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Attendant Allowance is covered by S98 of the Veterans' Entitlement Act 1986 (VEA)
What is the purpose of attendant allowance?
The purpose of attendant allowance is to assist an eligible veteran, Member of the Forces, or a Member of a Peacekeeping Force with the cost of an attendant to help with such things as feeding, bathing, dressing and other activities of daily living. The allowance is paid to the veteran and not the attendant.
Eligibility criteria and rates of attendant allowance
To be eligible for attendant allowance the person must be in receipt of a disability compensation payment for incapacity for certain specified war?caused or defence?caused injuries or diseases. Attendant allowance is payable at a higher or a lower rate depending on the type of injury or disease accepted under the VEA.
Eligibility for the higher rate of attendant allowance
Section 98(1) VEA
The higher rate of attendant allowance is payable where the person:
- is blinded in both eyes together with total loss of speech or total deafness, or
- has both arms amputated.
Eligibility for the lower rate of attendant allowance
The lower rate of attendant allowance is payable where the person:
- is blinded in both eyes,
- has both legs amputated and one arm amputated,
- has both legs amputated at the hip,
- has one leg amputated at the hip and the other amputated in the upper third,
- has an injury or disease affecting the cerebro?spinal system and the Commission believes that the person has a need for an attendant to assist the person, or
- has an injury or disease that has caused a condition similar in effect or severity to an injury or disease affecting the cerebro?spinal system and the Commission believes that the person has a need for an attendant to assist the person.
Meaning of 'amputation'
Section 98(3) VEA
For the purposes of attendant allowance, a leg, foot, hand or arm that has been rendered permanently and wholly useless is deemed to be amputated.
When is attendant allowance not payable?
Attendant allowance is not payable to a person:
- while he or she is an in?patient at 'public expense' in a hospital or other institution, or
- where a carer payment (previously known as carer pension) from Centrelink is payable (or would be payable but for certain deductions under the Social Security Act 1991 to recover debts and overpayments).
Interpretation of 'public expense' by the Federal Court
The term 'public expense' has been considered by Neaves J in the Federal Court case re: Wilma Gloria O'Donnell v. Repatriation Commission (No. ACTG23 of 1993 FED No. 742 Administrative Law - Veterans' Affairs (1993) 117 ALR 680 (1993) 18 AAR 285 (1993) 30 ALD 479 (1993) 48 FCR 548).
Justice Neaves (at paragraph 13) said; “In my opinion, having regard to the beneficial nature of the legislative provision in question, a veteran can properly be said to be a veteran who is being cared for, at public expense, in a hospital or other institution only if it can be said of him that the expense of his care in the hospital or other institution, that is to say the whole of that expense, is being met from the public purse."
Essentially, if the veteran is having to pay for any part of their care or accommodation in the hospital or other institution (including an aged care facility), then they are not considered to be there “at public expense”.
Attendant allowance and Centrelink payments
There are two Centrelink payments that relate to attendant care: carer payment and carer allowance (formerly known as the Domiciliary Nursing Care Benefit).
- Carer payment is an income support payment for people who are unable to support themselves through substantial employment due to the demands of their caring role.
- Carer allowance recognises the care provided to a person with a disability or medical condition, without reference to the impact on the carer's working life.
DVA's attendant allowance is not payable where the veteran's carer is receiving a carer payment in relation to their care for the veteran, but can be payable where the carer is receiving carer allowance.
Assessment of attendant allowance payments
Section 5H(8) (f) VEA
Payment of attendant allowance under the VEA is excluded income for income support purposes.