Separation and Income Support Eligibility

Eligibility for partner service pension after marital separation

A separated spouse who was legally married to a veteran will have their eligibility for partner service pension limited to 12 months from the date of separation on a permanent basis unless:

• the person has reached age pension age, or
• special domestic circumstances apply.     
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  3.1.4/Eligibility for partner service pension when separated from veteran

   

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Eligibility partner service pension is lost from the date of separation where a spouse enters in to a de facto relationship with another person. Eligibility for partner service pension is also lost on divorce from the veteran

Partner service pensioner in special domestic circumstances

A separated spouse who was legally married to a veteran may retain eligibility for partner service pension if the Commission has made a decision that special domestic circumstances apply.  Special domestic circumstances are accepted where:

• the veteran has a psychological or mental health condition recognised by DVA and
• there was an unsafe or abusive domestic environment in respect of the spouse or the spouse's family prior to separation and
• the spouse and the veteran live apart and in separate residences.

An unsafe or abusive domestic environment means there was conduct, whether actual or threatened, by the veteran that caused the spouse and/or the spouse's children to fear for their personal well being or safety.

Partner service pensioner in a de facto relationship separates

When factors used to determine the existence of a de facto relationship are no longer present, or where two people in a registered relationship are living separately and apart from each other on a permanent basis, the two people should not be regarded as members of a couple.

A de facto partner who separates from the veteran on the grounds of breakdown in their relationship, becomes ineligible to receive partner service pension from DVA. They may be eligible to receive a pension or allowance from Centrelink.    

Eligibility for partner service pension for a non-illness separated spouse who is widowed

If a widow/widower in receipt of partner service pension separated from the veteran prior to the veteran's death, then they will lose eligibility for partner service pension 12 months from the date of separation unless special domestic circumstances apply or they reach pension age within 12 months of the date of separation.

An additional 14 days after the 12 month period may be allowed before cancellation, consistent with the notification periods under the date of effect rules.     

Separated couple reconcile

A person may regain eligibility for partner service pension when there is a reconciliation and the partner returns to live permanently with the veteran.    

Separation and effect on ISS eligibility

A person who was granted ISS on the basis of being the partner of an income support pensioner remains eligible for ISS after a non-illness separation. This is because the person continues to meet the primary eligibility criterion of being a war widow/widower and since 1 July 2008, it is no longer necessary to be of qualifying age, have a dependant child, be permanently incapacitated for work, or be the partner of an income support recipient, to be eligible for ISS. However, the person's rate of ISS may change once the assessment is updated to that of a single person  .    

Separation of Veteran Payment Couple

For separation of a veteran payment couple refer to Part 3A Veteran Payment - Partners.