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3.8 Restrictions on Dual Pensions

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Last amended: 1 December 2010

Restrictions

VEA ?

Section 36C VEA - age service pension restrictions

Section 37C VEA - invalidity service pension restrictions

Section 38C VEA - partner service pension restrictions

Section 45D VEA - income support supplement restrictions

Section 45E VEA – Election to continue to receive social security pension

VEA ? (go back)

Restrictions exist on the payment of dual pensions. The following table demonstrates the types of pensions a person is not entitled to receive at the same time.

If a person receives...

Then they are not entitled to...

any form of service pension

[glossary:war widow:][glossary:'s/w:] — [glossary:idower's pension:]

an overseas war widow's/widower's pension that is similar in character to an Australian war widow's/widower's pension

  • partner service pension

income support supplement

  • any form of service pension, or

  • a Centrelink pension or benefit.

* Under s45E, savings provisions allow certain war widow/widowers to continue to receive their Centrelink payments indefinitely (until death) or until such time as they elect to receive ISS.

Existing dual payments

Prior to 16 March 1973 it was permissible for certain dual pensions to be paid. However, on that date, either service pension or Social Security pension was frozen at the rate that was then payable.

See Also


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.

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

 

 

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

  • widow allowance;
  • youth allowance;
  • austudy payment;
  • newstart allowance;
  • sickness allowance;
  • special benefit;
  • partner allowance;
  • mature age allowance;
  • benefit PP (partnered);
  • parenting allowance.

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

 

 

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 person's 'partner' is someone who is a member of a couple with that person.

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.