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Determination of claim for a mental health condition
In this chapter
Following the determination of the claim
Section 45SB VEA and section 6 Veterans’ Entitlements (Veteran Payment) Instrument 2018
Following the determination of a liability claim for a mental health condition, Veteran Payment will continue for 42 days (six weeks) or until the first incapacity payment is made. In certain circumstances, payment may be extended beyond this period.
For further information please see: Extension of Veteran Payment in special circumstances.
If the claim for a mental health condition has not been accepted DVA will work to assist to transition the current or former member of the ADF to a Department of Human Services income support payment or to work via their rehabilitation plan.
Multiple liability claims for a mental health condition(s)
Sub-sections 6(2) & 6(3) of the Veterans’ Entitlements (Veteran Payment) Instrument 2018.
If the current or former member of the ADF has made liability claims for a mental health condition(s), including under more than one Act, Veteran Payment eligibility will continue until 42 days following the date of determination of the last claim to be determined. This also applies if separate claims (whether under the same or different Acts, for the same or different mental health conditions) have been lodged on different dates.
Example: Judy has made a claim under the MRCA for PTSD and anxiety on 11 June 2018. She meets the eligibility criteria for Veteran Payment and payment begins on the 14 June 2018. On 8 July 2018, Judy makes a claim under the DRCA for depression. If the claim for anxiety was the last claim to be determined, then this date is considered to be the date of determination of the last claim, and will trigger the start of the 42 day post-determination payment period.