External

Departmental Instruction

DATE OF ISSUE: 14 JUNE 2000

GRANT OF WAR WIDOW/ER'S PENSION & INCOME SUPPORT SUPPLEMENT: STREAMLINED PROCEDURES

Purpose

The purpose of this instruction is to advise of streamlined procedures between Department of Veterans' Affairs and Centrelink when granting War Widow/ers' pension (WWP) and income support supplement (ISS) to a social security pensioner or allowee.

Background

Since March 1995, Veterans' Affairs has had the legislation in place to pay income support pension to eligible war widow/ers.

At this time multiple exclusion clauses were included in the Social Security Act 1991 (SSA) that precluded the payment of a social security pension to a person eligible for an ISS. Multiple exclusion clauses already existed in the case of benefits and allowances on grant of WWP.

Effective from 1 October 1998, Centrelink added a system halt on social security payments once notification of WWP grant was received. Whilst this action was legislatively incorrect in the case of social security pensions the system change has remained in place.

So that there is no shortfall in income support paid to war widow/ers, Centrelink and Veterans' Affairs have worked together to streamline and fast track the clearance procedures.

Changes

The changes to procedures include:

A new Claim for Pension by a Widow, Widower or other Dependent of a Deceased Veteran Form D2663 to formalise the claim for Income Support Supplement.
Streamlined clearance procedures. Reducing the clearance process from a 2 stage to 1 stage process in all cases.

Enhancement of Centrelink clearance forms.

Claim form for Pension

WWP and ISS claim forms have been revised to reflect the changes to the clearance process. A new combined WWP & ISS claim form has been developed. The ISS component of the form is a 2-page attachment that no longer requests income and asset information. This is because if the claimant is already in payment with Centrelink, DVA has permission to retrieve income and asset information from Centrelink. These forms are currently available in all state offices (since 12/99).

Please note: For war widows who are not in receipt of social security or DVA income support payments form D0529 should continue to be use. This form continues to be available in electronic form

Streamlined Clearance procedures

Income support policy section consulted with Department of Family & Community Services, Centrelink and DVA state offices with the aim of improving the WWP/ISS clearance process. As a result of this consultation a new WWP/ISS clearance procedure has been developed. The new procedure addresses the concerns and simplifies the claim process for widow/ers. The new procedure is at attachment A

Key Component of Procedures

The key aspect of the streamlined process is that Centrelink can provide the current income and assets details held in a war widow/er's assessment, as part of the initial clearance process.

It should be noted that the details provided are intended for interim ISS assessment only. It will be necessary to collect up to date income and assets and other relevant details via the normal review process.

Clearance form enhancements

Clearance forms have also been amended as part of the streamlining process. Centrelink have raised the issue of simplification of the clearance form a number of times and this exercise provided the opportunity to make the required amendments.

To assist Centrelink in processing the clearance the following additions have been requested:

include full name;
maiden or other names known by;
Centrelink Reference Number and date of birth in all cases; and
a check box to be added to remind Centrelink to ensure income/asset details are attached in the case of war widow/ers. These details will be used to fast track grant of ISS. Suggested wording next to the check box is: -Income & asset details attached? Y/N

-WWP & ISS only

For those states that have not yet made the enhancements to the form, the 'clearance tracking system' can be updated with the revised clearance form. States not using the tracking system will need to replace the current form with the revised one. A copy of an updated clearance form is at attachment B for the use of those offices as an example of Centrelink's requirements.

Procedures upon grant of WWP		Automatic Grant	Grant upon old application form	Grant upon new WWP/ISS combined application form
	Client in receipt of an income support pension (IS) from DVA – date of grant (DoG) of IS before DoG of WWP	Grant ISS based on details on screen No clearance required No further action required	Grant ISS based on details on screen No clearance required No further action required	Grant ISS based on details on screen No clearance required No further action required
	Client in receipt of an IS from DVA – DoG of IS after DoG of WWP	Grant ISS based on details on screen Send clearance to Centrelink No further action required	Grant ISS based on details on screen Send clearance to Centrelink No further action required	Grant ISS based on details on screen Send clearance to Centrelink No further action required
	Client not in receipt of an IS from DVA	Send clearance to Centrelink Send ISS form with WWP payment grant auto-advice	Send clearance to Centrelink Send ISS form with WWP payment grant auto-advice	Refer file to Income Support section for processing of the ISS claim
	Client not in receipt of an IS from either department	Send clearance to Centrelink Send ISS form with WWP payment grant auto-advice	Send clearance to Centrelink Send ISS form with WWP payment grant auto-advice	No clearance required Send ISS form with WWP payment grant auto-advice

Procedures upon grant of ISS		Automatic WWP grant	WWP granted on old application form	WWP granted on new WWP/ISS combined application form
	Client not in receipt of an IS from DVA at grant of WWP	ISS claim form received Grant ISS based on form as per effective date rules	ISS claim form received Grant ISS based on form as per effective date rules	Grant ISS based on information from Centrelink as per effective date rules If required, an income and asset statement can be sent to the war widow/er on grant of ISS or the end of the bereavement period, whichever is the later
	Client not in receipt of an IS from either department	ISS claim form received Grant ISS based on form as per current effective date rules	ISS claim form received Grant ISS based on form as per current effective date rules	ISS claim form received Grant ISS based on form as per current effective date rules

Contact officer

The contact officer for this issue is Renée Arkinstall at National office on 02/62896428.

R J Hay

BRANCH HEAD

INCOME SUPPORT

14 June 2000

Relevant Legislative references

Veterans' Entitlements Act 1986

45A Eligibility for income support supplement (age, dependent child, incapacity for work)

A person who has made a claim for income support supplement but whose claim has not yet been determined is eligible for income support supplement if:

the person is a war widow or war widower; and
the person:

has reached the qualifying age (see subsection (2)); or
has a dependent child; or
is, in the opinion of the Commission, permanently incapacitated for work (see subsection (3)); or
is partnered (partner getting pension).

Note:For partnered (partner getting pension) see paragraph 5E(5)(d).

45D Restrictions on dual pensions

Income support supplement is not payable to a person if the person is receiving:

an age service pension; or
an invalidity service pension; or
a social security benefit.

45I Need for a proper claim

Subject to section 45N, a person is not entitled to be granted income support supplement unless the person has made a proper claim for that supplement.

Social Security Act 1991

151.(3) A wife pension is not payable to a person who:

is an armed services widow or an armed services widower; and
is receiving a pension under Part II or IV of the Veterans' Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; and
is receiving income support supplemen — t under Part IIIA of that Act or would be eligible for income support supplement under that Part if he or she made a claim under section 45I of that Act.

Attachment A

WAR WIDOW/ERS CLEARANCE PROCEDURES

Step 1

Automatic grant of WWP

If person is not receiving DVA income support pension hold arrears pending Centrelink clearance. Send immediately to income support for action; or
If DVA income support in payment transfer on to ISS (unless vet with QS eligible for SP). Process as per existing rules.

DVA Compensation

Step 2

Where WWP not automatically granted ISS:

From revised WWP/ISS claim form, ascertain possible grounds for ISS (age, invalidity, dependant child/ren, or pensioner partner) eligibility.
Contact Centrelink by phone to ascertain if person is receiving an income support payment, type and rate of payment*.
Send income and assets statement to war widow/er if identified as a Social Security pensioner.

DVA Income Support

Step 3

Agree on date of effect of ISS & cancellation of social security backdated to date of grant of WWP.

Ensure that the date provides sufficient time for the clearance to be processed.
Fax clearance to Centrelink Officer.

DVA & Centrelink

Step 5

Cancel social security payment from an agreed date in the future but backdate to payday following grant of WWP.

Centrelink

Step 6

Fax adjustment details to DVA.

Provide current total of income and assets held in assessment of Centrelink payment and income/asset totals held in assessment back to date of cancellation of social security pension.

Centrelink

Step 7

If arrears of WWP sufficient to cover excess social security payment make adjustment and release arrears.

If insufficient continue to hold arrears until ISS granted.

DVA Income Support

Step 8

Grant ISS as per effective date rules.

If not already done (see step 6) recover excess social security payment and release all outstanding arrears.

DVA Income Support

Step 9

On receipt of ISS form or Income and Assets Statement update income and assets and other relevant information.

NB this may have already been lodged and therefore used for grant of ISS.

DVA Income Support

*If DSP for example, this should be adequate evidence for Invalidity ISS purposes as from 1/1/2000 DSP and Invalidity ISS have the same eligibility requirements under the new Invalidity Service Pension rules.

Attachment B

	DEPARTMENT OF VETERANS' AFFAIRS *REQUEST FOR CENTRELINK CLEARANCE*
	To be retained by Centrelink
Centrelink Regional Office		DVA Reference No
Centrelink Fax No		DVA Consec No
Centrelink Reference No		DVA Fax No(02) 9213 7803

PART A: (Completed by DVA)

1. APPLICANT'S DETAILS

Surname — Given Name(s)Date of Birth

Name of Client
Name of Partner
Maiden Name/AKA
Address

2. The client and/or partner will be or has/ve been granted/increased

		type of benefit				with effect from
Client :	■SP	■ ISS	■ AP	■ DP	■WWP
Rate p/f	$	$	$	$	$

Partner:	■SP	■ ISS	■ AP	■ DP	■WWP
Rate p/f	$	$	$	$	$

KEY:SP = service pension; ISS = income support supplement; AP = age pension; DP = disability pension;
WWP = war widow/er pension.

3. Complete if granted benefit has varied in rate throughout the period

*Type*	*Old % rate* (for DP)	*New % rate* (for DP)	*Old $ rate*	*New $ rate*	*Date of effect*

4. Complete if client or partner has been granted WWP

fromto

Date of death

Bereavement Period

Please Note: WWP is treated as income for Social Security pensions such as age, disability support, wife and carer until 20 March 1995. From 20 March 1995 the TOTAL amount of Social Security pension is cancelled. Other benefits such as sole parent pension, job search allowance, new start allowance, sickness allowance and or special benefit are not payable from date of grant of WWP. If a Bereavement Payment has been made by Centrelink then the adjustment amount should only be calculated from the end of the Bereavement Period.

NOTE: Department of Veterans' Affairs is obliged to release arrears as soon as possible. It would be of assistance if you could fax your response to our office within 14 days.

..............................................................................

for Deputy Commissioner	DVA Contact Officer:
NSW State Office	Phone Number:
Date:19-Jun-00	Fax Number:

CENTRELINK

CLEARANCE

To be forwarded to Department of Veterans' Affairs

Centrelink Regional Office	DVA Ref No
Centrelink Reference No	DVA Con No
Centrelink Fax No	DVA Fax No(02) 9213 7803

Warning: The attached information is strictly confidential. If you receive this fax and you are not the intended recipient, please contact the sender by telephone. This information is covered by Section 1312B of the Social Security Act 1991 and is protected information. If you further disclose, record, or otherwise use this information, you will be committing a criminal offence and are liable to criminal prosecution, attracting a penalty of 2 years jail, a fine of $12,000, or both.

The authority to seek this information is contained in Section 128 of the Veterans' Entitlements Act 1986.

PART B: (Completed by Centrelink)

CENTRELINK ADJUSTMENT

Surname — Given Name(s)Centrelink Reference No

Name of Client
Name of Partner

■Pension or benefit from Centrelink will be cancelled/varied on the date indicated

■Please recover the amount shown below

■No Centrelink record found

1.Client

Cancelled/varied	Rate p/f	Adjustment period	Adjustment amount
from ...../....../.....	$	...../....../..... to ...../....../.....	$

2.Partner

Cancelled/varied	Rate p/f	Adjustment period	Adjustment amount
from ...../....../.....	$	...../....../..... to ...../....../.....	$

If Clearance is for a grant of War Widow/ers pension (WWP) please attach

Centrelink's current income and asset details, if applicable.

Have Income and Asset details been attached? Yes/No (please indicate)

..............................................................................Date: ..../....../......

Delegate of the Secretary

Centrelink Contact Officer: ...........................................Phone number: ........................................

Regional Office: ...............................................Fax number: ............................................

Please ensure all clearances are signed as we are unable to release any arrears based on an unsigned clearance, necessitating the return of the form for completion.

PART C: (Completed by DVA)

Centrelink Regional Office: ................................................

Adjustment amount of $.............for ...................................was recovered on ..../.../...

...........................................................................

for Deputy CommissionerContact Officer:

Date:..../....../......Phone Number:

Purpose

Background

Changes

Claim form for Pension

Streamlined Clearance procedures

Key Component of Procedures

Clearance form enhancements

Procedures upon grant of WWP

Procedures upon grant of ISS

Contact officer

Relevant Legislative references

Attachment A

WAR WIDOW/ERS CLEARANCE PROCEDURES

Attachment B