Definitions for Not a Member of a Couple Status

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].