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Disqualifying Provision
A disqualifying provision has the effect that an age or invalidity service pension that would otherwise be payable to the veteran is not, or ceases to be, payable.
Section 38(1A) of the VEA refers.
For a pension to be otherwise payable to a veteran, the veteran must firstly be eligible for the pension. Where a veteran is eligible but not payable for pension, the partner may be eligible to receive partner service pension.
A partner may become eligible for partner service pension, or continue to be eligible for partner service pension, where:
- the veteran meets the eligibility criteria for age or invalidity pension contained in section 36 of the VEA or section 37 of the VEA; but:
- the veteran has not yet lodged a claim for service pension; or
- the veteran dies without lodging a claim for service pension; or
- the veteran's service pension is not payable as the rate of payment is nil; or
- the veteran's service pension is not payable because it has not commenced to be payable; or
- the veteran's service pension is not payable because the veteran is receiving another income support pension or income support benefit
- the veteran's service pension is not payable due to the compensation recovery provisions in Part IIIC of the VEA; or
- the veteran's service pension is cancelled or suspended; or
- the veteran is in gaol; or
- the veteran's pension is not payable because the veteran has not provided a tax file number.
A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.
A person's 'partner' is someone who is a member of a couple with that person.
Income support pension is:
- a social security pension
- a service pension;
- an income support supplement.
A TFN is a number issued by the Australian Taxation Office to individuals, partnerships, trusts or companies. Each taxpayer has unique TFN which must be declared when you:
- loge a tax return,
- apply for certain income assistance or support payments,
- make or receive payments under Prescribed or Reportable Payment System,
- start or change jobs,
- have savings accounts or investments that earn income, or
- study at a tertiary institution under the HECS Scheme.
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