Reject ineligible partner service pension claims
If a veteran has a claim for disability pension being considered at the special rate (T&PI) that has not yet been decided, and the veteran’s partner claims partner service pension and does not meet any of the other eligibility requirements (age or dependent child), the partner's claim would have to be rejected under s.38(1B) of the VEA.
Even though the disability pension action may retrospectively grant or increase the veteran's disability pension to the special (T&PI) rate from a date at or prior to the claim for partner service pension, these partner service pension claims should be finalised and rejected.
Backdating provisions for rejected partner service pension claims
There are special provisions that allow backdating of a second claim for partner service pension if, after the first claim for partner service pension is rejected, the veteran partner subsequently becomes a special rate (T&PI) disability pensioner.
Requirements to apply the provisions
In order to apply the backdating provisions, the partner must make another claim for partner service pension within 3 months of the veteran being notified that they have been granted a special rate (T&PI) disability pension.
Date of grant of partner service pension
In these cases, the partner service pension date of grant is the later of:
· the date the person made the first claim for partner service pension; and
· the day that the veteran became a special rate (T&PI) disability pensioner.