External
Policy

Last amended: 18 June 2010

Assessment of maintenance

When a pensioner is receiving maintenance, the delegate of the Commission must determine:

  • the current rate paid for the pensioner and each dependent child,
  • the relationship between the pensioner receiving and the person paying maintenance,
  • whether the payments are voluntary or ordered by the court,
  • whether a valid and binding spousal maintenance agreement has been made, which provides for or varies the maintenance of one person by another, and
  • whether the pensioner is receiving the benefit of any other payments made on their behalf.
Review action for maintenance variation or cessation

The following table shows the review action required when a person advises of a maintenance variation or cessation.

If a person advises...

Then a delegate must...

a variation in maintenance, and it is necessary to verify the payment

consult either the:

  •               court records, or
  •               person paying the maintenance.

that their maintenance payments:

  •               are reduced, or
  •               ceased,
  •               advise the person they must notify DVA if payments later resume or increase, and
  •               note any enforcement action taken or available to the person.