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Definitions for Not a Member of a Couple Status

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Last amended: 1 July 2009

Definition of not a member of a couple

For the purpose of the VEA, two people are regarded as not a member of a couple [2] if:    

More ? [3]

  • they are divorced,
  • they are non-illness separated spouses [2], that is, they are legally married but living separately and apart on a permanent basis and not an illness separated couple [2] or a respite care couple [2] under section 5R(5) [4] VEA or section 5R(6) [4] VEA,
  • the Commission [2] has made a decision under section 5R(3) [4] VEA that they are not members of a couple, or
  • a delegate [2] of the Commission has determined that a de facto relationship [2] does not exist.
Definition of non-illness separated spouse

A person who is married [2] and separated on the grounds of a breakdown in the marital relationship is referred to as a non-illness separated spouse [2] for the purpose of the VEA. A non-illness separated spouse is defined in section 5E(1) [4] VEA as a person:    

More ? [5]

  • who is legally married to another person but is living separately and apart from that other person on a permanent basis, and
  • whose separation has not resulted in a direction under section 5R(5) [4] VEA.


Policy Library – Not a Member of a Couple

Section 9.3.1 [6]

More ? (go back) [7]

Policy Library –Member of a Couple

Section 9.3.1 [6]

More ? (go back) [8]

The term not a member of a couple covers all persons who are not covered by the definitions of member of a couple [2].

 

 

Non-illness separated spouse is a person:

  • who is legally married to another person but living separately and apart from that other person on a permanent basis, and
  • whose separation has not resulted in a determination under subsection 5R(5) of VEA [9].

 

 

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) [10] of the VEA for the full definition.

 

 

A respite care couple is a couple who Commission has determined are separated because one person has entered respite care [2] in a nursing home or hostel to give the other member of the couple a temporary break from caring for that person.

Members of a respite care couple are entitled to be paid the single rate of pension.

Refer to subsection 5R(6) of the VEA [10] for the full definition.

 

 

According to Section 179 [10]of the VEA [10], the Commission is a body corporate under the name of Repatriation Commission.

 

 

A Delegate of the Commission [2]  is a decision-maker who has been delegated authority to exercise the Commission's powers for the administration of pensions under the VEA [2].

 

 

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 [10] 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 [2] generally replaces married person in the current VEA.

 

Non-illness separated spouse is a person:

  • who is legally married to another person but living separately and apart from that other person on a permanent basis, and
  • whose separation has not resulted in a determination under subsection 5R(5) of VEA [9].

 

 


Source URL (modified on 20/10/2014 - 3:25pm): https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/93-relationship-status/933-not-member-couple/definitions-not-member-couple-status

Links
[1] https://clik.dva.gov.au/user/login?destination=node/16019%23comment-form
[2] https://clik.dva.gov.au/%23
[3] https://clik.dva.gov.au/book/export/html/16019#tgt-cspol_part9_ftn376
[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/16019#tgt-cspol_part9_ftn377
[6] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/93-relationship-status/931-overview-relationship-status
[7] https://clik.dva.gov.au/book/export/html/16019#ref-cspol_part9_ftn376
[8] https://clik.dva.gov.au/book/export/html/16019#ref-cspol_part9_ftn377
[9] http://www.comlaw.gov.au/Series/C2004A03268
[10] http://clik.dva.gov.au/legislation-library