Imprisonment of a Claimant
Effect of imprisonment on a claim
The imprisonment of a claimant for pension does not affect the obligation of the Commission to determine the claim. The claim should be investigated and a decision made in accordance with normal procedures. This applies equally, if the imprisoned person lodges a claim either:
- before entering prison, or
- while in prison.
Effect of imprisonment on a pension or benefit
Section 36A(1) VEA - Age service pension
Section 37A(1) VEA - Invalidity service pension
Section 38A(1) VEA - Partner service pension
Section 45B VEA - Income support supplement
Upon assessment of a claim, an imprisoned person may be eligible for a pension or benefit to be granted. However, due to the imprisonment of that person, the pension or benefit may not be payable.
Source URL: https://clik.dva.gov.au/compensation-and-support-policy-library/part-2-applying-pension/21-claims/215-death-or-imprisonment-claimant/imprisonment-claimant