External
Policy
Pension or payment recipients and applicants

The Secretary or his delegate can request specified types of information from pension or payment recipients and applicants, and/or recipients and applicants of associated allowances and benefits. A request for information can be made to:

  • a person to whom a pension, payment, allowance or other benefit under the VEA is being paid,
  • a person whose claim for pension, attendant allowance, or recreation transport allowance is under consideration, 
  • a person who is receiving treatment under Part V of the VEA,
  • a person whose application for treatment under Part V of the VEA is under consideration, 

Or

  • a person who is being paid a service pension, a veteran payment or ISS,    
    VEA ?

     

    Section 54A(1) (a) VEA - requirement to give particular information relevant to the payment of pension

    Section 54AA(1) VEA - requirement to give information, produce documents or appear before an officer

     

    VEA ? (go back)
  • a person whose claim for service pension or ISS is under consideration, 
  • a person whose eligibility for veteran payment is under consideration,   
  • a person receiving benefits under Part IIIB Division 12.    
    VEA ?

     

    Section 54A(1) (c) VEA - requirement to give particular information relevant to the payment of pension

    Section 54AA(1) VEA - requirement to give information, produce documents or appear before an officer

     

    VEA ? (go back)
Trustees

 

VEA ?

 

Section 54A(2) VEA - requirement to give particular information relevant to the payment of pension

Section 54AA(2) VEA - requirement to give information, produce documents or appear before an officer

 

VEA ? (go back)

 

For the purposes of requesting information, a 'person' who is receiving a pension includes a person who is receiving some or part of a pension or veteran payment on behalf of someone else. In most cases the person would be a trustee.    

 

Third parties

There is a general provision giving the Secretary or his delegate the power to require any person to provide information for the purposes of the VEA. This includes a person employed in, or in connection with, a Commonwealth, State, or Territory Government Department or authority.

Depending on the case involved, it may be necessary to approach any number of the following (this list is not exhaustive):

  • banks, building societies or other financial institutions,
  • investment bodies such as MLC, AMP,
  • employers or former employers,
  • doctors (e.g. for an invalidity service pension or invalidity ISS claim),
  • tax agents,
  • solicitors,
  • trustees,
  • the partner or family of the person concerned, and
  • executors of an estate.

Note that there is no legislative authority or provision to demand information from a person or party residing overseas, therefore there is no validity in quoting section 128 of the Veterans' Entitlements Act 1986 in overseas cases.

When a person in receipt of a foreign pension or payment does not know their current rate of pension or payment, reference to the CLIK Procedure Library at P10/C1/S5.

If you are still unable to obtain information from a person and they have not complied with their obligations by forwarding you a statement from their pension or payment provider, you may consider suspending the pension or payment. Refer to P12/C1/S5 (Penalties for Failure to Meet Obligations).

Person indebted to the Commonwealth

The Secretary or his delegate has the power to obtain specific information from a person who is indebted to the Commonwealth under or as a result of the VEA. This power extends to obtaining information from a person who may have relevant information about a person who is indebted to the Commonwealth.