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2.2.1 Overview

2.2.1.1A loss of eligibility is defined as “a person's failure to satisfy, or continue to satisfy, the basic criteria on which the eligibility for pension is based”. Such overpayments occur when eligibility for pension under the provisions of the legislation ceases upon the occurrence of a particular event or change in circumstances.

2.2.1.2For example, a partner of a veteran service pensioner would lose basic eligibility for the partner service pension following divorce from the veteran. If they failed to notify the Department of the divorce within the prescribed period, a delegate of the Repatriation Commission would determine a retrospective cancellation of the pension from the appropriate date (i.e. date of event). The resulting overpayment would be the difference between the amount the person actually received and the amount to which they were entitled.