permission relates in every document to which the interest relates, together with a statement of who gave the permission and any conditions of, amendments to, or revocation of the permission.

Compare: 2004 No 115 s 68

Part 7 Regulations relating to Part 9 of Act

Treatment cards

64 Issue of treatment card

VANZ may issue a treatment card to a veteran if the veteran has an injury, illness, or condition—

(a)

that is service-related; and

(b)

for which VANZ will pay or contribute towards the cost of treatment.

65 Information to be included on treatment card

A treatment card issued to a veteran must include the following information:

(a)

the veteran’s—

(i)

full name; and

(ii)

VANZ reference number; and

(iii)

Defence Force number (if applicable); and

(iv)

national health index number:

(b)

the card’s date of issue:

(c)

the card’s date of expiry (if issued for a limited period):

(d)

a description of the injuries, illnesses, or conditions that the veteran has and for which VANZ will pay or contribute towards the cost of treatment:

(e)

how to contact VANZ:

(f)

a statement to the effect that—

(i)

VANZ will pay or contribute towards (whichever is applicable) the cost of treatment of the service-related injuries, illnesses, or conditions described on the card; but

(ii)

VANZ will not pay or contribute towards the cost of specialist treatment unless VANZ has given its prior approval.

66 Obligations of treatment card holders

A veteran to whom a treatment card is issued must—

(a)

use the card only as evidence of the service-related injuries, illnesses, or conditions described on the card that the veteran has and for which VANZ will pay or contribute towards the cost of treatment; and

(b)

comply with the conditions specified in regulation 67; and

(c)

comply with all other requirements and restrictions relating to the use of treatment cards specified in regulations 68 and 69.

67 Conditions of use

(1)

If a veteran’s treatment card is lost, stolen, or destroyed, the veteran must (as soon as possible after becoming aware that this has happened) tell VANZ that his or her treatment card has been lost, stolen, or destroyed.

(2)

A veteran must return his or her treatment card to VANZ as soon as possible if—

(a)

the treatment card is damaged; or

(b)

VANZ has requested (in writing) the veteran to return the card to VANZ.

(3)

A veteran must not add to, amend, or remove any information recorded on a treatment card.

(4)

A veteran must comply with any other requirement that—

(a)

is notified in writing by VANZ to the veteran; and

(b)

is reasonably necessary for the use of the treatment card or treatment cards generally.

68 Unauthorised uses of treatment card

(1)

A treatment card must not—

(a)

be used for any dishonest or improper purpose; or

(b)

be used after a veteran has received a notice in writing from VANZ recalling or cancelling the treatment card; or

(c)

be given, lent, or sold to another person.

(2)

However, subclause (1)(c) does not apply if a treatment card is given to another person to obtain, on behalf of a veteran, a service to which the veteran is entitled.

69 Recall of treatment card

VANZ may require a veteran to return a treatment card if—

(a)

the information on the card needs to be changed; or

(b)

the veteran is no longer entitled to the card; or

(c)

VANZ considers, on reasonable grounds, that the veteran—

(i)

has not complied with the conditions relating to the use of the card; or

(ii)

has used the card for an unauthorised purpose.

70 Cancellation of treatment card

(1)

VANZ may cancel a veteran’s treatment card by notice in writing to the veteran if VANZ considers, on reasonable grounds, that—

(a)

the veteran is not entitled to the treatment card; or

(b)

the veteran has asked VANZ to cancel the treatment card; or

(c)

the veteran has, without good reason, refused to return the card after VANZ has requested its return; or

(d)

the veteran has not complied with the conditions relating to the use of the card; or

(e)

the veteran has used the card for an unauthorised purpose.

(2)

VANZ may not cancel a treatment card under subclause (1)(a), (c), (d), or (e) unless it has—

(a)

given the veteran notice in writing—

(i)

that it proposes to cancel the card; and

(ii)

of the grounds for the proposed cancellation; and

(b)

given the veteran a reasonable opportunity to provide VANZ with any reasons why it should not cancel the card; and

(c)

carefully considered any reasons provided under paragraph (b).

Part 8 Regulations relating to Schedule 2 of Act

Part 8: replaced, on 7 December 2015, by regulation 12 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

70A Allowances and annuity payable under Part 1 of Schedule 1 of Act
[Revoked]

Regulation 70A: revoked, on 7 December 2015, by regulation 12 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

Weekly compensation

Heading: replaced, on 7 December 2015, by regulation 12 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

71 Indexation of weekly compensation applies from date of indexation

(1)

Weekly compensation payable under section 100 of the Act must be adjusted in accordance with the formula set out in regulation 15A.

(2)

Adjustments made under regulation 15A apply only to weekly compensation—

(a)

that is paid or payable on or after the date of indexation; and

(b)

that relates to a period of incapacity for which the veteran is entitled to weekly compensation that occurs on or after the date of indexation.

(3)

Despite subclause (2), adjustments made under this regulation may be made to weekly compensation that relates to a period that occurs on or after the date that is 6 days earlier than the date of indexation.

Regulation 71: replaced, on 7 December 2015, by regulation 12 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

Abatement of weekly compensation

Heading: inserted, on 7 December 2015, by regulation 12 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

72 Procedure for adjustments where weekly compensation subject to abatement

(1)

The adjustment under regulation 15A of weekly compensation that must be abated under clause 44 of Schedule 2 of the Act is determined by—

(a)

adjusting the appropriate unabated amount of weekly compensation in accordance with subclause (2); and

(b)

adjusting the amount of a person’s weekly earnings, as referred to in clause 44 of Schedule 2 of the Act, in accordance with subclause (3); and

(c)

applying clause 44 of Schedule 2 of the Act in accordance with subclause (4).

First adjustment

(2)

The amount of weekly compensation to which a veteran would be entitled but for an abatement under clause 44 of Schedule 2 of the Act must be adjusted in accordance with the formula set out in regulation 15A.

Second adjustment

(3)

The amount of the veteran’s weekly earnings must be adjusted at the date of indexation in accordance with the formula set out in regulation 15A.

Third adjustment

(4)

The amount of abated weekly compensation payable must be calculated in accordance with clause 44 of Schedule 2 of the Act, using the amounts as adjusted by subclauses (2) and (3).

Regulation 72: inserted, on 7 December 2015, by regulation 12 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

Child care payments

Heading: inserted, on 7 December 2015, by regulation 12 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

73 Weekly entitlement to child care payments

(1)

This regulation specifies the amount of the weekly entitlement to payment for child care that is payable under clause 64 of Schedule 2 of the Act.

(2)

The weekly entitlement to payment for child care per child is as follows:

(a)

if the number of children of a deceased veteran entitled to payment for child care is 1, $164.72:

(b)

if the number of children of a deceased veteran entitled to payment for child care is 2, $98.82:

(c)

if the number of children of a deceased veteran entitled to payment for child care is 3 or more, $230.62 divided by the number of children of the veteran for whom payment is being made.

Regulation 73: inserted, on 7 December 2015, by regulation 12 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

Part 9 Miscellaneous provisions

Part 9: inserted, on 7 December 2015, by regulation 12 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

Allowances and annuity payable under Part 1 of Schedule 1 of Act

Heading: inserted, on 7 December 2015, by regulation 12 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

74 Allowances and annuity payable under Part 1 of Schedule 1 of Act

(1)

This regulation applies to the allowances and the annuity that are described in the first column of Schedule 3 and that are payable in accordance with Part 1 of Schedule 1 of the Act.

(2)

For the purposes of Schedule 1 of the Act, the amount or maximum rate of an allowance or annuity to which this regulation applies is the amount or maximum rate specified in the second column alongside the description of the allowance or annuity.

Regulation 74: inserted, on 7 December 2015, by regulation 12 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

Schedule 1 Australian statements of principles that apply for purposes of Act

r 15

Schedule 1: replaced, on 19 November 2015, by regulation 4 of the Veterans’ Support Amendment Regulations (No 2) 2015 (LI 2015/240).

Number
ConditionReasonable hypothesisBalance of probabilities
accidental hypothermia17/201018/2010
accommodation disorder5/20096/2009
Achilles tendinopathy and bursitis96/201597/2015
acoustic neuroma29/201130/2011
acquired cataract39/200840/2008
acute articular cartilage tear53/201054/2010
acute infectious mononucleosis3/20124/2012
acute lymphoblastic leukaemia75/201276/2012
acute meniscal tear of the knee55/201056/2010
acute myeloid leukaemia71/201572/2015
acute pancreatitis85/201186/2011
acute rheumatic fever23/201124/2011
acute stress disorder41/201442/2014
adenocarcinoma of the kidney9/201310/2013
adhesive capsulitis of the shoulder7/20128/2012
adjustment disorder23/201624/2016
adrenal insufficiency74/200975/2009
albinism20/201521/2015
alcohol use disorder1/20092/2009
allergic contact dermatitis112/2011113/2011
allergic rhinitis22/201423/2014
alpha-1 antitrypsin deficiency29/201530/2015
Alzheimer-type dementia22/201023/2010
anal fissure73/201074/2010
analgesic nephropathy29/200830/2008
angle-closure glaucoma25/201226/2012
animal envenomation66/200867/2008
ankylosing spondylitis3/20134/2013
anosmia118/2011119/2011
anxiety disorder102/2014103/2014
aortic aneurysm9/201210/2012
aortic stenosis21/201322/2013
aplastic anaemia50/201251/2012
arachnoid cyst91/201592/2015
asbestosis55/201356/2013
ascariasis62/200863/2008
asthma60/201261/2012
atherosclerotic peripheral vascular disease23/201224/2012
atrial fibrillation and atrial flutter49/201450/2014
autosomal dominant polycystic kidney disease39/201540/2015
benign neoplasm of the eye and adnexa33/200834/2008
benign prostatic hyperplasia17/201618/2016
bipolar disorder27/200928/2009
blepharitis63/201064/2010
bronchiectasis17/200918/2009
bronchiolitis obliterans organising pneumonia62/200963/2009
cardiac myxoma11/200912/2009
cardiomyopathy85/201586/2015
carotid arterial disease37/201238/2012
carpal tunnel syndrome7/20138/2013
cerebral meningioma19/200920/2009
cerebrovascular accident65/201566/2015
cervical spondylosis66/201467/2014
Charcot-Marie-Tooth disease21/201522/2015
chicken pox87/201588/2015
chilblains9/200910/2009
chloracne17/201218/2012
cholelithiasis7/20088/2008
chondromalacia patella79/201080/2010
chronic fatigue syndrome11/201412/2014
chronic gastritis and chronic gastropathy25/201326/2013
chronic lymphocytic leukaemia/small lymphocytic lymphoma84/201485/2014
chronic multisymptom illness55/201456/2014
chronic myeloid leukaemia47/201448/2014
chronic obstructive pulmonary disease37/201438/2014
chronic pancreatitis104/2011105/2011
chronic pruritus ani75/201076/2010
chronic solvent encephalopathy71/201372/2013
chronic venous insufficiency of the lower limb29/201230/2012
cirrhosis of the liver107/2007108/2007
clonorchiasis113/2007114/2007
cluster headache20/201021/2010
coeliac disease1/20112/2011
colorectal adenoma35/201336/2013
concussion64/201265/2012
conductive hearing loss7/20118/2011
conjunctivitis1/20122/2012
Creutzfeldt-Jakob disease76/201477/2014
Cushing’s syndrome33/200934/2009
cut, stab, abrasion and laceration3/20084/2008
decompression sickness13/201514/2015
deep vein thrombosis54/201255/2012
dementia pugilistica11/201212/2012
dengue fever13/201214/2012
dental caries122/2015123/2015
dental malocclusion17/201118/2011
dental pulp and apical disease3/20144/2014
depressive disorder83/201584/2015
dermatomyositis9/201410/2014
diabetes mellitus89/201190/2011
discoid lupus erythematosus126/2015127/2015
dislocation24/201025/2010
diverticular disease of the colon15/201616/2016
Dupuytren’s disease57/201058/2010
dysbaric osteonecrosis17/201518/2015
eating disorder13/201614/2016
electrical injury31/200932/2009
endometriosis41/201242/2012
epicondylitis7/20158/2015
epilepsy75/201376/2013
epileptic seizure77/201378/2013
erectile dysfunction43/201344/2013
essential thrombocythaemia15/201316/2013
external bruise5/20166/2016
external burn110/2015111/2015
extrinsic allergic alveolitis87/201188/2011
familial adenomatous polyposis39/201340/2013
fibromuscular dysplasia60/200861/2008
fibromyalgia13/201414/2014
fibrosing interstitial lung disease53/201354/2013
fracture94/201595/2015
frostbite23/200924/2009
gastric ulcer and duodenal ulcer61/201562/2015
gastro-oesophageal reflux disease65/201366/2013
Gaucher’s disease27/201528/2015
giant cell arteritis71/201272/2012
gingivitis45/201346/2013
goitre23/201324/2013
gout30/201031/2010
Graves’ disease33/201334/2013
Guillain-Barre syndrome59/201360/2013
haemochromatosis21/201222/2012
haemophilia23/201524/2015
haemorrhoids41/200842/2008
hallux valgus98/201599/2015
Hashimoto’s thyroiditis31/201332/2013
heart block1/20142/2014
heel bursitis77/201078/2010
hepatitis A63/201564/2015
hepatitis B52/200853/2008
hepatitis C54/200855/2008
hepatitis D56/200857/2008
hepatitis E112/2015113/2015
hereditary spherocytosis67/201568/2015
herpes simplex3/20104/2010
herpes zoster47/201548/2015
hiatus hernia68/201469/2014
Hodgkin’s lymphoma35/201436/2014
hookworm disease64/200865/2008
horseshoe kidney31/201532/2015
human immunodeficiency virus5/20106/2010
human T-cell lymphotropic virus type 17/20108/2010
Huntington’s chorea37/201538/2015
hypertension63/201364/2013
hyperthyroidism and thyrotoxicosis27/201328/2013
hypopituitarism76/200977/2009
hypothyroidism29/201330/2013
iliotibial band syndrome34/201035/2010
immersion foot25/200926/2009
immune thrombocytopaenic purpura72/200873/2008
inflammatory bowel disease19/201220/2012
influenza58/200959/2009
ingrowing nail106/2015107/2015
inguinal hernia5/20136/2013
internal derangement of the knee51/201052/2010
intervertebral disc prolapse39/200740/2007
irritable bowel syndrome27/201128/2011
irritant contact dermatitis110/2011111/2011
ischaemic heart disease1/20162/2016
joint instability32/201033/2010
Kaposi’s sarcoma9/201110/2011
labral tear94/201095/2010
leptospirosis94/201495/2014
lipoma100/2015101/2015
localised sclerosis66/200967/2009
loss of teeth124/2015125/2015
lumbar spondylosis62/201463/2014
Lyme disease25/201626/2016
macular degeneration13/200914/2009
malaria60/200961/2009
malignant melanoma of the skin102/2015103/2015
malignant neoplasm of bone and articular cartilage106/2011107/2011
malignant neoplasm of the anus and anal canal51/201352/2013
malignant neoplasm of the bile duct69/201570/2015
malignant neoplasm of the bladder96/201197/2011
malignant neoplasm of the brain58/200859/2008
malignant neoplasm of the breast96/201497/2014
malignant neoplasm of the cerebral meninges21/200922/2009
malignant neoplasm of the cervix39/201240/2012
malignant neoplasm of the colorectum37/201338/2013
malignant neoplasm of the endometrium11/201612/2016
malignant neoplasm of the eye15/201016/2010
malignant neoplasm of the gallbladder89/201590/2015
malignant neoplasm of the larynx61/201362/2013
malignant neoplasm of the liver21/201122/2011
malignant neoplasm of the lung92/201493/2014
malignant neoplasm of the nasopharynx25/201126/2011
malignant neoplasm of the oesophagus120/2015121/2015
malignant neoplasm of the oral cavity, oropharynx and hypopharynx1/20132/2013
malignant neoplasm of the ovary70/200971/2009
malignant neoplasm of the pancreas73/201374/2013
malignant neoplasm of the prostate53/201454/2014
malignant neoplasm of the renal pelvis and ureter98/201199/2011
malignant neoplasm of the salivary gland57/201558/2015
malignant neoplasm of the small intestine1/20152/2015
malignant neoplasm of the stomach58/201459/2014
malignant neoplasm of the testis and paratesticular tissues3/20154/2015
malignant neoplasm of the thyroid gland39/201440/2014
malignant neoplasm of the urethra1/20082/2008
malignant neoplasm of unknown primary site80/201481/2014
Marfan syndrome25/201526/2015
melioidosis60/201461/2014
Meniere’s disease108/2015109/2015
mesangial IgA glomerulonephritis52/201253/2012
mesothelioma104/2015105/2015
methaemoglobinaemia47/201048/2010
microscopic polyangiitis13/201114/2011
migraine56/200957/2009
mitral valve prolapse43/201444/2014
moderate to severe traumatic brain injury62/201263/2012
morbid obesity5/20146/2014
Morton’s metatarsalgia92/201093/2010
motor neurone disease67/201368/2013
multiple osteochondromatosis43/201544/2015
multiple sclerosis100/2011101/2011
myasthenia gravis75/201576/2015
myelodysplastic syndrome73/201574/2015
myeloma69/201270/2012
myopia, hypermetropia and astigmatism9/201610/2016
narcolepsy7/20148/2014
neoplasm of the pituitary gland53/201554/2015
non-aneurysmal aortic atherosclerotic disease15/201216/2012
non-Hodgkin’s lymphoma28/201029/2010
non-melanotic malignant neoplasm of the skin7/20168/2016
obstructive and reflux neophropathy31/201132/2011
open-angle glaucoma27/201228/2012
opisthorchiasis111/2007112/2007
osteoarthritis13/201014/2010
osteogenesis imperfecta35/201536/2015
osteomyelitis90/201491/2014
osteoporosis98/201499/2014
otitic barotrauma35/201236/2012
otitis externa58/201259/2012
otitis media51/201452/2014
otosclerosis119/2007120/2007
Paget’s disease of bone49/201550/2015
panic disorder68/200969/2009
Parkinson’s disease and parkinsonism65/200766/2007
patellar tendinopathy114/2011115/2011
periodic limb movement disorder26/201427/2014
periodontal abscess49/201350/2013
periodontitis47/201348/2013
peripheral neuropathy74/201475/2014
peritoneal adhesions3/20164/2016
personality disorder70/200871/2008
pes planus45/201246/2012
photocontact dermatitis108/2011109/2011
physical injury due to munitions discharge48/201249/2012
pilonidal sinus71/201072/2010
pinguecula118/2015119/2015
plantar fasciitis51/201552/2015
pleural plaque45/201446/2014
poisoning and toxic reaction from plants and fungi84/201085/2010
polyarteritis nodosa11/201112/2011
polycythaemia vera11/201312/2013
polymyalgia rheumatica19/201620/2016
porphyria cutanea tarda43/201244/2012
posttraumatic stress disorder82/201483/2014
presbyopia117/2007118/2007
primary myelofibrosis17/201318/2013
psoriasis31/201232/2012
psoriatic arthropathy5/20126/2012
pterygium116/2015117/2015
pulmonary barotrauma15/201516/2015
pulmonary thromboembolism56/201257/2012
rapidly progressive crescentic glomerulonephritis81/201082/2010
reactive arthritis26/201027/2010
relapsing polychondritis45/200846/2008
renal artery atherosclerotic disease102/2011103/2011
renal stone disease65/201066/2010
restless legs syndrome20/201421/2014
retinal vascular occlusive disease83/201184/2011
rheumatic heart disease19/201120/2011
rheumatoid arthritis68/200869/2008
Ross River virus infection90/201091/2010
rotator cuff syndrome100/2014101/2014
sarcoidosis115/2007116/2007
schistosomiasis86/201087/2010
schizophrenia15/200916/2009
scrub typhus72/200973/2009
seborrhoeic dermatitis13/201314/2013
seborrhoeic keratosis55/201556/2015
sensorineural hearing loss5/20116/2011
shin splints9/201510/2015
sick sinus syndrome15/201416/2014
sickle-cell disorder43/200844/2008
sinus barotrauma49/201050/2010
sinusitis09/201010/2010
sleep apnoea41/201342/2013
smallpox31/200832/2008
soft tissue sarcoma5/20156/2015
solar keratosis73/201274/2012
somatic symptom disorder24/201425/2014
spasmodic torticollis21/200822/2008
spinal adhesive arachnoiditis116/2011117/2011
spondylolisthesis and spondylolysis59/201560/2015
sprain and strain94/201195/2011
steatohepatitis79/201380/2013
strongyloidiasis88/201089/2010
subarachnoid haemorrhage67/201068/2010
subdural haematoma33/201134/2011
substance use disorder3/20094/2009
sudden unexplained death57/201358/2013
suicide and attempted suicide11/201012/2010
systemic lupus erythematosus21/201622/2016
systemic sclerosis64/200965/2009
tension-type headache1/20102/2010
thoracic spondylosis64/201465/2014
thromboangiitis obliterans7/20098/2009
tinea11/201512/2015
tinnitus33/201234/2012
toxic maculopathy39/200940/2009
trigeminal neuralgia77/201578/2015
trigeminal neuropathy79/201580/2015
trochanteric bursitis and gluteal tendinopathy45/201546/2015
tuberculosis81/201582/2015
varicocele3/20114/2011
varicose veins of the lower limb120/2011121/2011
vascular dementia78/201479/2014
von Willebrand’s disease41/201542/2015
warts70/201471/2014
Wilson’s disease33/201534/2015

Schedule 1: amended, on 15 September 2016, by regulation 4(1) of the Veterans’ Support Amendment Regulations (No 4) 2016 (LI 2016/181).

Schedule 1: amended, on 15 September 2016, by regulation 4(2) of the Veterans’ Support Amendment Regulations (No 4) 2016 (LI 2016/181).

Schedule 1: amended, on 15 September 2016, by regulation 4(3) of the Veterans’ Support Amendment Regulations (No 4) 2016 (LI 2016/181).

Schedule 1: amended, on 15 September 2016, by regulation 4(4) of the Veterans’ Support Amendment Regulations (No 4) 2016 (LI 2016/181).

Schedule 1: amended, on 15 September 2016, by regulation 4(5) of the Veterans’ Support Amendment Regulations (No 4) 2016 (LI 2016/181).

Schedule 1: amended, on 15 September 2016, by regulation 4(6) of the Veterans’ Support Amendment Regulations (No 4) 2016 (LI 2016/181).

Schedule 1: amended, on 15 September 2016, by regulation 4(7) of the Veterans’ Support Amendment Regulations (No 4) 2016 (LI 2016/181).

Schedule 1: amended, on 15 September 2016, by regulation 4(8) of the Veterans’ Support Amendment Regulations (No 4) 2016 (LI 2016/181).

Schedule 1: amended, on 15 September 2016, by regulation 4(9) of the Veterans’ Support Amendment Regulations (No 4) 2016 (LI 2016/181).

Schedule 1: amended, on 15 September 2016, by regulation 4(10) of the Veterans’ Support Amendment Regulations (No 4) 2016 (LI 2016/181).

Schedule 1: amended, on 15 September 2016, by regulation 4(11) of the Veterans’ Support Amendment Regulations (No 4) 2016 (LI 2016/181).

Schedule 1: amended, on 15 September 2016, by regulation 4(12) of the Veterans’ Support Amendment Regulations (No 4) 2016 (LI 2016/181).

Schedule 1: amended, on 15 September 2016, by regulation 4(13) of the Veterans’ Support Amendment Regulations (No 4) 2016 (LI 2016/181).

Schedule 1: amended, on 15 September 2016, by regulation 4(14) of the Veterans’ Support Amendment Regulations (No 4) 2016 (LI 2016/181).

Schedule 1: amended, on 15 September 2016, by regulation 4(15) of the Veterans’ Support Amendment Regulations (No 4) 2016 (LI 2016/181).

Schedule 1: amended, on 30 June 2016, by regulation 4(1) of the Veterans’ Support Amendment Regulations (No 3) 2016 (LI 2016/115).

Schedule 1: amended, on 30 June 2016, by regulation 4(2) of the Veterans’ Support Amendment Regulations (No 3) 2016 (LI 2016/115).

Schedule 1: amended, on 30 June 2016, by regulation 4(3) of the Veterans’ Support Amendment Regulations (No 3) 2016 (LI 2016/115).

Schedule 1: amended, on 30 June 2016, by regulation 4(4) of the Veterans’ Support Amendment Regulations (No 3) 2016 (LI 2016/115).

Schedule 1: amended, on 30 June 2016, by regulation 4(5) of the Veterans’ Support Amendment Regulations (No 3) 2016 (LI 2016/115).

Schedule 1: amended, on 30 June 2016, by regulation 4(6) of the Veterans’ Support Amendment Regulations (No 3) 2016 (LI 2016/115).

Schedule 1: amended, on 30 June 2016, by regulation 4(7) of the Veterans’ Support Amendment Regulations (No 3) 2016 (LI 2016/115).

Schedule 1: amended, on 30 June 2016, by regulation 4(8) of the Veterans’ Support Amendment Regulations (No 3) 2016 (LI 2016/115).

Schedule 1: amended, on 30 June 2016, by regulation 4(9) of the Veterans’ Support Amendment Regulations (No 3) 2016 (LI 2016/115).

Schedule 1: amended, on 30 June 2016, by regulation 4(10) of the Veterans’ Support Amendment Regulations (No 3) 2016 (LI 2016/115).

Schedule 1: amended, on 30 June 2016, by regulation 4(11) of the Veterans’ Support Amendment Regulations (No 3) 2016 (LI 2016/115).

Schedule 1: amended, on 30 June 2016, by regulation 4(12) of the Veterans’ Support Amendment Regulations (No 3) 2016 (LI 2016/115).

Schedule 1: amended, on 30 June 2016, by regulation 4(13) of the Veterans’ Support Amendment Regulations (No 3) 2016 (LI 2016/115).

Schedule 1: amended, on 30 June 2016, by regulation 4(14) of the Veterans’ Support Amendment Regulations (No 3) 2016 (LI 2016/115).

Schedule 1: amended, on 24 March 2016, by regulation 4(1) of the Veterans’ Support Amendment Regulations 2016 (LI 2016/32).

Schedule 1: amended, on 24 March 2016, by regulation 4(2) of the Veterans’ Support Amendment Regulations 2016 (LI 2016/32).

Schedule 1: amended, on 24 March 2016, by regulation 4(3) of the Veterans’ Support Amendment Regulations 2016 (LI 2016/32).

Schedule 1: amended, on 24 March 2016, by regulation 4(4) of the Veterans’ Support Amendment Regulations 2016 (LI 2016/32).

Schedule 1: amended, on 24 March 2016, by regulation 4(5) of the Veterans’ Support Amendment Regulations 2016 (LI 2016/32).

Schedule 1: amended, on 24 March 2016, by regulation 4(6) of the Veterans’ Support Amendment Regulations 2016 (LI 2016/32).

Schedule 1: amended, on 24 March 2016, by regulation 4(7) of the Veterans’ Support Amendment Regulations 2016 (LI 2016/32).

Schedule 1: amended, on 24 March 2016, by regulation 4(8) of the Veterans’ Support Amendment Regulations 2016 (LI 2016/32).

Schedule 1: amended, on 24 March 2016, by regulation 4(9) of the Veterans’ Support Amendment Regulations 2016 (LI 2016/32).

Schedule 1: amended, on 24 March 2016, by regulation 4(10) of the Veterans’ Support Amendment Regulations 2016 (LI 2016/32).

Schedule 1: amended, on 24 March 2016, by regulation 4(11) of the Veterans’ Support Amendment Regulations 2016 (LI 2016/32).

Schedule 1: amended, on 24 March 2016, by regulation 4(12) of the Veterans’ Support Amendment Regulations 2016 (LI 2016/32).

Schedule 2 Rate of disablement pension

r 17

Level of whole-person impairment (%)Weekly payment rate ($)
5–710.85
8–1221.70
13–1732.54
18–2243.39
23–2554.24
26–3065.09
31–3275.93
33–3786.78
38–4197.63
42–47108.48
48–49119.32
50130.17
51141.02
52–54151.87
55–57162.71
58–61173.56
62–66184.41
67195.26
68–74206.10
75216.95
76227.80
77238.65
78249.49
79260.34
80271.19
81292.88
82314.58
83336.27
84357.97
85–100381.83

Schedule 2A Accepted late-onset conditions

r 26A

Schedule 2A: inserted, on 7 December 2015, by regulation 13 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

Condition
acoustic neuroma
acute infectious mononucleosis
acute lymphoblastic leukaemia
acute myeloid leukaemia
acute pancreatitis
acute rheumatic fever
acute stress disorder
adenocarcinoma of the kidney
adjustment disorder
adrenal insufficiency
alcohol use disorder
alpha-1 antitrypsin deficiency
alzheimer-type dementia
analgesic nephropathy
animal envenomation
anxiety disorder
aortic aneurysm
aortic stenosis
aplastic anaemia
asbestosis
ascariasis
asthma
atherosclerotic peripheral vascular disease
atrial fibrillation and atrial flutter
autosomal dominant polycystic kidney disease
bipolar disorder
bronchiectasis
cardiac myxoma
cardiomyopathy
carotid arterial disease
cerebral meningioma
cerebrovascular accident
Charcot-Marie-Tooth disease
chicken pox
cholelithiasis
chronic lymphocytic leukaemia/small lymphocytic lymphoma
chronic myeloid leukaemia
chronic obstructive pulmonary disease
chronic pancreatitis
chronic solvent encephalopathy
cirrhosis of the liver
clonorchiasis
coeliac disease
colorectal adenoma
Creutzfeldt-Jakob disease
Cushing’s syndrome
Cut, stab, abrasion and laceration
decompression sickness
deep vein thrombosis
dementia pugilistica
dengue fever
depressive disorder
dermatomyositis
diabetes mellitus
eating disorder
electrical injury
endometriosis
epilepsy
epileptic seizure
essential thrombocythaemia
external burn
extrinsic allergic alveolitis
familial adenomatous polyposis
familial hypertrophic cardiomyopathy
fibromuscular dysplasia
fibrosing interstitial lung disease
gastric ulcer and duodenal ulcer
Gaucher’s disease
giant cell arteritis
Graves’ disease
Guillain-Barre syndrome
haemochromatosis
haemophilia
Hashimoto’s thyroiditis
heart block
hepatitis A
hepatitis B
hepatitis C
hepatitis D
hepatitis E
hereditary spherocytosis
herpes simplex
herpes zoster
Hodgkin’s lymphoma
hookworm disease
human immunodeficiency virus
human T-cell lymphotropic virus type 1
Huntington’s chorea
hyperthyroidism and thyrotoxicosis
hypopituitarism
hypothyroidism
immune thrombocytopaenic purpura
inflammatory bowel disease
inguinal hernia
ischaemic heart disease
Kaposi’s sarcoma
leptospirosis
localised sclerosis
malaria
malignant melanoma of the skin
malignant neoplasm of bone and articular cartilage
malignant neoplasm of the anus and anal canal
malignant neoplasm of the bile duct
malignant neoplasm of the bladder
malignant neoplasm of the brain
malignant neoplasm of the breast
malignant neoplasm of the cerebral meninges
malignant neoplasm of the cervix
malignant neoplasm of the colorectum
malignant neoplasm of the endometrium
malignant neoplasm of the eye
malignant neoplasm of the gallbladder
malignant neoplasm of the larynx
malignant neoplasm of the liver
malignant neoplasm of the lung
malignant neoplasm of the nasopharynx
malignant neoplasm of the oesophagus
malignant neoplasm of the oral cavity, oropharynx and hypopharynx
malignant neoplasm of the ovary
malignant neoplasm of the pancreas
malignant neoplasm of the prostate
malignant neoplasm of the renal pelvis and ureter
malignant neoplasm of the salivary gland
malignant neoplasm of the small intestine
malignant neoplasm of the stomach
malignant neoplasm of the testis and paratesticular tissue
malignant neoplasm of the thyroid gland
malignant neoplasm of the urethra
malignant neoplasm of unknown primary site
Marfan syndrome
meliodosis
mesangial IgA glomerulonephritis
mesothelioma
methaemoglobinaemia
microscopic polyantiitis
moderate to severe traumatic brain injury
motor neurone disease
multiple osteochondromatosis
multiple sclerosis
myasthenia gravis
myelodysplastic disorder
myeloma
neoplasm of the pituitary gland
non-aneurysmal aortic atherosclerotic disease
non-Hodgkin’s lymphoma
non-melanotic malignant neoplasm of the skin
obstructive and reflux neophropathy
opisthorchiasis
osteogensis imperfecta
osteomyelitis
panic disorder
Parkinson’s disease and parkinsonism
peritonal adhesions
personality disorder
physical injury due to munitions discharge
poisoning and toxic reaction from plants and fungi
polyarteritis nodosa
polycythaemia vera
porphyria cutanea tarda
post-traumatic stress disorder
primary myelofibrosis
psoriasis
pulmonary barotrauma
pulmonary thromboembolism
rapidly progressing crescentic glomerulonephritis
relapsing polychondritis
renal artery atherosclerotic disease
renal stone disease
rheumatic heart disease
rheumatoid arthritis
Ross River virus infection
sarcoidosis
schistomosomiasis
schizophrenia
scrub typhus
sick sinus syndrome
sickle-cell disorder
sinusitis
sleep apnoea
smallpox
soft tissue sarcoma
somatic symptom disorder
steatohepatitis
strongyloidiasis
subarachnoid haemorrhage
subdural haematoma
substance use disorder
suicide and attempted suicide
systemic lupus erythematosus
systemic sclerosis
thromboagniitis obliterans
tinnitus
tuberculosis
vascular dementia
von Willebrand’s disease
Wilson’s disease

Schedule 2B Lump sum compensation for permanent impairment

r 26E

Schedule 2B: inserted, on 7 December 2015, by regulation 13 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

Level of whole-person impairment (%)Amount of lump sum compensation ($)
00.00
10.00
20.00
30.00
40.00
52,500.00
62,748.33
73,021.33
83,321.45
93,651.37
104,014.07
114,555.16
125,117.11
135,696.76
146,297.25
156,920.23
167,562.51
178,228.84
188,917.67
199,632.14
2010,370.76
2111,135.02
2211,924.99
2312,743.86
2413,591.63
2514,468.32
2615,377.09
2716,316.40
2817,287.80
2918,294.50
3019,336.57
3120,413.93
3221,529.87
3322,684.32
3423,880.49
3525,116.80
3626,398.13
3727,722.77
3829,093.95
3930,514.93
4031,984.09
4133,504.64
4235,078.12
4336,707.83
4438,393.77
4540,139.05
4641,945.39
4743,814.34
4845,749.12
4947,751.37
5049,824.22
5151,969.34
5254,189.91
5356,487.58
5458,865.48
5561,326.94
5663,875.06
5766,511.49
5869,241.07
5972,065.39
6074,989.18
6178,015.84
6281,146.78
6384,388.56
6487,744.32
6591,215.66
6694,810.67
6798,529.34
68102,379.62
69106,364.75
70110,488.04
71114,757.39
72119,174.48
73123,747.26
74128,479.09
75133,377.85
76138,446.84
77143,694.01
78149,124.25
79154,745.52
80160,562.74
81166,584.00
82172,814.00
83179,260.00
84185,928.00
85+192,826.00

Schedule 3 Allowances and annuity payable under Part 1 of Schedule 1 of Act

r 74

Schedule 3: inserted, on 1 April 2015, by regulation 7 of the Veterans’ Support Amendment Regulations 2015 (LI 2015/50).

Schedule 3 heading: amended, on 7 December 2015, by regulation 14 of the Veterans’ Support Amendment Regulations (No 3) 2015 (LI 2015/251).

Allowance or annuityAmount
Maximum rate of allowance payable under regulation 44 of the War Pensions Regulations 1956$25.13 a week
Allowance payable under section 29A of the War Pensions Act 1954 and regulation 39A of the War Pensions Regulations 1956$31.30 a week
Annuity payable under section 29A of the War Pensions Act 1954 and regulation 39C of the War Pensions Regulations 1956$2,189.38

Michael Webster,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 4 December 2014.

Reprints notes
1 General

This is a reprint of the Veterans’ Support Regulations 2014 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.