11.1.3 Effective Dates for Grants

Last amended: 9 August 2022

Effective date for grant of service pension and ISS

Grants for age, invalidity and partner service pension and ISS  take effect on the day of determination, or on a later or earlier day specified in the determination.    

Effective date for grant earlier than determination

Age, invalidity and partner service pension are generally not payable before the claim for pension is made. In other words, pension may be granted from the day the claim is made, rather than the day the determination is made. This applies to both:

•        initial claims, and
•        proper claims.

Claims for ISS may be payable earlier than the date the claim for pension was made, if certain conditions are met.

Backdating of partner service pension where veteran is T&PI

There are special provisions where the spouse of the person applying for partner service pension becomes a Special Rate Disability Compensation Payment (T&PI) recipient after the person has made a claim for partner service pension.  Providing that:

• the person makes a claim for partner service pension that is refused; and
• the claim would not have been refused if, when the claim was made the person's partner was a Special Rate Disability Compensation Payment (T&PI) recipient; and
• after the claim is refused the person's partner becomes a Special Rate Disability Compensation Payment (T&PI) recipient; and
• the person makes another claim (a new claim) for partner service pension within 3 months of the veteran being notified that they are a Special Rate Disability Compensation Payment (T&PI) recipient;

then the partner service pension date of grant should be the later of:

• the date the person makes a claim for partner service pension; and
• the day that the veteran became a Special Rate Disability Compensation Payment recipient.

Backdating pension payability

It is DVA policy and the intention of the legislation to allow a claim to be lodged before the claimant reaches pension age or qualifying age so that the new claim can be processed and ready for payment from the date the claimant becomes eligible. Backdating pension payability to the date of the informal claim requires that the claimant be eligible on the day the informal claim is lodged. This means that if an informal claim is lodged when the eligibility conditions are not satisfied, for example, before a claimant reached pension age or qualifying age or attained invalidity status, then backdating is not permitted. This rule does not apply to proper claims, which may be lodged at any time. A legislative change is being sought to remove the requirement that for backdating to occur, a claimant must be eligible at the time of lodging an informal claim.

Assisting applicants to lodge valid claims

Members of the veteran community should be assisted to lodge either a proper claim, or at least an initial incorrect claim by their earliest eligibility date. Proper claims should preferably be encouraged before the person attains the applicable pension age or qualifying age. This practice is particularly important where veterans are encouraged to lodge claims early, for example, where a veteran's qualifying service (QS) status may be determined in advance.

Effective date for grant later than date of claim/determination

If a person is not eligible for pension at the time the claim is made, the grant may take effect from a later day. Reasons for this may include:

•       a claim for service pension made on the basis of age, where the person has not yet reached pension age - the effective date of the grant will be the day of the pension age birthday, and    
  More →

   

  For more information on Service Pension

  Chapter 3.1 Service Pension Eligibility

   

  More → (go back)
•       a claim for invalidity service pension or invalidity ISS where the person did not satisfy the permanent incapacity for work test at the date of lodgement of the claim – the effective date of the grant would be the day the person becomes eligible by satisfying the test.    
  More →

   

  Eligibility for invalidity service pension and ISS

  Chapter 3.1 Service Pension Eligibility

  Chapter 3.2 Income Support Supplement (ISS) Eligibility

   

  More → (go back)

Automatic grant of ISS

Persons who were receiving partner service pension or social security age pension paid by DVA, immediately before being granted a war widow(er)'s pension following the death of their partner are not required to lodge a claim for ISS. The effective date for the ISS grant may be either the day after the end of the bereavement period or the date of grant of war widow(er)'s pension, depending upon whether section 53L VEA or section 53K VEA applies.