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12.2.3 Using the Correct Information Gathering Powers

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Summary of correct use of powers

The table below provides a summary of the correct use of information gathering powers under the VEA:

If the notice is issued to a...

and they are required to...

Then the following section of the VEA should be used...

provide information on a Departmental form

    VEA?

  • recipient of benefits under Part IIIB Division 12

provide documents, information or appear before an employee of the Department

    VEA?

provide information on a Departmental form

    VEA?

  • person, including a person employed in or in connection with a Commonwealth, State or Territory Department
  • a person indebted to the Commonwealth

Provide documents, information or appear before an office of the Department

    VEA?

Examples of correct use of powers

The table below illustrates some examples of what section of the VEA can be used to gather information in certain situations:

If information is requested from a...

And...

Then the section of the VEA to be used is...

person receiving service pension and disability pension

service pension has been cancelled due to an overpayment

    VEA?

  • person no longer a service pensioner so 54A and 54AA do not apply.
  • overpayment not related to disability pension so 127 does not apply.

war widow who is a service pensioner in her own right

income and asset details are required in respect of her service pension

    

VEA ?

Section 54A VEA - requirement to give particular information relevant to the payment of pension

Section 54AA VEA - requirement to give information, produce documents or appear before an officer

VEA ? (go back)

person receiving service pension disability pension, and treatment with respect to their disability pension

information is required regarding the person's treatment

    

VEA ?

Section 127 VEA - power to obtain information

Section 128 VEA - power of Secretary to obtain information from a person (third party)

VEA ? (go back)


Veterans' Entitlements Act 1986.

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.

 

 

Disability pension, for the purposes of service pension and income support supplement, means:

  • a pension paid for incapacity from war caused conditions, or peacetime, peacekeeping or hazardous service caused conditions (other than a war widow's or orphan's pension); or
  • temporary incapacity allowance; or
  • any other payment in respect of incapacity or death resulting from war or war-like operations in which the Crown has been engaged [usually paid by another Commonwealth country].

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.