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Further Periods of Residence Required

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Overview

A Commonwealth veteran, Allied veteran or Allied mariner applying for service pension must be an Australian resident and have resided in Australia for a continuous period of at least 10 years. However, a concession to the ten year requirement may be applied where a person has multiple periods of residency. Below are details of how to calculate the further periods of residence required of a person, before they meet the period of residency required under the concession.     

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When to apply additional formulas

The period of continuous residence still required is determined by using additional formulae, where:

  • a Commonwealth veteran, Allied veteran or Allied mariner applies for service pension; and
  • has been an Australian resident for more than one period; and
  • is not yet eligible under the concessional formula.      More ?
Which formula ?

If...

Then, the further period of residence required is given by...

each period of residence is less than 5 years

Formula 1

[20 - (Aggregate residence + Current period of residence)] ? 2

at least one period of residence equals or exceeds 5 years

The lesser of

Formula 1

[20 - (Aggregate residence + Current period of residence)] ?  2; and

Formula 2

20 - (Aggregate residence + Longest period of residence)

Example:   Each period of residence is less than 5 years

Periods of residence are 4 years, 4 years and current period of 3 years.

Formula 1[ 20  -  (11  +  3) ] ? 2  =  3

Thus three more years of continuous residence are required

When the additional three years' residence are completed, the periods of residence will be 4, 4 and 6 years. These new periods of residency meet the residency requirements, under the concessional formula.

Example:   One period of residence equal to or exceeding 5 years

Periods of residence are 8 years and current period of 1 year.

formula 1[ 20  -  (9  +  1) ] ?  2  =  5

formula 220  -  (9  +  8)  =  3

As the answer to formula 2 is the lesser period, 3 more years of continuous residence are required.

When the additional 3 years' residence are completed, the periods of residence will be 8 and 4 years. These new periods of residency meet the residency requirements under the concessional formula.     

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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.

An Australian resident is a person who:

  • resides in Australia; and
  • is one of the following:
  • an Australian citizen;
  • the holder of a permanent visa;
  • the holder of a special category visa who is likely to remain permanently in Australia;
  • the holder of a special purpose visa who is likely to remain permanently in Australia.

Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:

  • Christmas Island
  • Cocos (Keeling) Islands

Subsection 5Q(1) of the VEA provides specifically that the definition of Australia includes the external territories for many VEA purposes including Part III, IIIAB, some parts of Part IIIB, Parts IIID, VIIA, VIIC and sections 52ZO, 58A, and 132.  Norfolk Island is currently the only external territory of Australia. For the above VEA sections, which cover service pension, [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement and Commonwealth Seniors Health Card purposes it is considered to be part of Australia. The test of residing in Australia does not by itself satisfy the full definition of Australian Resident, as residency also requires Australian citizenship or the holding of a specified visa.

Papua New Guinea and Nauru have both previously been external territories of Australia.  Lord Howe Island and Macquarie Island, formerly regarded as separate islands, are now part of mainland NSW and Tasmania respectively.

 

 

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.

An Australian resident is a person who:

  • resides in Australia; and
  • is one of the following:
  • an Australian citizen;
  • the holder of a permanent visa;
  • the holder of a special category visa who is likely to remain permanently in Australia;
  • the holder of a special purpose visa who is likely to remain permanently in Australia.