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3.8 Restrictions on Dual Pensions
Restrictions
VEA ?
Restrictions exist on the payment of dual pensions. The following table demonstrates the types of pensions a person is not entitled to receive at the same time.
If a person receives... | Then they are not entitled to... |
any form of service pension |
|
war widow's/widower's pension |
|
an overseas war widow's/widower's pension that is similar in character to an Australian war widow's/widower's pension |
|
income support supplement |
|
veteran payment |
|
* Under s45E, savings provisions allow certain war widow/widowers to continue to receive their Centrelink payments indefinitely (until death) or until such time as they elect to receive ISS.
Existing dual payments
Prior to 16 March 1973 it was permissible for certain dual pensions to be paid. However, on that date, either service pension or Social Security pension was frozen at the rate that was then payable.
See Also
Restrictions on Dual Pensions
Section 36C VEA - age service pension restrictions
Section 37C VEA - invalidity service pension restrictions
Section 38C VEA - partner service pension restrictions
Section 45D VEA - income support supplement restrictions
Section 45E VEA – Election to continue to receive social security pension
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.
The term social security pension is defined in Section 5Q(1) VEA to mean:
- age pension;
- disability support pension;
- carer payment;
- pension PP (single);
- sole parent pension;
- special needs pension.
As benefits (pensions) may change, for the most current definition access this link to the Social Security Act 1991
http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200401781?OpenDocument
The term social security benefit is defined in Section 5Q(1) of the VEA to mean:
- youth allowance;
- austudy payment;
- jobseeker payment;
- special benefit;
- benefit PP (partnered);
- parenting allowance.
As benefits (pensions) may change, for the most current definition access this link to the Social Security Act 1991
http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200401781?OpenDocument
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.
A person's 'partner' is someone who is a member of a couple with that person.
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.