Withdrawal of a claim
When can a claim be withdrawn
Section 35F VEA - qualifying service
Section 36J VEA - age service pension
Section 37J VEA - invalidity service pension
Section 38J VEA - partner service pension
Section 45NA VEA - income support supplement
Section 33 VEA - disability and dependants' pensions
If a claim has not already been determined, a claimant or person on behalf of the claimant may withdraw the claim. Any claim that is withdrawn is taken to have not been made.
How to withdraw a claim
Section 35F(3) VEA & Section 35FB VEA - qualifying service
Section 36J(3) VEA & Section 36JB VEA - age service pension
Section 37J(3) VEA & Section 37JB VEA - invalidity service pension
Section 38J(3) VEA & Section 38JB VEA - partner service pension
Section 45NA(3) VEA & Section 45NC VEA - income support supplement
Section 33 VEA - disability and dependents' pension
The following table demonstrates how to withdraw a claim.
Type of Withdrawal | Where to Lodge Withdrawal |
Written | at an office of the Department in Australia |
Oral | to a person in an office of the Department in Australia |
Note: only claims for service pension or ISS can be withdrawn orally. Claims for disability compensation payment, war widow's/widower's pension and orphan's pension must be withdrawn in writing.
Acknowledgment of an oral withdrawal of a claim
Section 35FC VEA - qualifying service
Section 36JC VEA - age service pension
Section 37JC VEA - invalidity service pension
Section 38JC VEA - partner service pension
Section 45ND VEA - income support supplement
When a claim for service pension or ISS is withdrawn orally, the claimant must be provided with a written acknowledgment, that:
- confirms the withdrawal, and
- advises the claimant, or person on behalf of the claimant, that they may reactivate the claim.
Reactivating a withdrawn claim
Section 35FD VEA - qualifying service
Section 36JD VEA - age service pension
Section 37JD VEA - invalidity service pension
Section 38JD VEA - partner service pension
Section 45NE VEA - income support supplement
An oral withdrawal of a claim for service pension or ISS may be treated as if it had not been made, if the request is made:
- by the claimant or a person on behalf of the claimant, and
- within 28 days of the withdrawal.
When a claim is reactivated, the commencement day of the claim remains the same as that of the original claim.
Source URL: https://clik.dva.gov.au/compensation-and-support-policy-library/part-2-applying-pension/21-claims/213-lodging-or-withdrawing-claims/withdrawal-claim