Lodgement of a Claim

Proper claim

A person who wants to make a claim for a pension or to establish qualifying service must lodge a proper claim for that pension or qualifying service determination.

Initial claim or incorrect claim

If a person makes a claim for a service pension, income support supplement, disability compensation payment or dependant’s pension that is not a proper claim it can be regarded as an Initial (or informal) claim.

Making Decisions Under the VEA

Last updated: 25 November 2008

Commission not bound by rules of evidence

VEA

The Commission does not have to act in a formal manner, nor is it bound by rules of evidence when making decisions in relation to pensions. Evidence such as hearsay evidence which would not be admissible in a court of law, may be used by a delegate to establish reasonable satisfaction in a case.

2.3.1 Overview of Standards and Onus of Proof

Standard of Proof required for income support decisions under the VEA

The VEA contains provisions specifying the standard of proof required before a decision on a case involving pension can be made. The standard required is known as reasonable satisfaction.

Description of reasonable satisfaction

To be reasonably satisfied, a delegate must consider a fact is more likely than not to be true.

Establishing Proof of Relationship to a Veteran

Establishing proof of relationship to a deceased veteran or member

Evidence of a dependent partner's relationship to a deceased veteran or member is required to support a claim for payments or benefits if this has not been established by previous claims.

 
Documents required in respect of a widow/widower or de facto spouse

A widow, widower or de facto spouse claiming pension is required to provide the following documentation: