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Determination of claim for a mental health condition
In this chapter
Following the determination of the claim for a mental health condition.
Section 45SB VEA and section 6 Veterans’ Entitlements (Veteran Payment) Instrument 2018.
Following the determination of a liability claim for a mental health condition, Veteran Payment will continue for a period of 42 days (six weeks) or until other benefits are granted such as incapacity payments or other means of income support. In certain circumstances, the payment may be extended beyond this period. Delegates are required to assist the transition to another form of financial support, such as an income support payment, or return to paid employment through a vocational rehabilitation plan. This is to ensure that Veteran Payment is extended beyond the 42 day period and is not ceased until the transition to another form of income support is complete.
If the claim for a mental health condition has not been accepted, DVA will actively assist to transition the current or former member of the ADF to another form of financial support (such as an income support payment from another Department such as the Department of Human Services or support from the Commonwealth Superannuation Corporation), or to return to work. Veteran payment should not be ceased until the transition has occurred, even if the 42 day period has expired.
Transition to other forms of support or employment should begin as soon as possible after a determinationof the person's last mental health condition claimed. It is DVA’s responsibility to ensure that Veteran Payment continues until the transition to other income support or employment is complete.
Multiple liability claims for a mental health condition(s).
Sub-sections 6(2) & 6(3) of the Veterans’ Entitlements (Veteran Payment) Instrument 2018.
If the current or former member of the ADF has made liability claims for a mental health condition(s), including under more than one Act, Veteran Payment eligibility will continue until 42 days following the date of determination of the last claim to be determined. This also applies if separate claims (whether under the same or different Acts, for different mental health conditions) have been lodged on different dates. Note that Veteran Payment should not be ceased until the veteran is transitionsed to another payment or the veteran returns to paid employment.
Example: Judy has made a claim under the MRCA for PTSD and anxiety on 11 June 2018. She meets the eligibility criteria for Veteran Payment and payment begins on the 14 June 2018. On 8 July 2018, Judy makes a claim under the DRCA for depression. The claim for depression is determined on 5 August, but as the claim for PTSD and anxiety are still outstanding, the 42 day period is not triggered. The claims for PTSD and anxiety are determined on 30 August. As there are no more outstanding claims for mental health conditions, this date is considered to be the date of determination of the last claim, and will trigger the start of the 42 day post-determination payment period.