Policy

Veterans’ Entitlements (Veteran Payment) Instrument 2018 (11) (2)

Death of person receiving Veteran Payment

VEA Veterans’ Entitlements (Veteran Payment) Instrument 2018 (11)

If a person was receiving Veteran Payment prior to their death, the payment will cease on their date of death.

This applies to both the current or former member of the ADF and their partner.

Death of primary person – effect on Veteran Payment payable to partner (who is receiving Veteran Payment)   

Veterans’ Entitlements (Veteran Payment) Instrument 2018 (15)

Compensation recovery assessment rules apply to Veteran payment where the Veteran Payment recipient is under Age Pension age.  Veteran Payment may not be payable if the person or their partner fail to take reasonable action to claim, or obtain the compensation to which they may be entitled.

If a person receives compensation in the form of a lump sum, a compensation affected pension is not payable to the person for the lump sum preclusion period.

If a person’s rate of Veteran Payment is reduced to nil due to an increase in their income or assets, their Veteran Payment may re-commence following a reduction in their income or assets as long as they remain eligible for Veteran payment.

For further information, see CLIK 11.1.4 Determining Effective Dates for Variations and Terminations.

 Section 55 VEA, Section 55A VEA

While a person is imprisoned or in psychiatric confinement, their payments may be forfeited or suspended if a pension instalment is payable after the day on which the person goes to gaol and before the day the person is released.  If a person has a partner or child/ren then the Commission may direct that the payment or part of the payment be paid to:

• their partner,

• their child, or

• someone else approved by the Commission.

Section 45SB VEA (7), (8) and (9).

 Section 128 VEA

A person in receipt of a Veteran Payment is required to provide DVA with their and their partner’s tax file number.  If the tax file number is not provided, Veteran Payment is not to be paid, unless the requirement to provide the number is waived by the Secretary, or an exemption applies.

More: Chapter 12.3 Data Matching

Section 45SB VEA (7), (8) and (9).

A Veteran Payment is not payable to a person if they are receiving certain types of compensation under the MRCA, DRCA or the VEA.

This includes:

• War Widow/Widower’s pension

• Incapacity Payments

• Special Rate Disability Pension (MRCA)

• Veterans’ Children Education Scheme

• Military Rehabilitation and Compensation Act Education and Training Scheme

If a person is receiving Veteran Payment for a period (whether as a current or former member of the ADF or their partner), they are unable to receive another Veteran Payment for the same period.  This is the case even if the person is eligible for the Veteran Payment both as a primary person and as the partner of another primary person.

It should not be possible for two instances of Veteran Payment to be made to the same person for any period.  However, this may occur through errors in systems or records.

Although a person may be eligible for Veteran Payment, that payment may not be payable to them because:

• the payment has not commenced to be payable,

• the person is in gaol,

• the person is receiving another payment (see: Restrictions on dual payments),

• the rate of payment is nil,

• the payment is cancelled or suspended, or

VEA - Section 45SB VEA, Veterans’ Entitlements (Veteran Payment) Instrument 2018 (6)

The current or former member of the ADF (and their partner) will be eligible for Veteran Payment for up to two weeks before the date of lodgement of the liability claim for a mental health condition.  The first payment will be made once eligibility for the Veteran Payment is determined.  Payments may continue until six weeks (42 days) following the determination of the liability claim unless thepayment has been suspended or cancelled.