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Eligibility for Partner Service Pension

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Partner Service Pension

Partner service pension may be paid to a person who is the partner, widow/widower or former partner of a veteran who has qualifying service.

Eligibility for partners of veterans

A partner of a veteran may be eligible for partner service pension if:

  • the veteran receives service pension, or would receive service pension but for a disqualifying provision; or
  • the veteran has rendered qualifying service and the partner is qualified for an age pension from Centrelink; or
  • the veteran is registered as a member of the pension bonus scheme.

A partner of a veteran must also meet, or be exempt from, the age requirements set out on the page Age Requirements for partner service pension.

Note: Service records can be obtained without breaching the Privacy Act 1988 to determine qualifying service for a veteran in order to establish partner service pension eligibility (including eligibility of a non-illness separated spouse or a widow/er) Information Privacy Principle 10 provides that personal information obtained for a particular purpose may be used for another purpose, where the other purpose is required by or authorised in law.

Eligibility for partners where the veteran is not yet eligible
Where a veteran has qualifying service, but is not yet eligible for a service pension, the partner may be eligible for partner service pension if:
  • the partner is age pension age, and
  • the partner meets all of the other qualifying criteria for age pension from Centrelink

Examples where this may occur include where a veteran has not yet reached pension age, but does have qualifying service, or an Allied or Commonwealth veteran does not meet the ten-year residency requirement. The partner will only be eligible for partner service pension if they meet the ten-year residency requirement. The partner will only be eligible for partner service pension if they meet all of the qualifying criteria for Centrelink age pension. This means that in the second example, the Allied or Commonwealth veteran's partner would need to qualify for Centrelink age pension (be age pension age and meet, or be exempt from the ten-year residency requirement) to be eligible for partner service pension.

The intent of this legislative provision is to extend DVA services to the veteran's family where possible. This enables a partner who would qualify for an age pension from Centrelink to instead receive a partner service pension from DVA.

Eligibility for widows/widowers of deceased veterans

A widow/widower is someone who either:

  • was the current partner of a deceased veteran immediately before the veterans' death; or
  • was legally married to a deceased veteran immediately before the death of the veteran.

A widow/widower of a deceased veteran may be eligible for partner service pension if:

  • the veteran was receiving service pension at the time of death, or would have been receiving service pension but for a disqualifying provision; or
  • the veteran was receiving service pension at the time of death, or had prior to death made a claim for service pension that would have been granted, and the widow/widower had made a claim for service pension prior to the veteran's death; or
  • the veteran rendered qualifying service and the widow/widower is qualified for an age pension; or
  • the veteran was registered as a member of the pension bonus scheme, and the widow/widower was registered as a member of the pension bonus scheme (including under the Social Security Act) or was receiving partner service pension or a social security pension; or
  • the veteran was registered as a member of the pension bonus scheme, and the widow/widower had made a claim for a partner service pension which had not been determined at the date of the death. 

A widow/widower of a deceased veteran must also meet the age requirements set out on the page Age Requirement for Partner Service Pension.

Widow/widowers who are granted a war widow's/widower's pension are no longer eligible to receive partner service pension.

War widow/widowers are also eligible for Income Support Supplement.

Eligibility for widows/widowers and other partners who were separated from the veteran at the time of the veteran's death, and the circumstances under which they become ineligible, is set out on the page Eligibility for partner service pension when separated from the veteran.

Eligibility for former partners of veterans

Eligibility for former partners of veterans, and the circumstances under which they become ineligible, is set out on the page Eligibility for partner service pension when separated from the veteran.

Date of effect for loss of partner service pension

If a person loses eligibility for partner service pension, the date of effect for cancellation of partner service pension depends on whether the person notified the Department of the event or change in circumstances which caused the loss of eligibility within the notification period. 

If notification obligations are met, then the date of effect for cancellation of partner service pension is the day after the end of the notification period. If the person fails to notify the department of an event or change of circumstances which would result in the loss of eligibility for partner service pension within the notification period, then the date of effect is the date of the event or change of circumstances. This policy is outlined in Departmental Instruction C31/99.

Lodging a claim

Although a person may meet the eligibility criteria for partner service pension, such a person will not be granted partner service pension unless they lodge a proper claim.     

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Note: Provisions for backdating may apply where the person's partner is a special rate disability pensioner.    

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Restrictions on dual pensions

    

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Restrictions exist on the payment of dual pensions.    

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