A disqualifying provision has the effect that an age or invalidity [glossary:service pension:245] 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 [glossary:partner:370] 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 [glossary:income support pension:79] or [glossary:income support benefit:472]
- 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 [glossary:tax file number:191].