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Recovery of Debt After Death of Debtor

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Debt recovery following death of debtor

    

A debt under pension loans scheme is not usually recovered until after the death of the pensioner. The loan is recovered in accordance with the table below.

If a pensioner with a pension loans scheme debt dies and...

Then...

there is no surviving partner,

DVA usually enforces the charge on the property used as security and recovers the debt immediately as a lump sum.

there is a surviving partner entitled to loan payments but who does not wish to continue receiving them,

that person may choose to repay the debt at any time by making repayments or by withholding an amount from any pension entitlement.

there is a surviving partner entitled to loan payments and wishes to continue receiving them,

Payments will continue and recovery of the debt is deferred until the death of the surviving partner.

there is a surviving partner who is not entitled to receive pension loans scheme payments as they are below the pension age,

the debt may be recovered after the bereavement period.    

Note:In this case, discretion exists to phase, delay or accept partial recovery where the family home is involved.

Restrictions on recovery

    

The restrictions on the recovery of a loan are shown in the table below.

If a member of the couple dies and the partner...

Then...

receives bereavement payment

the debt may be recovered after the last day on which a bereavement payment is payable.    

is over 60 if male or over female veteran pension age if female and has use of all or part of the assets subject to the charge

the debt may be recovered after the death of the partner.

Manner of recovery negotiable

Where the amount of the debt is recovered from a person's estate, it is expected that the full amount of the debt should normally be repaid by the executor of the estate as a lump sum. However, the manner of recovery can be negotiated between the Commission and the executor.


The Department of Veterans' Affairs.

Bereavement period, as defined in section 53H of VEA, in relation to a person's death, means the period of 98 days starting on the day on which the person died.

 

 

Pension Age for Female Veterans and Qualifying Age for Females

For females born between

Pension/qualifying age is

1 July 1940 and 31 December 1941

55 years and 6 months

1 January 1942 and 30 June 1943

56 years

1 July 1943 and 31 December 1944

56 years and 6 months

1 January 1945 and 30 June 1946

57 years

1 July 1946 and 31 December 1947

57 years and 6 months

1 January 1948 and 30 June 1949

58 years

1 July 1949 and 31 December 1950

58 years and 6 months

1 January 1951 and 30 June 1952

59 years

1 July 1952 and 31 December 1953

59 years and 6 months

Pension age is 55 years for females born on and before 30 June 1940 and is 60 years for females born on and after 1 January 2014.