For information about recieving Veteran Payment as the partner of a veteran please see Partners [2].
The determination of relationship status is important for the following reasons:
More ? [3]
The legal definitions of a member of a couple [4] , referred to in the VEA [4] as a partner [4] , are found in section 5E(2) [5] VEA, section 5E(3) [5] VEA, section 5E(4) [5] VEA and section 5E(4A) [5] VEA. In ordinary terms a member of a couple is a person who is:
More ? [6]
The term not a member of a couple [4] is referred to in the VEA [4] to cover situations where an individual is treated as a single person. In ordinary terms not a member of a couple equates to being:
More ? [7]
and in all of the above listed cases, not remarried or in a de facto relationship.
In administering the VEA, the rate of pension or payment payable is described in terms of two general categories:
Note: There are special circumstances where a member of a couple [4] can be paid at the not a member of a couple rate.
More ? [8]
In most cases, the relationship status of a person will be evident in the claim. There will be situations where further information is sought, in order to make a determination about a person's relationship status, for example:
More ? [9]
Changes to relationship status must be notified to DVA [4] under section 54 [5] VEA to ensure entitlements are not over or under paid as follows :
More ? [11]
VEA ? [12]
If a person fraudulently or deliberately misrepresents their relationship status, for example declares they are single when they are in a de facto relationship [4] or fails to notify they have married [4], they may be overpaid their entitlements and risk criminal prosecution.
More ? [13]
Policy Library – Establishing Proof of Relationship to a Veteran
2.2.2/Establishing Proof of Relationship to a Veteran [14]
Policy Library – Effect of Relationship Status on Rate
Section 9.3.4 [15]
Veterans' Entitlements Act 1986.
For the purposes of Part VI of the VEA [30], a reference to a veteran is taken to be a reference to:
For the purposes of Part VII of the VEA [30], according to subsection 5C(1), veteran means a person (including a deceased 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 [4]. 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 [4], Special Rate (T&PI) [4] or a rate increased in respect of certain war-caused injury or disease.
Most income support pensions and many of the associated allowances are paid at different rates depending on whether the recipient is a member of a couple or not a member of a couple. Typically, the 'not a member of a couple' rate is higher than the 'member of a couple' rate since people living on their own do not benefit from the economies of pooling their resources and sharing their expenditures with another person.
Most income support pensions and many of the associated allowances are paid at different rates depending on whether the recipient is a member of a couple or not a member of a couple. Typically, the 'not a member of a couple' rate is higher than the 'member of a couple' rate since people living on their own do not benefit from the economies of pooling their resources and sharing their expenditures with another person.
According to Section 5E(2) [31]of the VEA [31]a person is a member of a couple, if they are:
The term “partnered” is also commonly used.
Veterans' Entitlements Act 1986.
A person's 'partner' is someone who is a member of a couple with that person.
The term member of a couple [4] generally replaces married person in the current VEA.
The term de facto is commonly used to describe persons living as a couple while not legally married. The term used in the VEA is de facto relationship which is defined in section 11A [30] of VEA.
A person is considered to be in a de facto relationship if the person is:
living with another person (their partner) whether of the same sex or a different sex;
not legally married to the partner; and
certain features of that relationship are typical for members of a couple, and
the person and the partner are not within a prohibited relationship
Refer to section 11A [30] of the VEA for the full definition.
Note: A relationship needs to be established for a period of twelve months to be considered a 'de facto relationship' for VCES purposes.
Respite care is care provided for one member of a couple in a nursing home or hostel on a temporary basis so that their partner can have a break from providing care. For care to be recognised as respite care under the VEA, it must be Government subsidised care provided under the Aged Care Act 1997.
A pensioner receiving such care, and their partner (a respite care couple), are entitled to be paid the single rate of pension.
For the full definition of respite care, refer to subsection 5NC(8) of the VEA [30].
The term not a member of a couple covers all persons who are not covered by the definitions of member of a couple [4].
Veterans' Entitlements Act 1986.
A person is considered to be in a de facto relationship if the person is:
living with another person (their partner) whether of the same sex or a different sex;
not legally married to the partner; and
certain features of that relationship are typical for members of a couple, and
the person and the partner are not within a prohibited relationship
Refer to section 11A [30] of the VEA for the full definition.
Note: A relationship needs to be established for a period of twelve months to be considered a 'de facto relationship' for VCES purposes.
Most income support pensions and many of the associated allowances are paid at different rates depending on whether the recipient is a member of a couple or not a member of a couple. Typically, the 'not a member of a couple' rate is higher than the 'member of a couple' rate since people living on their own do not benefit from the economies of pooling their resources and sharing their expenditures with another person.
Most income support pensions and many of the associated allowances are paid at different rates depending on whether the recipient is a member of a couple or not a member of a couple. Typically, the 'not a member of a couple' rate is higher than the 'member of a couple' rate since people living on their own do not benefit from the economies of pooling their resources and sharing their expenditures with another person.
According to Section 5E(2) [31]of the VEA [31]a person is a member of a couple, if they are:
The term “partnered” is also commonly used.
The principal home has the meaning given by subsection 5LA(1) [30] of the VEA and subsection 5LA(2) [30] of the VEA. The principal home of a person is generally the place in which they reside. In certain circumstances, however, the principal home of a person can be the place in which they formerly resided. The following property is regarded as part of the principal home.
The term de facto is commonly used to describe persons living as a couple while not legally married. The term used in the VEA is de facto relationship which is defined in section 11A [30] of VEA.
The Department of Veterans' Affairs.
For the purposes of Part VI of the VEA [30], a reference to a veteran is taken to be a reference to:
For the purposes of Part VII of the VEA [30], according to subsection 5C(1), veteran means a person (including a deceased person):
An illness separated couple is a couple who cannot share a home because of the illness or infirmity of one or both partners. Illness separated couples may be paid the higher single rate of pension. Refer to subsection 5R(5) [30] of the VEA for the full definition.
An approved facility under the Aged Care Act 1997 is one that has been assessed to meet certain standards of care and accommodation.
Note: Nursing homes and nursing home beds that are fully funded by a State Government do not come under the Aged Care Act 1997.
The Department of Veterans' Affairs.
A person is considered to be in a de facto relationship if the person is:
living with another person (their partner) whether of the same sex or a different sex;
not legally married to the partner; and
certain features of that relationship are typical for members of a couple, and
the person and the partner are not within a prohibited relationship
Refer to section 11A [30] of the VEA for the full definition.
Note: A relationship needs to be established for a period of twelve months to be considered a 'de facto relationship' for VCES purposes.
A person's 'partner' is someone who is a member of a couple with that person.
A person is considered to be in a de facto relationship if the person is:
living with another person (their partner) whether of the same sex or a different sex;
not legally married to the partner; and
certain features of that relationship are typical for members of a couple, and
the person and the partner are not within a prohibited relationship
Refer to section 11A [30] of the VEA for the full definition.
Note: A relationship needs to be established for a period of twelve months to be considered a 'de facto relationship' for VCES purposes.
The term member of a couple [4] generally replaces married person in the current VEA.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/15998%23comment-form
[2] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3a-veteran-payment/partners
[3] https://clik.dva.gov.au/book/export/html/15998#tgt-cspol_part9_ftn338
[4] https://clik.dva.gov.au/%23
[5] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[6] https://clik.dva.gov.au/book/export/html/15998#tgt-cspol_part9_ftn339
[7] https://clik.dva.gov.au/book/export/html/15998#tgt-cspol_part9_ftn340
[8] https://clik.dva.gov.au/book/export/html/15998#tgt-cspol_part9_ftn341
[9] https://clik.dva.gov.au/book/export/html/15998#tgt-cspol_part9_ftn342
[10] https://clik.dva.gov.au/book/export/html/15998#tgt-cspol_part9_ftn343
[11] https://clik.dva.gov.au/book/export/html/15998#tgt-cspol_part9_ftn344
[12] https://clik.dva.gov.au/book/export/html/15998#tgt-cspol_part9_ftn345
[13] https://clik.dva.gov.au/book/export/html/15998#tgt-cspol_part9_ftn346
[14] https://clik.dva.gov.au/compensation-and-support-policy-library/part-2-applying-pension/22-proof-identity/222-establishing-proof-identity-or-relationship-veteran/establishing-proof-relationship-veteran
[15] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/93-relationship-status/934-effect-relationship-status-rate
[16] https://clik.dva.gov.au/book/export/html/15998#ref-cspol_part9_ftn338
[17] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/93-relationship-status/932-member-couple
[18] https://clik.dva.gov.au/book/export/html/15998#ref-cspol_part9_ftn339
[19] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/93-relationship-status/933-not-member-couple
[20] https://clik.dva.gov.au/book/export/html/15998#ref-cspol_part9_ftn340
[21] https://clik.dva.gov.au/book/export/html/15998#ref-cspol_part9_ftn341
[22] https://clik.dva.gov.au/compensation-and-support-policy-library/part-2-applying-pension/21-claims/214-assessment-claim/investigation-claim
[23] https://clik.dva.gov.au/book/export/html/15998#ref-cspol_part9_ftn342
[24] https://clik.dva.gov.au/book/export/html/15998#ref-cspol_part9_ftn343
[25] https://clik.dva.gov.au/compensation-and-support-policy-library/part-12-compliance-and-obligations/121-recipient-obligations/1211-overview-recipient-obligations
[26] https://clik.dva.gov.au/book/export/html/15998#ref-cspol_part9_ftn344
[27] https://clik.dva.gov.au/book/export/html/15998#ref-cspol_part9_ftn345
[28] https://clik.dva.gov.au/compensation-and-support-policy-library/part-12-compliance-and-obligations/121-recipient-obligations/1215-failure-meet-obligations
[29] https://clik.dva.gov.au/book/export/html/15998#ref-cspol_part9_ftn346
[30] http://clik.dva.gov.au/legislation-library
[31] http://www.comlaw.gov.au/Series/C2004A03268