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3.5.3 Persons not Residing in Australia

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VEA ?

Lodging Claims for Service pension outside Australia

Section 36H(2) VEA

Section 37H(2) VEA

Section 38H(2) VEA

Section 45M(2) VEA

VEA ? (go back)

Eligible Claimants

A person  who is physically outside Australia, can lodge a claim for service pension or ISS, only if they are already in receipt of:

  • age service pension; or
  • invalidity service pension; or
  • partner service pension; or
  • income support supplement; or
  • a social security pension, if the person would, should that pension be cancelled, be eligible for a service pension or ISS.
Transfer to SP or ISS

A person receiving one of the above payments may transfer to a service pension or ISS if he or she would be eligible for the grant of the applicable pension as an Australian resident residing in Australia.     


Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:

  • Christmas Island
  • Cocos (Keeling) Islands

Subsection 5Q(1) of the VEA provides specifically that the definition of Australia includes the external territories for many VEA purposes including Part III, IIIAB, some parts of Part IIIB, Parts IIID, VIIA, VIIC and sections 52ZO, 58A, and 132.  Norfolk Island] is currently the only external territory of Australia. For the above VEA sections, which cover service pension, [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement and Commonwealth Seniors Health Card purposes it is considered to be part of Australia. The test of residing in Australia does not by itself satisfy the full definition of Australian Resident, as residency also requires Australian citizenship or the holding of a specified visa.

Papua New Guinea and Nauru have both previously been external territories of Australia.  Lord Howe Island and Macquarie Island, formerly regarded as separate islands, are now part of mainland NSW and Tasmania respectively.

 

 

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.

 

 

The term social security pension is defined in Section 5Q(1) VEA to mean:

  • age pension;
  • disability support pension;
  • wife pension;
  • carer payment;
  • pension PP (single);
  • sole parent pension;
  • bereavement allowance;
  • widow B pension;
  • mature age partner allowance;
  • special needs pension.



As benefits (pensions) may change, for the most current definition access this link to the Social Security Act 1991

http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200401781?OpenDocument

 

 

An Australian resident is a person who:

  • resides in Australia; and
  • is one of the following:
  • an Australian citizen;
  • the holder of a permanent visa;
  • the holder of a special category visa who is likely to remain permanently in Australia;
  • the holder of a special purpose visa who is likely to remain permanently in Australia.