Part Three - Determination of Cases where the Veteran is Age 65 or Over at the Time of Lodging the Claim

Part One | Part Two | Part Three | Attachment A | Attachment B | Attachment C | Attachment D

69. The 1994 amendments to ss 24 and 23 introduced special rules for veterans aged 65 years or over at the time of application. These rules only apply to claims or applications made on or after 1 June 1994.

70. Claims for veterans aged 65 or over are governed by ss 24(2A) for Special Rate and 23(3A) for Intermediate Rate. A significant point to note is that the veteran must be prevented from continuing in their last paid work and must thereby be suffering a loss. This work must be of at least 10 years' duration, starting from a date before the veteran turned 65.

71. The requirement for veterans aged 65 years or over to have been prevented from continuing in their last paid work is a distinct difference to the Work History test that applies to veterans aged under 65 years of age.

72. Other criteria apply only to veterans aged 65 years or over; therefore, Part Three of these Guidelines should be read in its entirety when assessing eligibility for Special Rate and Intermediate Rate pension for these claimants.

73. There are three primary tests to be satisfied before eligibility for the Special Rate or Intermediate Rate can be granted to a veteran aged 65 years or over at the time of lodging their claim. Each of these tests is outlined below.

Note: On 1 July 2017, the work restriction eligibility rules changed. The work history requirement for Special and Intermediate Rates of Disability Pension now just requires a period of 10 continuous years of work in any field or vocation prior to applying for the Special or Intermediate Rates of Disability Pension.