Last amended: 1 July 2009
For the purpose of the VEA, two people are regarded as not a member of a couple [3] if:
More ? [4]
A person who is married [3] and separated on the grounds of a breakdown in the marital relationship is referred to as a non-illness separated spouse [3] for the purpose of the VEA. A non-illness separated spouse is defined in section 5E(1) [5] VEA as a person:
More ? [6]
The term not a member of a couple covers all persons who are not covered by the definitions of member of a couple [3].
Non-illness separated spouse is a 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) [11] 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 [3] 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 [11] for the full definition.
According to Section 179 [11]of the VEA [11], the Commission is a body corporate under the name of Repatriation Commission.
A Delegate of the Commission [3] is a decision-maker who has been delegated authority to exercise the Commission's powers for the administration of pensions under the VEA [3].
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 [11] 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 [3] generally replaces married person in the current VEA.
Non-illness separated spouse is a person:
VEA ? [13]
A separated spouse who was legally married to a veteran will have their eligibility for partner service pension limited to 12 months from the date of separation on a permanent basis unless:
Eligibility partner [3] service pension [3] is lost from the date of separation where a spouse enters in to a de facto relationship [3] with another person. Eligibility for partner [3] service pension [3] is also lost on divorce from the veteran [3]
VEA ? [15]
A separated spouse who was legally married to a veteran may retain eligibility for partner service pension if the Commission has made a decision that special domestic circumstances apply. Special domestic circumstances are accepted where:
An unsafe or abusive domestic environment means there was conduct, whether actual or threatened, by the veteran that caused the spouse and/or the spouse's children to fear for their personal well being or safety.
VEA ? [16]
When factors used to determine the existence of a de facto relationship [3] are no longer present, or where two people in a registered relationship are living separately and apart from each other on a permanent basis, the two people should not be regarded as members of a couple.
A de facto partner who separates from the veteran [3] on the grounds of breakdown in their relationship, becomes ineligible to receive partner service pension from DVA [3]. They may be eligible to receive a pension or allowance from Centrelink [3].
More ? [17]
If a widow/widower in receipt of partner service pension separated from the veteran prior to the veteran's death, then they will lose eligibility for partner service pension 12 months from the date of separation unless special domestic circumstances apply or they reach pension age within 12 months of the date of separation.
An additional 14 days after the 12 month period may be allowed before cancellation, consistent with the notification periods under the date of effect rules.
More ? [18]
A person may regain eligibility for partner service pension when there is a reconciliation and the partner [3] returns to live permanently with the veteran [3].
More ? [19]
A person who was granted ISS [3] on the basis of being the partner of an income support [3] pensioner remains eligible for ISS after a non-illness separation. This is because the person continues to meet the primary eligibility criterion of being a war widow/widower [3] and since 1 July 2008, it is no longer necessary to be of qualifying age, have a dependant child, be permanently incapacitated for work, or be the partner of an income support recipient, to be eligible for ISS. However, the person's rate of ISS may change once the assessment is updated to that of a single person .
More ? [20]
For separation of a veteran payment couple refer to Part 3A Veteran Payment - Partners [21].
Eligibility for Partner Service Pension
Section 38(2AB) [5] VEA
Section 38(2AC) [5] VEA
Section 38(2AD) [5] VEA
Section 38(2A) [5] VEA
Veterans' Entitlements (Partner Service Pension — Retention of Eligibility for Non-illness Separated Spouse)
Policy Library –Relationship Separation From a Veteran
3.1.4/Eligibility for Partner Service Pension [28]
Policy Library –Marriage-like or De facto Relationship
9.3.2/Definitions for Member of a Couple Status [31]
3.1.4/Eligibility for Partner Service Pension [28]
Policy Library – Overview of ISS Eligibility
Chapter 3.2 Income Support Supplement (ISS) Eligibility [33]
A person's 'partner' is someone who is a member of a couple with that person.
A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.
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 [11] 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 service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.
For the purposes of Part VI of the VEA [11], a reference to a veteran is taken to be a reference to:
For the purposes of Part VII of the VEA [11], according to subsection 5C(1), veteran means a person (including a deceased 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 [11] 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.
For the purposes of Part VI of the VEA [11], a reference to a veteran is taken to be a reference to:
For the purposes of Part VII of the VEA [11], according to subsection 5C(1), veteran means a person (including a deceased person):
The Department of Veterans' Affairs.
Centrelink is a Government service delivery agency responsible for delivering a range of Commonwealth Government services (including social security pensions and allowances) to the Australian community through a network of more than 400 Centrelink offices.
A person's 'partner' is someone who is a member of a couple with that person.
For the purposes of Part VI of the VEA [11], a reference to a veteran is taken to be a reference to:
For the purposes of Part VII of the VEA [11], according to subsection 5C(1), veteran means a person (including a deceased person):
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.
The DVA program area which administers income support payment [3] claims for means tested [3] pensions or benefits is called income support.
A war widow/widower is generally a person who immediately before their partners death, was the partner of, or was legally married to:
Refer to 5E(1) [35] of the VEA for the full definition.
When a marriage or de facto relationship ceases to exist, the partners in that relationship are treated as not a member of a couple. If a couple claim to be separated they must establish that:
There is no legal definition of separation; however, separation occurs when one or both of the parties to a relationship make the decision to sever or not resume that relation and acts accordingly. Generally, there would be a physical separation as well as an emotional separation between the couple and the delegate would need to consider:
Consideration is given to the extent to which the relationship has broken down taking into account the factors in section 11A [5] VEA, such as:
Last amended: 1 July 2009
Being separated under one roof can occur when a relationship has broken down and the parties have separated on a permanent basis, but continue to share accommodation or resume living at the same address. Each person will need to demonstrate that there has been an irretrievable breakdown in the relationship and provide an explanation for continuing to reside together. A couple in an 'unhappy' relationship or who separate for economic reasons, or who intend to reside together indefinitely are not likely to have grounds for being regarded as separated. There will need to be other extenuating circumstances for a consideration of being 'not a member of a couple' to be made, which may include legal impediments.
The sharing of accommodation may be a temporary or permanent arrangement for a variety of reasons. Consideration is given to the extent to which the relationship has changed in nature from prior to the separation:
Two people will continue to be regarded as members of a couple if the following elements are present when they claim to be separated while living under the same roof:
A pensioner or claimant who does not agree with a decision of a delegate [3] that the person is not considered to be separated has the right to appeal such a decision. Statements from each person are required and they must demonstrate how the relationship has changed in nature from before the separation and detail that there is emotional and physical detachment with little prospect of reconciliation.
More ? [38]
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 [11] 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 Delegate of the Commission [3] is a decision-maker who has been delegated authority to exercise the Commission's powers for the administration of pensions under the VEA [3].
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16038%23comment-form
[2] https://clik.dva.gov.au/user/login?destination=node/16019%23comment-form
[3] https://clik.dva.gov.au/%23
[4] https://clik.dva.gov.au/book/export/html/16038#tgt-cspol_part9_ftn376
[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/16038#tgt-cspol_part9_ftn377
[7] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/93-relationship-status/931-overview-relationship-status
[8] https://clik.dva.gov.au/book/export/html/16038#ref-cspol_part9_ftn376
[9] https://clik.dva.gov.au/book/export/html/16038#ref-cspol_part9_ftn377
[10] http://www.comlaw.gov.au/Series/C2004A03268
[11] http://clik.dva.gov.au/legislation-library
[12] https://clik.dva.gov.au/user/login?destination=node/16062%23comment-form
[13] https://clik.dva.gov.au/book/export/html/16038#tgt-cspol_part9_ftn378
[14] https://clik.dva.gov.au/book/export/html/16038#tgt-cspol_part9_ftn379
[15] https://clik.dva.gov.au/book/export/html/16038#tgt-cspol_part9_ftn380
[16] https://clik.dva.gov.au/book/export/html/16038#tgt-cspol_part9_ftn381
[17] https://clik.dva.gov.au/book/export/html/16038#tgt-cspol_part9_ftn382
[18] https://clik.dva.gov.au/book/export/html/16038#tgt-cspol_part9_ftn383
[19] https://clik.dva.gov.au/book/export/html/16038#tgt-cspol_part9_ftn384
[20] https://clik.dva.gov.au/book/export/html/16038#tgt-cspol_part9_ftn385
[21] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3a-veteran-payment/partners
[22] https://clik.dva.gov.au/book/export/html/16038#ref-cspol_part9_ftn378
[23] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/31-service-pension-eligibility/314-partner-service-pension/eligibility-partner-service-pension-when-separated-veteran
[24] https://clik.dva.gov.au/book/export/html/16038#ref-cspol_part9_ftn379
[25] https://clik.dva.gov.au/legislation-library
[26] https://clik.dva.gov.au/book/export/html/16038#ref-cspol_part9_ftn380
[27] https://clik.dva.gov.au/book/export/html/16038#ref-cspol_part9_ftn381
[28] https://clik.dva.gov.au/node/16873
[29] https://clik.dva.gov.au/book/export/html/16038#ref-cspol_part9_ftn382
[30] https://clik.dva.gov.au/book/export/html/16038#ref-cspol_part9_ftn383
[31] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/93-relationship-status/932-member-couple/definitions-member-couple-status
[32] https://clik.dva.gov.au/book/export/html/16038#ref-cspol_part9_ftn384
[33] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/32-income-support-supplement-iss-eligibility
[34] https://clik.dva.gov.au/book/export/html/16038#ref-cspol_part9_ftn385
[35] http://www.comlaw.gov.au/Details/C2015C00011
[36] https://clik.dva.gov.au/user/login?destination=node/16081%23comment-form
[37] https://clik.dva.gov.au/user/login?destination=node/16085%23comment-form
[38] https://clik.dva.gov.au/book/export/html/16038#tgt-cspol_part9_ftn386
[39] https://clik.dva.gov.au/compensation-and-support-policy-library/part-12-compliance-and-obligations/125-reviews-and-appeals/1252-income-support-and-review-decisions-repatriation-commission
[40] https://clik.dva.gov.au/book/export/html/16038#ref-cspol_part9_ftn386