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Determination of claim for a mental health condition

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Following the determination of the claim

VEA Section 45SB VEA, Veterans’ Entitlements (Veteran Payment) Instrument 2018 (6)

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.

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)

VEA 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.

Extension of Veteran Payment in special circumstances

Following the determination of the final claim for a mental health condition, Veteran Payment can be extended beyond 42 days (6 weeks) in special circumstances.

Special circumstances include:

  • Claim for incapacity yet to be determined: if incapacity payments are yet to be determined, or there is evidence that they will not be determined in the 42 day period following the determination of the current or former member of the ADF’s liability claim for a mental health condition, then Veteran Payment can be extended.

  • Claim for incapacity has been rejected: if incapacity payments have been rejected, then Veteran Payment can be extended to assist the current or former member of the ADF to transition to another Australian Government income support payment or return to work.

  • Claim for a mental health condition has been rejected: if the claim for a mental health condition has been rejected and there are no more outstanding claims for a mental health condition, then Veteran Payment can be extended to assist the current or former member of the ADF to transition to another Australian Government income support payment or return to work.

  • Claim for a mental health condition has been rejected, and the current or former member of the ADF is appealing this decision: Veteran Payment will continue for the time of the appeal process and for a further 42 days following the date of determination of the appeal.

     

This is not an exhaustive list of special circumstances.  For further information please contact the Compensation and Income Support Policy Branch.