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Lodgement period for a claim

Section 45UL VEA

 

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Time limits on claiming the bonus and special circumstances  

 

While there are prescribed lodgement periods, the Commission has the discretion to extend the period a person has to lodge their pension bonus claim form due to special circumstances.

Lodgement periods

Unless the Commission extends the lodgement period, the following lodgement periods apply to claiming the pension bonus:

Last bonus period/member's status

Lodgement period

Last bonus period is a full year period.     

 

A 13 week period starting from the end of that last bonus period

Last bonus period is a part year period.     

 

A 13 week period, or a longer period if allowed by Commission, starting from the end of that last bonus period.

If Commission allows late lodgement, the part-year bonus is disregarded in calculating the bonus.

Exempt partnered person.     

 

Starts at the end of the last bonus period and ends at the earlier of:

  • when the person's partner could have last lodged a claim for bonus, or
  • 13 weeks after the person ceased to be a member of the same couple (regardless of the reason).

Non-accruing member.     

 

Starts from the end of the person's last bonus period and ends 13 weeks after the person ceases to be a non-accruing member.

Post 70/75 member.     

 

A 13 week period starting from the end of their nominated post 70/75 work period.

Discretion to accept late claims - PBS claims lodged prior to 1 January 2008

Prior to 1 January 2008, the Commission only had the discretion to allow a longer period in which to claim a bonus if the person's last bonus period is a part year period.

Discretion to accept late claims - PBS claims lodged on or after 1 January 2008

The Commission has discretion to accept any late pension bonus scheme (PBS) claim lodged on or after 1 January 2008 providing there was a special reason for late lodgement of the claim. The event that caused the late lodgement of the claim may have occurred prior to 1 January 2008.

Reasons for accepting late claims

The intention of the late claims provisions is to allow acceptance of late claims from members who have not been able to lodge a claim within the time limits due to special circumstances, and not for members who deliberately claim late in order to get a higher bonus. The member should be asked for their reasons for making a late claim for pension bonus and evidence should be provided, where applicable/appropriate.

Late claims from non-accruing members

Care must be taken in assessing late claims from non-accruing members, for example, where a non-accruing member has waited until their partner ceases work before claiming a pension and a pension bonus, in order to receive a larger pension bonus. Deliberate late claims are contrary to the intention to close the pension bonus scheme, and should therefore only be accepted in special circumstances.

Special circumstances may include a PBS member being unaware of the change to the scheme, or where a person is unable to lodge a claim due to being hospitalised for an extended period. Where such special circumstances exist, delegates may decide that late claims may be accepted within a reasonable timeframe. Until 20 September 2010 can be regarded as a reasonable timeframe.

Examples of special circumstances for late claims

The Commission has the discretion to allow a longer period in which to claim a bonus where it would not have been reasonably practicable for the claim to have been lodged earlier. For example, the member has poor numeracy skills, was ill, was located in a remote area, or performed irregular work that made it difficult for the member to determine the lodgement period. The discretionary nature of the special circumstances provisions makes it impossible to give a precise list of factors that should be taken into account when considering whether the provisions should be applied. There is usually not one factor which makes a situation unusual, unforseen and exceptional, but a combination of factors applying to each individual.

Failure to claim PBS when claiming pension

 

The Commission also has the power to treat a PBS claim lodged after the pension claim as a proper claim in some limited circumstances. A claim for bonus from a registered PBS member maybe taken as being lodged at the same time as the claim for pension if:    

 

  • the person makes a claim for pension, and
  • the Commission fails to recognise the person's existing membership in the PBS, and
  • the person did not give incorrect information that led to the conclusion a PBS claim was not appropriate, and
  • the person receives pension without regard to any pension bonus that may have been payable to them, and
  • the person claims the bonus within two years of the lodgement date of the pension claim.
Claiming DFISA bonus

DFISA ceased 1 January 2022.  This is for historical reference only.

There was no separate DFISA bonus claim. Where a person's pension bonus was reduced (including to nil) because adjusted disability pension reduced their rate of age pension, they were automatically entitled to a DFISA bonus from DVA. To access the DFISA bonus, a person must have lodged a claim for the pension bonus.