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11.1.3 Effective Dates for Grants

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Last amended: 1 July 2008

Effective date for grant of service pension and ISS

VEA ?

Section 36M VEA - age service pension

Section 37M VEA - invalidity service pension

Section 38M VEA - partner service pension

Section 45R VEA - ISS

VEA ? (go back)

Grants for age, invalidity and partner service pension and ISS  take effect on the day of determination, or on a later or earlier day specified in the determination.    

Effective date for grant earlier than determination

VEA ?

Section 36B VEA - age service pension

Section 37B VEA - invalidity service pension

Section 38B VEA - partner service pension

Section 45C VEA - ISS

Section 45R(2) VEA

VEA ? (go back)

Age, invalidity and partner service pension are generally not payable before the claim for pension is made. In other words, pension may be granted from the day the claim is made, rather than the day the determination is made. This applies to both:

Claims for ISS may be payable earlier than the date the claim for pension was made, if certain conditions are met.

Backdating of partner service pension where veteran is T&PI

    

There are special provisions where the spouse of the person applying for partner service pension becomes a special rate disability pensioner (T&PI) after the person has made a claim for partner service pension.  Providing that:

  • the person makes a claim for partner service pension that is refused; and
  • the claim would not have been refused if, when the claim was made the person's partner was a special rate disability pensioner (T&PI); and
  • after the claim is refused the person's partner becomes a special rate disability pensioner (T&PI); and
  • the person makes another claim (a new claim) for partner service pension within 3 months of the veteran being notified that they are a special rate disability pensioner (T&PI);

then the partner service pension date of grant should be the later of:

  • the date the person makes a claim for partner service pension; and
  • the day that the veteran became a special rate disability pensioner.
Backdating pension payability

It is DVA policy and the intention of the legislation to allow a claim to be lodged before the claimant reaches pension age or qualifying age[glossary:,:] so that the new claim can be processed and ready for payment from the date the claimant becomes eligible. Backdating pension payability to the date of the informal claim requires that the claimant be eligible on the day the informal claim is lodged. This means that if an informal claim is lodged when the eligibility conditions are not satisfied, for example, before a claimant reached pension age or qualifying age[glossary:,:] or attained invalidity status, then backdating is not permitted. This rule does not apply to proper claims, which may be lodged at any time. A legislative change is being sought to remove the requirement that for backdating to occur, a claimant must be eligible at the time of lodging an informal claim.

Assisting applicants to lodge valid claims

Members of the veteran community should be assisted to lodge either a proper claim, or at least an initial incorrect claim by their earliest eligibility date. Proper claims should preferably be encouraged before the person attains the applicable pension age or qualifying age[glossary:,:]. This practice is particularly important where veterans are encouraged to lodge claims early, for example, where a veteran's qualifying service [glossary:(:]QS[glossary:):] status may be determined in advance.

Effective date for grant later than date of claim/determination

If a person is not eligible for pension at the time the claim is made, the grant may take effect from a later day. Reasons for this may include:

Automatic grant of ISS

    

Persons who were receiving partner service pension or social security age pension paid by DVA, immediately before being granted a war widow's/widower's pension following the death of their partner are not required to lodge a claim for ISS. The effective date for the ISS grant may be either the day after the end of the bereavement period or the date of grant of war widow's/widower's pension, depending upon whether section 53L VEA or section 53K VEA applies.    


A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

ISS is an income support payment that may be paid to eligible war widows and widowers under the VEA and persons receiving wholly dependent partners' compensation under the MRCA, and who satisfy the means tests. It is an indexed rate, increased twice-yearly in March and September in line with changes to the cost of living and/or average wages. Income Support Supplement (ISS) legislation commenced on 20 March 1995. It is a payment created to replace the ceiling rate income support age, carer, wife and disability support pensions, paid to war widows/widowers by Centrelink.

 

 

If a person lodges a claim, which is not a proper claim, they may be considered to have made an initial claim. Where this happens, pension may be granted from the date on which the initial claim was made, provided the person subsequently lodges a proper claim:

  • within 3 months of being notified that the initial claim was not a proper claim, or
  • at any time if the person was not so notified.

 

 

To be a proper claim, the claim must be:

  • made in writing;
  • in accordance with a form approved by the Commission; and
  • accompanied by any evidence available to the claimant that the claimant considers may be relevant to the claim

Currently, the pension age for a veteran is 60 years of age (VEA 5QA).

The pension age for a non-veteran is determined by the table below:

Date of birth (both dates inclusive)

Age Pension age

1 July 1952 to 31 December 1953

65 years and 6 months

1 January 1954 to 30 June 1955

66 years

1 July 1955 to 31 December 1956

66 years and 6 months

On or after 1 January 1957

67 years

 

Qualifying age is defined in section 5Q(1) of the VEA and is equivalent to the pension age for a veteran which is described in section 5QA VEA as:

  •       60 years for a male,
  •       for females subject to age equalisation (refer to the table in section 5QA VEA).

If a person lodges a claim, which is not a proper claim, they may be considered to have made an initial claim. Where this happens, pension may be granted from the date on which the initial claim was made, provided the person subsequently lodges a proper claim:

  • within 3 months of being notified that the initial claim was not a proper claim, or
  • at any time if the person was not so notified.

 

 

Currently, the pension age for a veteran is 60 years of age (VEA 5QA).

The pension age for a non-veteran is determined by the table below:

Date of birth (both dates inclusive)

Age Pension age

1 July 1952 to 31 December 1953

65 years and 6 months

1 January 1954 to 30 June 1955

66 years

1 July 1955 to 31 December 1956

66 years and 6 months

On or after 1 January 1957

67 years

 

Qualifying age is defined in section 5Q(1) of the VEA and is equivalent to the pension age for a veteran which is described in section 5QA VEA as:

  •       60 years for a male,
  •       for females subject to age equalisation (refer to the table in section 5QA VEA).

To be a proper claim, the claim must be:

  • made in writing;
  • in accordance with a form approved by the Commission; and
  • accompanied by any evidence available to the claimant that the claimant considers may be relevant to the claim

To be a proper claim, the claim must be:

  • made in writing;
  • in accordance with a form approved by the Commission; and
  • accompanied by any evidence available to the claimant that the claimant considers may be relevant to the claim

Currently, the pension age for a veteran is 60 years of age (VEA 5QA).

The pension age for a non-veteran is determined by the table below:

Date of birth (both dates inclusive)

Age Pension age

1 July 1952 to 31 December 1953

65 years and 6 months

1 January 1954 to 30 June 1955

66 years

1 July 1955 to 31 December 1956

66 years and 6 months

On or after 1 January 1957

67 years

 

Qualifying age is defined in section 5Q(1) of the VEA and is equivalent to the pension age for a veteran which is described in section 5QA VEA as:

  •       60 years for a male,
  •       for females subject to age equalisation (refer to the table in section 5QA VEA).

Qualifying service is one of the criteria used to determine eligibility for certain benefits under the Veterans' Entitlements Act 1986. Refer to section 7A of the VEA for the full defintion.

 

 

Qualifying service is one of the criteria used to determine eligibility for certain benefits under the Veterans' Entitlements Act 1986. Refer to section 7A of the VEA for the full defintion.

 

 

Currently, the pension age for a veteran is 60 years of age (VEA 5QA).

The pension age for a non-veteran is determined by the table below:

Date of birth (both dates inclusive)

Age Pension age

1 July 1952 to 31 December 1953

65 years and 6 months

1 January 1954 to 30 June 1955

66 years

1 July 1955 to 31 December 1956

66 years and 6 months

On or after 1 January 1957

67 years

 

A form of pension that is paid to the partner of a veteran where the veteran has died as a result of war service or eligible Defence ServiceWar widow's/widower's pension is also paid to the partner of a veteran whose death was not war caused if the veteran was a ex-prisoner of war or if the veteran was receiving Extreme Disablement Adjustment Rate, Special Rate (T&PI) or a rate increased in respect of certain war-caused injury or disease.

 

A person's 'partner' is someone who is a member of a couple with that person.

Bereavement period, as defined in section 53H of VEA, in relation to a person's death, means the period of 98 days starting on the day on which the person died.