Time Frame for Response - Notification Period
Last Amended: 10 August 2004
The following table illustrates the notification periods that apply for a response to section 54 obligations, depending on the person's situation.
If the person is... | and they notify of... | then the notification period is... |
in receipt of a service pension, veteran payment or ISS | a change in circumstances that may affect their pension, payment or benefits | within 14 days VEA S54(5) |
is living overseas and in receipt of a service pension, veteran payment or ISS | a change in circumstances that may affect their pension, payment or benefits | within 28 days VEA S54(5A) |
in receipt of Remote Area Allowance | a change in circumstances that may affect their pension, payment or benefits | within 28 days VEA S54(5A) |
a member of a couple both in receipt of service pension or ISS | the death of their partner | within the 98 day bereavement period VEA S54(5AA) |
When does the notification period begin?
The notification period begins on the day after:
- the day the event or change in circumstances occurs, or
- the day the person becomes aware that the event or change in circumstances is likely to occur.
When does the notification period end?
The notification period ends on close of business on the 14th, 28th or 98th day (depending on which notification period applies to the person) after the event or change in circumstances occurs.
If the information is received up to close of business by conventional mail, telephone contact or personal visit, or up to 12 midnight by fax, on that day then the person has complied.
Example of notification period
A person is given a notice under VEA s54 VEA that says he or she must advise within 14 days of an increase in earnings. The person's earnings increase on 2 April. The person has until close of business on 16 April to fulfil his or her obligations without incurring any penalty. That is, the 14 days begins from, but not including, 2 April
What if the last day of the notification period is a weekend/public holiday?
According to ss36(2) of the Acts Interpretations Act 1901, if the last day of the notification period is not a working day - say, a Saturday, Sunday or public holiday, the last day of the notification period is taken to be the next working day after that day. This rule only applies if the holiday is in the region where the DVA processing office is located (state office or agent office). That is, it has to be a holiday where the notification is received, rather than where the person resides.
Exception to notification requirements
A person who is in receipt of service pension or ISS and who is an NDIS participant, or who is acting on behalf of an NDIS participant , are not required to notify the receipt of (NDIS) amounts, how NDIS amounts are spent, or about accounts holding NDIS amounts.
Source URL: https://clik.dva.gov.au/compensation-and-support-policy-library/part-12-compliance-and-obligations/121-recipient-obligations/1214-requirements-imposing-obligations/time-frame-response-notification-period