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Applications for Review
Form of request for review
- be made within 3 months after the person seeking the review was notified of the initial decision,
- set out the grounds on which the request for review is made, and
- be in writing.
Date claimant notified of Commission decision
A person is taken to have been notified of a decision by the Commission when a properly addressed, pre-paid post and posted, letter advising of the decision has been delivered to the claimant. It would be reasonable to allow five working days for delivery of this letter as set out in section 163 of the Evidence Act 1995.
Date of lodgment of application for review
The date of lodgment of an application for review is the date on which the request is received at an office of DVA, or an office approved by the Commission or by an officer of the Department in the course of duty away from the office.
In the absence of evidence of the date of receipt, it will be deemed to have been received on the day it would ordinarily have been delivered if posted:
- from the address, and
- on the postmarked date shown on the envelope.
If this information is illegible, the date on the letter itself is used.
Late request for a review for income support pension or CSHC
If a person requests a review after the allowable three months period, the person must be advised that the time to apply for a review of the decision has expired and possible options available. The following table outlines what action is to be taken with requests for review received after the allowable period.
If service pension or income support supplement
Then the request for review is...
Was not in payment
Regarded as an informal claim for:
A decision on qualifying service
Was in payment
Treated as an application for increase in pension and investigated accordingly
The CSHC is intended to assist those retirees and other eligible veterans, war widow(er)s and their partners of pension age who fail to qualify for an income support pension from DVA or a pension or benefit from Centrelink. The card entitles the holder to pharmaceuticals listed on the PBS at a concessional rate and seniors supplement.
The Department of Veterans' Affairs.
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.
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.