Age Requirement for Partner Service Pension

Age requirement and exemptions for partners

The following table is provided as a guide to the age requirements for a partner, widow/widower or former partner who meets the eligibility criteria for partner service pension:    

Age requirement for certain widow(er)s and former partners of deceased veterans

To be eligible to be granted partner service pension, a widow/widower or former partner who was not receiving a pension at the time of the veteran's death must be qualified for Centrelink age pension, which means he/she must be age pension age rather than qualifying age.

This age requirement does not apply if:

• the widow/widower or former partner was in receipt of partner service pension or a social security income support pension immediately before the veteran's death, or
• there was a partner service pension claim pending immediately before the veteran's death that is later determined as able to be granted, or
• the widow/widower or former partner and veteran were both registered for the Pension Bonus Scheme immediately before the veteran's death, or
• the widow/widower or former partner had lodged a partner service pension claim before the veteran's death, which is not determined at the date of death, and the veteran was registered with the Pension Bonus Scheme before his or her death.

Qualifying age

Where a veteran is receiving, or is eligible for service pension, the partner must be qualifying age to be eligible for partner service pension, unless the exemption categories apply.

For partners in receipt of partner service pension immediately before 1 October 1995, there was no minimum age required at the time pension was granted.  For partners granted between 1 October 1995 and 30 June 2008, the eligible age was 50 years at the time pension was granted.  These people are 'saved' from the application of the qualifying age requirement, unless they lose eligibility for partner service pension and wish to reclaim.

Partner of a veteran on special rate Disability Compensation Payment or SRDP

No age requirement applies if the person is the partner of a veteran entitled to the special rate of Disability Compensation Payment (T&PI) or SRDP under MRCA at the time of claim. However, if at some time the veteran loses entitlement to either of these rates, the partner will need to meet the age or dependent child requirement to continue to be eligible for partner service pension.

Partner of a veteran on an above general rate Disability Compensation Payment

A person who is the partner of a veteran entitled to an above general rate (AGR) Disability Compensation Payment must be age 50 or above at the time of claim to be eligible for partner service pension. However, if at some time the veteran loses entitlement to this rate, the partner will need to meet the age or dependent child requirement to continue to be eligible for partner service pension.

This eligibility category applies from 9 December 2008.  During the period 1 July 2008 to 8 December 2008 partners of AGR veterans were required to be qualifying age to be eligible for partner service pension.

AGR Disability Compensation Payment for the purposes of partner service pension eligibility refers to:

• extreme disablement adjustment (EDA);
• Intermediate Rate;
• Temporary special rate (TTI);
• pensions increased by Specific Disability Allowance items 1–6; or
• 80 or more impairment points under the MRCA.

Dependent children

No age requirement applies if the person has a dependent child/young person at the time of claim. However, if at some time they lose eligibility for partner service pension, and later reclaim that pension, they will need to meet the age requirement if, at the time of claim, the child is no longer a dependent child/young person.

A child/young person receiving a social security pension or benefit (e.g. Youth Allowance) is not considered a dependent child under the VEA.    

Child ceases to be dependent

Where a person is eligible for partner service pension because they have a dependent child, their eligibility will not be lost if the child ceases to be dependent - for example, if a dependent child turns 23, or claims a social security pension or benefit (e.g. Youth Allowance) after partner service pension has been granted.

Payability

There are a number of situations where a person may be eligible for partner service pension, but not payable. For example:

• the person is receiving another income support payment, or
• the rate of pension is nil.

Where the partner has previously been determined to be eligible for partner service pension and loses payability only, their partner service pension eligibility continues and is not lost. Any later request for resumption of their partner service pension needs to satisfy the payability aspect only.

Example: A 30 year old partner was receiving PSP because they met the dependent child eligibility. The partner returned to work when the child started school and PSP was no longer payable due to their earnings. At the age of 53, the partner leaves work to provide full time care for a relative and PSP is payable again. The partner is not required to meet the qualifying age requirement because there was no loss of eligibility during the period of nil payability.     

Taxation

Partner service pension is a taxable payment, unless paid to a pensioner who is:

• a partner of a veteran, where the veteran is paid service pension on the grounds of invalidity, and both the partner and the veteran have not reached age pension age, or
• below age pension age and is the widow/widower or former partner of a veteran who was receiving invalidity service pension immediately prior to their death.     
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  Chapter 11.6 Taxation

   

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