The Over 65 Alone and Prevented Tests -
Special Rate - 24(2A)(d), (f) and (g); Intermediate Rate - 23(3A)(d), (f) and (g)
- These tests focus on whether it is only the veteran's accepted conditions that prevent him or her from continuing to undertake their last paid work - remunerative work that he or she last undertook before making the claim or application. This work is the kind of work that the veteran has undertaken over the last 10 years and that the veteran commenced before age 65 and continued after that age. Note this requirement only applies to veterans who are aged 65 years or over at the time of lodging their claim.
- The factors to be considered for claimants aged 65 years or over are the same as in the Prevented Test for veterans under age 65 with two exceptions:
- firstly, the kind of remunerative work that may be considered is limited to the last paid work (this is a distinct difference to the Work History test which applies to veterans aged under 65); and
- secondly, the ameliorating provisions of ss 24(2)(b) for Special Rate and 23(3)(b) for Intermediate Rate (see Attachment C) do not apply for veterans aged 65 and over.
Note: On 1 July 2017, the work restriction eligibility rules changed. The work history requirement for Special and Intermediate Rates of Disability Pension now just requires a period of 10 continuous years of work in any field or vocation prior to applying for the Special or Intermediate Rates of Disability Pension.
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/part-three-determination-cases-where-veteran-age-65-or-over-time-lodging-claim/over-65-alone-and-prevented-tests