Special rules applying to some clean energy underlying payments and benefits

Last amended: 11 July 2022

Special rules for service pension and age pension

Where a person's rate of service pension or age pension is nil, but would be greater than nil if the person had not elected to receive quarterly pension supplement, the person is taken to be receiving a rate greater than nil and is eligible for a clean energy advance (CEA).    

 

Special rules for Disability Compensation Payment and war widow(er)'s pension

Where a person's rate of Disability Compensation Payment or war widow(er)'s pension is nil, but would be greater than nil if the pension was not offset by other compensation received, the person is taken to be receiving a rate greater than nil and is eligible for a CEA.    

 

Special rules for MRCA wholly dependent partner payment

Where a person's rate of MRCA wholly dependent partner payment is nil because the person has taken a lump sum, the person is eligible for a CEA. However, if the person has since recovered damages from the Commonwealth or a potentially liable member through common law action, the person is not eligible for a CEA.

If the person's rate of weekly compensation is nil, but would be greater than nil if damages received as a result of a successful common law claim being launched or taken over by the Military Rehabilitation and Compensation Commission (MRCC) were not deducted, the person is eligible for a CEA.    

 

Special rules for MRCA special rate disability pension

To be eligible for a CEA, a person must have elected to receive MRCA special rate disability pension (SRDP). A person who is SRDP eligible but has not elected to receive SRDP is not eligible for a CEA.

If the rate of SRDP is nil, but would be greater than nil if the sum of any permanent impairment payment and any Commonwealth superannuation payable to the person was disregarded, the person is eligible for a CEA.    

 

Special rules for MRCA permanent impairment payment

Where a person's rate of MRCA permanent impairment payment is nil because the person has taken a lump sum, the person is eligible for a CEA.

If the rate of weekly compensation is nil, but would be greater than nil if damages received as a result of a successful claim being launched or taken over by the MRCC were not being deducted from the weekly compensation, the person is eligible for a CEA.

If the rate of weekly compensation is nil, but would be greater than nil if compensation paid under the VEA or the SRCA was disregarded in working out the rate of weekly compensation, the person is eligible for a CEA.    

 

 


 

Source URL: https://clik.dva.gov.au/compensation-and-support-policy-library/part-7-common-allowances-and-benefits/74-clean-energy-payments/741-clean-energy-advance/special-rules-applying-some-clean-energy-underlying-payments-and-benefits