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12.5.1 Overview of Income Support Reviews and Appeals

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What is a right of review?

A person who is dissatisfied with a decision made by a delegate of the Commission in relation to certain claims for a pension or reassessment of a rate of pension may apply for a review of that decision. This is referred to as a "right of review". A written notice of the making of the decision and of the right of the person to have the decision reviewed must be provided to the person.

Decisions subject to internal review

The VEA provides review procedures for veterans, eligible Defence personnel and widows who wish to appeal against decisions concerning:

The first level of review on issues concerning service pension, income support supplement or supplementary benefits is to a delegate of the Repatriation Commission     

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Income Support and Review of Decisions by the Repatriation Commission

Section 12.5.2

Veterans' Compensation Review of Decisions by the Repatriation Commission

Section 12.5.6

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Freedom of Information

Under the Freedom of Information Act 1982 a person may seek access to information in documentary form in the possession of DVA, including those relating to a decision which adversely affects their interests (or has the potential to do so).    

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Freedom of Information

Section 12.5.11

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A Delegate of the Commission  is a decision-maker who has been delegated authority to exercise the Commission's powers for the administration of pensions under theVEA.

 

 

According to Section 179 of the VEA, the Commission is a body corporate under the name of Repatriation Commission.

 

 

Veterans' Entitlements Act 1986.

For the purposes of Part VI of the VEA, a reference to a veteran is taken to be a reference to:

  • a veteran as defined in subsection 5C(1) of the VEA;
  • a member of the Forces as defined in subsection 68(1) of the VEA; or
  • a member of a Peacekeeping Force as defined in subsection 68(1) of the VEA.

For the purposes of Part VII of the VEA, according to subsection 5C(1), veteran means a person (including a deceased person):

  • who is taken to have rendered eligible war service, or
  • in respect of whom a pension is, or pensions are, payable under subsection 13(6) and
  • in Part III and Part VIIC of the VEA includes a person who is:

 

 

A widow is a woman who was:

  • the partner of a person immediately before the person died; or
  • legally married to a man and living with him immediately before he died; or
  • legally married to a man and living separetely and apart from him on a permanent basis, immediately before he died.

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.

 

 

A Delegate of the Commission  is a decision-maker who has been delegated authority to exercise the Commission's powers for the administration of pensions under theVEA.

 

 

The Department of Veterans' Affairs.