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6.12 Prisoner of War Recognition Supplement

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VEA ?

Prisoner of war recognition supplement

Part VIB VEA

VEA ? (go back)

Last amended: What is the Prisoner of War Recognition Supplement?

The Prisoner of War Recognition Supplement (POWR Supplement) is a fortnightly payment. It is payable from 20 September 2011. The POWR Supplement will be indexed on 20 September each year, starting in 2012, in line with the Consumer Price Index.

Purpose of Prisoner of War Recognition Supplement

The POWR Supplement is a payment that provides special recognition of former surviving Australian prisoners of war (POWs), both veteran and civilian, for the severe hardships and deprivations they experienced. It is specifically targeted at and only payable to eligible surviving POWs.

Eligibility criteria for Prisoner of War Recognition Supplement

The POWR Supplement is paid to eligible POWs alive on 20 September 2011.

The following veterans are eligible:    

VEA ?

Prisoner of war recognition supplement

Section 115M(1) VEA

Section 115M(3) VEA

Section 115M(5) VEA

VEA ? (go back)

The following civilians are eligible:

  • a civilian who was interned or detained by the Germans, Italians or their allies at any time between 3 September 1939 and 11 May 1945, who was [glossary:domiciled:] in Australia immediately before their detention or internment; or    
  • a civilian who was interned or detained by the Japanese military forces between 7 December 1941 and 29 October 1945, who was domiciled in Australia immediately before their detention or internment.    
    VEA ?

    Prisoner of war recognition supplement

    Section 115M(7) VEA

    VEA ? (go back)
When is the Prisoner of War Recognition Supplement not payable?

The following are not eligible for the POWR Supplement:

  • Widow/ers of those [glossary:interned:][glossary:.:]    
    VEA ?

    Prisoner of war recognition supplement

    Section 115M(7) VEA

    VEA ? (go back)
  • Individuals who were imprisoned or detained during a conflict, period of hostilities or during peacekeeping operations other than World War Two or the Korean War.
  • Civilians who were interned but who were not domiciled in Australia immediately before their internment.
  • Members of the ADF who avoided capture (e.g. shot-down aircrews)
  • Individuals who were interned by Australian forces and authorities, both in Australia and overseas e.g. enemy aliens, including civilians.
  • The majority of Commonwealth or allied veterans (a very small number may be eligible).
Claims

As most eligible POWs were already known to the Department the majority did not need to submit a claim for the Supplement and have been automatically put into payment.

However, any POWs who were previously unidentified as POWs are required to claim before they can receive the POWR Supplement.    

Elections not to receive the POWR Supplement

Should a POW in receipt of the Supplement not wish to continue receiving the payment they must submit a written election not to receive it. For the Supplement not to be paid on a payday the election must have been received by DVA before the start of the relevant pay period.    

Upon the death of a POW

No bereavement payment of the POWR Supplement is payable to surviving partners or dependent children.

When a recipient of the supplement dies, the payment for the pension period during which the person dies is payable to the person's estate.

Should the POWR Supplement be paid for any pension periods after the period in which the POW died an overpayment may be raised.    

29/11/10Page 1

For the purposes of Part VI of the VEA, a reference to a veteran is taken to be a reference to:

  • a veteran as defined in subsection 5C(1) of the VEA;
  • a member of the Forces as defined in subsection 68(1) of the VEA; or
  • a member of a Peacekeeping Force as defined in subsection 68(1) of the VEA.

For the purposes of Part VII of the VEA, according to subsection 5C(1), veteran means a person (including a deceased person):

  • who is taken to have rendered eligible war service, or
  • in respect of whom a pension is, or pensions are, payable under subsection 13(6) and
  • in Part III and Part VIIC of the VEA includes a person who is:

 

 

Interned means confined in a camp, building, prison, cave or other place (including a vehicle) or restricted to residing within specified limits.

An eligible civilian is a civilian who in World War 2 was:

  • killed or detained by the enemy; and
  • a British subject; and
  • a resident, but not an indigenous inhabitant, of the then territories of Papua and New Guinea but was not, at that time
  • rendering service as a member of the Defence Force; or
  • employed by the Commonwealth on a special mission outside Australia.

Interned means confined in a camp, building, prison, cave or other place (including a vehicle) or restricted to residing within specified limits.

Interned means confined in a camp, building, prison, cave or other place (including a vehicle) or restricted to residing within specified limits.

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.

 

 

Interned means confined in a camp, building, prison, cave or other place (including a vehicle) or restricted to residing within specified limits.