Last amended 17 June 2009
The information provided in this section outlines the bereavement guidelines and effective dates relating to automatic grants of income support supplement [2] (i.e. where a veteran [2] dies and the surviving partner [2] is eligible for automatic grant of income support supplement and war widow's/widower's pension [2]).
More ? [3]
The date of effect [2] for the grant of income support supplement depends on whether section 53K [4] VEA or section 53L [4] VEA applies to the survivor after the partner's death.
If the survivor's single rate of pension after the death of their partner is... |
the applicable VEA provision is... |
and the effective date for ISS grant is... |
greater than the couple's combined pre-death rate of pension |
section 53K [4] VEA |
day 2 of the bereavement period [2] (same day as grant of war widow's/widower's pension). |
less than the couple's combined pre-death rate of pension |
section 53L [4] VEA |
the day after the end of the 98 day bereavement period. |
Note: Section 53L [4] of the VEA will apply to the great majority of cases.
Under the date of effect guidelines, if the survivor was receiving partner service pension (PSP) prior to the death of the veteran, the tax exempt bereavement payment [2] and the taxable ongoing payment made to the survivor during the 98 day bereavement period are shown in the table below. These examples represent the daily rates applicable.
Payment Type |
Section 53L VEA |
Section 53K VEA |
Bereavement payment |
Veteran's partnered rate of pension |
Veteran's partnered rate of pension |
Taxable payment |
Survivor's partnered rate of pension |
(Survivor's re-assessed single rate of pension plus (ISS minus veteran's partnered rate of pension) |
VEA ? [5]
In all cases where the income support supplement and war widow's/widower's pension (WWP) grant are automatic, WWP is granted from the day after the death of the veteran.
More ? [6]
The grant of war widow's/widower's pension is not effective until the day after death.
VEA ? [7]
The income support supplement (ISS) eligibility depends on being a war widow/widower, therefore ISS is not payable until the day after death.
VEA ? [8]
The bereavement period starts on the day of death.
VEA ? [9]
The details about non-automatic ISS grant and date of effect are provided in another topic.
More ? [10]
Automatic grant of ISS for certain persons exempt from requirement to lodge a claim
2.1.2/Service Pension and Income Support Supplement Claims [11]
ISS is an income support payment that may be paid to eligible war widows and widowers under the VEA and persons receiving wholly dependent partners' compensation under the MRCA, and who satisfy the means tests. It is an indexed rate, increased twice-yearly in March and September in line with changes to the cost of living and/or average wages. Income Support Supplement (ISS) legislation commenced on 20 March 1995. It is a payment created to replace the ceiling rate income support age, carer, wife and disability support pensions, paid to war widows/widowers by Centrelink.
For the purposes of Part VI of the VEA [21], a reference to a veteran is taken to be a reference to:
For the purposes of Part VII of the VEA [21], according to subsection 5C(1), veteran means a person (including a deceased person):
A person's 'partner' is someone who is a member of a couple with that person.
A form of pension that is paid to the partner of a veteran where the veteran has died as a result of war service or eligible Defence Service [2]. War widow's/widower's pension is also paid to the partner of a veteran whose death was not war caused if the veteran was a ex-prisoner of war or if the veteran was receiving Extreme Disablement Adjustment (EDA) Rate [2], Special Rate (T&PI) [2] or a rate increased in respect of certain war-caused injury or disease.
The date of effect, or effective date, is the day on which a certain incident or 'event' begins affecting a pension assessment.
Bereavement period, as defined in section 53H of VEA [22], in relation to a person's death, means the period of 98 days starting on the day on which the person died.
A bereavement payment is an amount payable in respect of a deceased pensioner that represents a continuation of the pensioner's entitlement for a period following the death (the bereavement period).
The payment can be made as:
Links
[1] https://clik.dva.gov.au/user/login?destination=node/15938%23comment-form
[2] https://clik.dva.gov.au/%23
[3] https://clik.dva.gov.au/book/export/html/15938#tgt-cspol_part8_ftn32
[4] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[5] https://clik.dva.gov.au/book/export/html/15938#tgt-cspol_part8_ftn33
[6] https://clik.dva.gov.au/book/export/html/15938#tgt-cspol_part8_ftn34
[7] https://clik.dva.gov.au/book/export/html/15938#tgt-cspol_part8_ftn35
[8] https://clik.dva.gov.au/book/export/html/15938#tgt-cspol_part8_ftn36
[9] https://clik.dva.gov.au/book/export/html/15938#tgt-cspol_part8_ftn37
[10] https://clik.dva.gov.au/book/export/html/15938#tgt-cspol_part8_ftn38
[11] https://clik.dva.gov.au/compensation-and-support-policy-library/part-2-applying-pension/21-claims/212-types-claims/service-pension-and-income-support-supplement-claims
[12] https://clik.dva.gov.au/book/export/html/15938#ref-cspol_part8_ftn32
[13] https://clik.dva.gov.au/book/export/html/15938#ref-cspol_part8_ftn33
[14] https://clik.dva.gov.au/compensation-and-support-policy-library/part-11-administration-payments/112-disability-compensation-payment-instalments-and-effective-dates/1122-instalments-and-dates-effect-payments-pensions-and-allowances
[15] https://clik.dva.gov.au/book/export/html/15938#ref-cspol_part8_ftn34
[16] https://clik.dva.gov.au/book/export/html/15938#ref-cspol_part8_ftn35
[17] https://clik.dva.gov.au/book/export/html/15938#ref-cspol_part8_ftn36
[18] https://clik.dva.gov.au/book/export/html/15938#ref-cspol_part8_ftn37
[19] https://clik.dva.gov.au/compensation-and-support-policy-library/part-8-bereavement-assistance/81-income-support-bereavement-payment/812-administration-bereavement-payment/non-automatic-grant-iss-during-bereavement-period
[20] https://clik.dva.gov.au/book/export/html/15938#ref-cspol_part8_ftn38
[21] http://clik.dva.gov.au/legislation-library
[22] http://www.comlaw.gov.au/Series/C2004A03268