DATE OF ISSUE: 28 AUGUST 1997
CHANGE TO “RIGHT OF REVIEW” ADVICE TO SOME MAXIMUM RATE INCOME SUPPORT PENSIONERS
Purpose
The purpose of this Departmental Instruction is to change the advices given to maximum rate Income Support pensioners who receive a nil variation.
Background
The Department sends advice letters to maximum rate Income Support pensioners who receive a nil variation. Such letters include inter alia the following paragraph:
“If you do not agree with this decision, you may apply to have it reviewed by a Review Officer at this office. If you decide to apply you must do so within three months of being advised of this decision. A request for review must be in writing and set out your reasons for seeking this review.”
VEA S57(2)
Section 57(2) of the Veterans' Entitlement Act states:
“A pensioner who is dissatisfied with a decision of the Commission:
- cancelling or suspending a service pension or income support supplement; or
- terminating the suspension of a service pension or income support supplement; or
- reducing or increasing the rate of a service pension or income support supplement; or
- refusing an application for an increase in the rate of a service pension or income support supplement; or
- in relation to a request under section 52Y (financial hardship); or (f) in relation to an advance payment of service pension or income support supplement; may request the Commission to review the decision.”
Impact on advices
Legal advice indicates that maximum rate Income Support pensioners who receive a nil variation do not comply with any of the criteria stated in subsection 57(2). They therefore do not have any right of review. Future advices to such pensioners should therefore exclude this “Right of Review” paragraph.
Contact
For further information, please contact Peter Read, Business Administration Unit on (06) 289 6426 or email C-C-BA-15.
R J HAY
BRANCH HEAD
INCOME SUPPORT