9.3.1 Overview of Relationship Status

For information about recieving Veteran Payment as the partner of a veteran please see Partners.

Purpose of determining relationship status

The determination of relationship status is important for the following reasons:    

• deciding eligibility for payment or benefit under the VEA for a non-veteran, because of a person's previous or continuing relationship to a veteran or deceased veteran, eg war widow's pension, or to partner pension under section 38 VEA, and
• where eligibility is determined for a veteran or non-veteran claimant, the relationship status of a person is one factor taken into account when calculating the rate payable or level of benefit to be made, eg whether the member of a couple rate or not a member of a couple rate applies.

Member of a couple

The legal definitions of a  member of a couple , referred to in the VEA as a partner , are found in section 5E(2) VEA, section 5E(3) VEA, section 5E(4) VEA and section 5E(4A) VEA. In ordinary terms a member of a couple is a person who is:    

• married
• remarried
• a de facto partner
• living apart as a result of illness on an indefinite basis but maintaining a married or de facto relationship
• living apart as a result of respite care, which is a short term separation
• separated on grounds other than breakdown in the relationship, usually on a temporary basis

Not a member of a couple

The term not a member of a couple is referred to in the VEA to cover situations where an individual is treated as a single person. In ordinary terms not a member of a couple equates to being:    

• single, never married,
• widowed,
• divorced,
• separated on the grounds of a breakdown of a de facto relationship or marriage and living apart,
• maritally separated, but sharing the same principal home,

and in all of the above listed cases, not remarried or in a de facto relationship.

Not a member of a couple rate and member of a couple rate

In administering the VEA, the rate of pension or payment payable is described in terms of two general categories:

• member of a couple rate or partnered rate, and
• not a member of a couple rate

Note: There are special circumstances where a member of a couple can be paid at the not a member of a couple rate.    

When relationship status is not clear from information on the claim

In most cases, the relationship status of a person will be evident in the claim. There will be situations where further information is sought, in order to make a determination about a person's relationship status, for example:     

• separated from their partner, yet continue to share the same principal home
• single and living with another person     
  VEA ?

   

  De facto Relationships

  Section 11A VEA

   

  VEA ? (go back)
• the de facto partner, previously unknown to DVA, of a deceased veteran
• illness separated couple and neither member of the couple resides in an approved facility
• temporarily separated and circumstances indicate it may be appropriate to consider a determination under section 5R(3) VEA.

Requirement to notify of changes to relationship status

Changes to relationship status must be notified to DVA under section 54 VEA to ensure entitlements are not over or under paid as follows :    

• marriage or remarriage
• entering into a de facto relationship
• temporary separation from partner, for illness or other reasons
• permanent separation from partner, for illness or other reasons, including breakdown in the relationship
• reuniting with a partner following a separation
• divorce
• partner dies

Misrepresentation of relationship status and personal circumstances

If a person fraudulently or deliberately misrepresents their relationship status, for example declares they are single when they are in a de facto relationship or fails to notify they have married, they may be overpaid their entitlements and risk criminal prosecution.