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Imprisonment of a Claimant

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Effect of imprisonment on a claim

The imprisonment of a claimant for pension does not affect the obligation of the Commission to determine the claim. The claim should be investigated and a decision made in accordance with normal procedures. This applies equally, if the imprisoned person lodges a claim either:    

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  • before entering prison, or
  • while in prison.
Effect of imprisonment on a pension or benefit

VEA ?

Upon assessment of a claim, an imprisoned person may be eligible for a pension or benefit to be granted. However, due to the imprisonment of that person, the pension or benefit may not be payable.    

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Section 36A(1) VEA - Age service pension

Section 37A(1) VEA - Invalidity service pension

Section 38A(1) VEA - Partner service pension

Section 45B VEA - Income support supplement

VEA ? (go back)

According to Section 179 of the VEA, the Commission is a body corporate under the name of Repatriation Commission.