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Imprisonment of a Claimant

Effect of imprisonment on a claim

The imprisonment of a claimant for pension does not affect the obligation of the Commission to determine the claim. The claim should be investigated and a decision made in accordance with normal procedures. This applies equally, if the imprisoned person lodges a claim either:    

  • before entering prison, or
  • while in prison.
Effect of imprisonment on a pension or benefit


Section 36A(1) VEA - Age service pension

Section 37A(1) VEA - Invalidity service pension

Section 38A(1) VEA - Partner service pension

Section 45B VEA - Income support supplement

VEA ? (go back)

Upon assessment of a claim, an imprisoned person may be eligible for a pension or benefit to be granted. However, due to the imprisonment of that person, the pension or benefit may not be payable.    

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