C20/2010 Removal of eligibility for war widow/ers pension for widow/ers in a defacto relationship at the time a claim for pension is made

Amends DI No.

Replaces DI No.

N/A

Purpose

To advise staff that the Veterans' Entitlements Act 1986 (VEA) has been  amended so that widow/ers who enter a  de facto relationship with a third party before claiming for the war widow/er's pension are treated in the same way as those who marry/remarry. That is, they will not be eligible to claim the war widow/er pension.

Effective Date

This amendment applies to all claims made on and from 1 October 2010, or where there is an automatic grant of war widow/er's pension, for deaths on or after 1 October 2010.

Background

Prior to 1 October 2010, widow/ers who entered into a de-facto relationship after a veteran's death and prior to claiming war widow/er's pension under the VEA were eligible to claim the war widow/ers pension whereas widow/ers who remarry/marry after a veteran's death prior to making a claim were not.

As one of its 2007 election commitments, the Government undertook to revisit the unimplemented recommendations of the 2003 Review of Veterans' Entitlements (the 2003 Clarke Review) which were not acted upon by the previous government. One of these recommendations related to amending the  VEA to ensure the equal treatment of those who enter into de facto relationships before lodging a claim for war widow/er pension and those who remarry/marry.

On 11 May 2010, the then Minister for Veterans' Affairs, the Hon Alan Griffin MP, announced that the Government had accepted the Clarke recommendation to amend the VEA so that widow/ers who enter into a de facto relationship with a third party prior to lodging a claim for war widow/er's pension will be treated, in regard to the right to claim war widow/er pension, in the same way as those who marry or remarry.

The necessary amendment to the VEA giving effect to this measure from       1 October 2010, received Royal Assent on 29 June 2010.

Who will be affected by this change?

Spouses of veterans who have separated (but not divorced) and have entered into a de facto relationship with a third party person, are not eligible to claim for war widow/er's pension when the veteran dies if they are in a de facto relationship at the time of the veteran's death.

Partners of deceased veterans are not eligible to claim for war widow/er's pension if they have entered into a de facto relationship with a third party person after a veteran's death and prior to claiming war widow/er's pension.

Who will not be affected by this change?

This measure does not affect war widow/er's pensions in payment or war widow/er claims lodged prior to 1 October 2010.

No pension entitlement will be affected if the person marries, remarries or enters a de facto relationship after claiming and being granted the war widow/er's pension.

Once the pension is granted, the pension will not be removed, no matter what the relationship status of the widow/er.

Contact

If you have any further queries relating to this Departmental Instruction, please contact Jacqui Blackall on x16451.