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:

Satisfying Proof of Identity Requirements

Full proof of identity required

A claimant for an income support payment, Commonwealth Seniors Health Card (CSHC), Gold Card, a payment under the MRCA or DRCA or a veterans' compensation payment or benefit, is required to satisfy the full proof of identity (POI) requirements when:

  • they are not receiving a payment or allowance from DVA or Centrelink*

  • a reapplication is made where payment or benefits not previously issued

Centrelink Clearance

Purpose of a Centrelink clearance

Once a claim for pension is determined, it may become necessary to liaise with Centrelink. The purpose of such a liaison is to obtain a clearance from Centrelink, which enables DVA to calculate any:

  • arrears payable to the claimant, or
  • excess of overpayment, which is recoverable from the claimant.

As part of this process, a monetary adjustment is frequently made between the two departments.