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Definitions for Not a Member of a Couple Status

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Last amended: 1 July 2009

Definition of not a member of a couple

For the purpose of the VEA, two people are regarded as not a member of a couple if:    

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Policy Library – Not a Member of a Couple

Section 9.3.1

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Definition of non-illness separated spouse

A person who is married and separated on the grounds of a breakdown in the marital relationship is referred to as a non-illness separated spouse for the purpose of the VEA. A non-illness separated spouse is defined in section 5E(1) VEA as a person:    

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Policy Library –Member of a Couple

Section 9.3.1

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  • who is legally married to another person but is living separately and apart from that other person on a permanent basis, and
  • whose separation has not resulted in a direction under section 5R(5) VEA.


The term not a member of a couple covers all persons who are not covered by the definitions of member of a couple.

 

 

Non-illness separated spouse is a person:

  • who is legally married to another person but living separately and apart from that other person on a permanent basis, and
  • whose separation has not resulted in a determination under subsection 5R(5) of VEA.

 

 

An illness separated couple is a couple who cannot share a home because of the illness or infirmity of one or both partners. Illness separated couples may be paid the higher single rate of pension. Refer to subsection 5R(5) of the VEA for the full definition.

 

 

A respite care couple is a couple who Commission has determined are separated because one person has entered respite care in a nursing home or hostel to give the other member of the couple a temporary break from caring for that person.

Members of a respite care couple are entitled to be paid the single rate of pension.

Refer to subsection 5R(6) of the VEA for the full definition.

 

 

According to Section 179 of the VEA, the Commission is a body corporate under the name of Repatriation Commission.

 

 

A Delegate of the Commission  is a decision-maker who has been delegated authority to exercise the Commission's powers for the administration of pensions under theVEA.

 

 

A person is considered to be in a de facto relationship if the person is:

  • living with another person (their partner) whether of the same sex or a different sex;

  • not legally married to the partner; and

  • certain features of that relationship are typical for members of a couple, and

  • the person and the partner are not within a prohibited relationship

Refer to section 11A of the VEA for the full definition.

 

Note: A relationship needs to be established for a period of twelve months to be considered a 'de facto relationship' for VCES purposes.

 

 

The term member of a couple generally replaces married person in the current VEA.

 

Non-illness separated spouse is a person:

  • who is legally married to another person but living separately and apart from that other person on a permanent basis, and
  • whose separation has not resulted in a determination under subsection 5R(5) of VEA.