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3.7.2 Requirement to Claim a Comparable Foreign Pension (CFP)
Last amended: 3 August 2010
Requirement to claim comparable foreign pension - new claimantsVEA ?
Persons who claim a service pension or income support supplement and their partners are required to undertake reasonable action to claim any entitlement for a comparable foreign pension.
If a person or their partner fails to comply with a request to take reasonable action to claim an entitlement for a comparable foreign pension, the Commission may reject that person's claim for pension.
Requirement to claim comparable foreign pension - existing recipientsVEA ?
The Secretary has the authority to require a person to whom a service pension or income support supplement is already being paid or their partner to take reasonable action to obtain a comparable foreign pension. If a person or their partner fails to comply with such a request, the Commission may cancel or suspend that person's service pension or income support supplement.
Imposing requirement to claim on existing recipients
The requirement to claim a comparable foreign pension must be imposed on an existing income support recipient through issue of a notice in writing to the person. The notice must specify the time frame in which reasonable action must be taken.
Specifying time frame for reasonable action
It may take 3 - 6 months for overseas authorities to process a pension claim. Therefore, imposing any time frame of less than 3 months on a claimant would be unreasonable.
Exemption from requirement to claim a comparable foreign pension
A pensioner is not required to pursue a claim for a foreign pension if there is a risk of danger to the pensioner or their family, such as may occur if the pensioner has former refugee status.
Section 36JE VEA - Age Service Pension requirement
Section 37JE VEA - Invalidity Service Pension requirement
Section 38JE VEA - Partner Service Pension requirement
Section 45NF VEA - Income Support Supplement requirement
Section 54BA VEA - Requirement to claim comparable foreign pension
Section 56EB VEA - Penalty for failing to claim comparable foreign pension
A former refugee means a person who was a refugee but does not include a person who ceased to be a refugee because his or her entry permit or visa was cancelled.