Section 45SB VEA, Veterans’ Entitlements (Veteran Payment) Instrument 2018.
If a current or former member of the ADF is capable of participating in rehabilitation, it is a condition of payment of Veteran Payment that they participate in a DVA rehabilitation program, or for current members an ADF rehabilitation program. A letter, or a medical certificate from the member’s doctor stating that they are not capable of participating in a rehabilitation plan is sufficient evidence as a requirement not to participate.
Partners are not required to participate in a rehabilitation program in order to receive Veteran Payment.
In some instances, a partner may also be a veteran and have primary eligibility for the Veteran Payment, in addition to partner eligibility. In that situation, both members of the couple must participate in a rehabilitation program, if capable.
Referral to Rehabilitation
This program will be arranged by a DVA rehabilitation coordinator for former members on determination of Veteran Payment eligibility. This will be via the Early Access to Rehabilitation mechanism.
Current serving members and Reservists’ rehabilitation will be via Defence as their rehabilitation authority.
For further information please see: CLIK Rehabilitation Policy Library Part 3.12 Veteran Payment.
Failure to participate in Rehabilitation
Section 45SB VEA, Veterans’ Entitlements (Veteran Payment) Instrument 2018.
If a current or former members of the ADF (who is capable of participating in the rehabilitation program) chooses not to participate in the rehabilitation program then the Commission has the authority to suspend their and their partner’s payments. Several attempts, over a period of time, must be made to conduct a rehabilitation assessment prior to the suspension of payment. Due to the vulnerability of these persons, suspension of their Veteran Payment should only be used as a last resort. Advice from the rehabilitation delegate will need to be taken into consideration when suspending Veteran Payment for non-compliance.
Suspension of veteran payment is a last resort. The welfare of the veteran must be considered as the main priority.
An inability to contact the client (eg, the client not responding to phone or email requests) is not a sufficient reason to suspend veteran payment. It may be that the veterans’ contact details or circumstances have changed, or the veteran may not be well enough to respond to departmental contact. Cases where a client cannot be contacted should be referred to Eligibility and Payments Policy for advice. Consideration must also be given to conducting a welfare check of the client.
Once the Commission is satisfied that the current or former member of the ADF is participating in the rehabilitation process, their and their partner’s payments will resume. Payments will also be made for the period the Veteran Payment was suspended.
Veteran payment should only be cancelled as a last resort after a period of non-compliance. The delegate must clearly document that they have spoken to or otherwise received confirmation from the veteran that they choose not to participate in a rehabilitation program and therefore no-longer wish to receive veteran payment.