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Circumstances Where Commission May Review Decisions
When can claimant or applicant request a review on decisions relating to pension, veteran payment or CSHC?
VEA ?
A claimant may seek review of a Commission decision relating to a claim for:
- a service pensionMore ?
- an income support supplementMore ?
- a qualifying service determination under section 35B, More ?
- in relation to section 52Y (financial hardship), or More ?
- a Commonwealth Seniors Health Card (CSHC) More ?
When can a person request a review
A person can seek review of decisions in relation to assessment of financial situation under the financial hardship provisions, or service pension or income support supplement or veteran payment.
- cancellation, termination or suspension,
- reduction or increase of the rate. More ?
Commonwealth Seniors Health Card (CSHC) claimants may request a review
VEA ?
A person who has claimed a CSHC but had that claim rejected, and a person who has had their entitlement to a CSHC cancelled, can request a review of that decision.
More ?
Situations where a review is not required
If a request for review contains information that would have caused the delegate to make another decision initially had the additional information been available, there is no need to conduct a formal review of the original decision. This can only be done where the:
- matter in dispute is of a factual basis, and
- new assessment with the additional information fully resolves all matters in dispute.
Decisions subject to review where appellant is not a pensioner
VEA ?
Persons who have not claimed or who are not in receipt of a pension, may request a review of certain decisions under the VEA. Decisions, which may be reviewed, are:
- rejection of a person's claim for a Commonwealth Senior Health Card, and
- cancellation of a person's entitlement to a Commonwealth Seniors Health Card. More ?
Qualifying service is one of the criteria used to determine eligibility for certain benefits under the Veterans' Entitlements Act 1986. Refer to section 7A of the VEA for the full defintion.
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.
The CSHC is intended to assist those retirees and other eligible veterans, war widow(er)s and their partners of pension age who fail to qualify for an income support pension from DVA or a pension or benefit from Centrelink. The card entitles the holder to pharmaceuticals listed on the PBS at a concessional rate and seniors supplement.
A Delegate of the Commission is a decision-maker who has been delegated authority to exercise the Commission's powers for the administration of pensions under the VEA.
Veterans' Entitlements Act 1986.
The CSHC is intended to assist those retirees and other eligible veterans, war widow(er)s and their partners of pension age who fail to qualify for an income support pension from DVA or a pension or benefit from Centrelink. The card entitles the holder to pharmaceuticals listed on the PBS at a concessional rate and seniors supplement.