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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.
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.
A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.
ISS is an income support payment that may be paid to eligible war widows and widowers under the VEA and persons receiving wholly dependent partners' compensation under the MRCA, and who satisfy the means tests. It is an indexed rate, increased twice-yearly in March and September in line with changes to the cost of living and/or average wages. Income Support Supplement (ISS) legislation commenced on 20 March 1995. It is a payment created to replace the ceiling rate income support age, carer, wife and disability support pensions, paid to war widows/widowers by Centrelink.
Remote area allowance is a supplementary payment added to the rate of income support pension where the pensioner's usual place of residence is situated in a remote area, and where the pensioner is physically present in the remote area.
According to Section 5E(2) of the VEA a person is a member of a couple, if they are:
- legally married to another person and is not living separately and apart from the other person on a permanent basis; or
- living in a prescribed registered relationship with the other person (whether of the same sex or a different sex) and is not living separately and apart from that other person on a permanent basis; or
- all of the following conditions are met:
- living with another person, whether of the same sex or a different sex;
- not legally married to that person;
- in a de facto relationship with that person; and
- not in a prohibited relationship
The term “partnered” is also commonly used.
Has the same meaning as in the National Disability Insurance Scheme Act 2013, and means a person with disability who meets the access requirements to become a participant in the NDIS.
Has the same meaning as in the National Disability Insurance Scheme Act 2013, and means a person with disability who meets the access requirements to become a participant in the NDIS.
Has the same meaning as in the National Disability Insurance Scheme Act 2013, and means an amount paid under the NDIS in respect of reasonable and necessary supports funded under a NDIS participant’s plan.