Last amended: 19 August 2011
A person and their partner [2] are considered to be a member of a couple if:
VEA ? [5]
A married person [2] is a member of a couple if:
VEA ? [6]
A person is a member of a couple if:
Registered relationships may also be known in particular State and Territories as civil unions, civil partnerships and significant relationships.
The Acts Interpretation (Registered Relationships) Regulations 2008 currently recognises the following relationships under the Victorian, Tasmanian and Australian Capital Territory relationship registers:
VEA ? [7]
A person is considered to be a member of a couple when all of the following conditions are met:
VEA ? [9]
A person in a de facto relationship is to be treated as living with another person during:
if the Commission [2] is of the opinion that they would, but for the absence, have been living together during that period.
VEA ? [10]
The Commission [2] may make a written determination that two people are members of an illness separated couple [2] if the Commission is satisfied that:
VEA ? [12]
The Commission [2] may determine that two people are members of a respite care couple [2] if the Commission is satisfied that:
VEA ? [14]
Where specific criteria are met, the Repatriation Commission [2] may make a written determination that a person who is a member of a couple [2] is not to be treated as a member of a couple [2] for all purposes of the VEA [2].
More ? [15]
A person's sex, for the purpose of the Marriage Act 1961, is determined at the date of marriage. Sex affirmation surgery (also called sex re-assignment surgery) after the date of marriage does not invalidate the marriage. This is because at the date of marriage the couple were a male and a female.
Therefore, a couple who are legally married and not living separately and apart from one another on a permanent or indefinite basis, can continue to be regarded as legally married, despite one of the members of the couple having undergone sex affirmation surgery.
Policy Library – Member of a Couple
9.3.2/De facto relationship [20]
9.3.2/Factors Considered to Assess a De facto Relationship Exists [21]
Policy Library – Member of a Couple
9.3.2/Regarding a Member of a Couple as Not a Member of a Couple [30]
A person's 'partner' is someone who is a member of a couple with that person.
The term member of a couple [2] generally replaces married person in the current VEA.
A relationship (whether of the same sex or a different sex) that is registered under certain prescribed State or Territory laws that provide for registration of relationships (currently Victoria, Tasmania and the Australian Capital Territory). Registered relationships may also be known in some State and Territories as civil unions, civil partnerships and significant relationships.
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 [32] 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.
Two people are within a prohibited relationship as defined in section 5E(6) [32] of the VEA if the person is:
(a) an ancestor or a descendant of the other person; or
(b) a brother, sister, half-brother or half-sister of the partner.
For this definition, an adopted child is taken to be a natural child but the tracing rule as described in 5Q(5) does not apply.
According to Section 179 [32]of the VEA [32], the Commission is a body corporate under the name of Repatriation Commission.
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) [32] 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 [32] for the full definition.
The term member of a couple [2] generally replaces married person in the current VEA.
A person's 'partner' is someone who is a member of a couple with that person.
According to Section 179 [32]of the VEA [32], the Commission is a body corporate under the name of Repatriation Commission.
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 [32] 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.
Two people are within a prohibited relationship as defined in section 5E(6) [32] of the VEA if the person is:
(a) an ancestor or a descendant of the other person; or
(b) a brother, sister, half-brother or half-sister of the partner.
For this definition, an adopted child is taken to be a natural child but the tracing rule as described in 5Q(5) does not apply.
According to Section 179 [32]of the VEA [32], the Commission is a body corporate under the name of Repatriation Commission.
According to Section 179 [32]of the VEA [32], the Commission is a body corporate under the name of Repatriation Commission.
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) [32] of the VEA for the full definition.
According to Section 5E(2) [33]of the VEA [33]a person is a member of a couple, if they are:
The term “partnered” is also commonly used.
According to Section 179 [32]of the VEA [32], the Commission is a body corporate under the name of Repatriation Commission.
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 [32] for the full definition.
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 [32].
According to Section 179 [32]of the VEA [32], the Commission is a body corporate under the name of Repatriation Commission.
According to Section 5E(2) [33]of the VEA [33]a person is a member of a couple, if they are:
The term “partnered” is also commonly used.
According to Section 5E(2) [33]of the VEA [33]a person is a member of a couple, if they are:
The term “partnered” is also commonly used.
Veterans' Entitlements Act 1986.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16100%23comment-form
[2] https://clik.dva.gov.au/%23
[3] clikpopup://DEF/Prohibited relationship
[4] clikpopup://DEF/Respite care couple
[5] https://clik.dva.gov.au/book/export/html/16100#tgt-cspol_part9_ftn347
[6] https://clik.dva.gov.au/book/export/html/16100#tgt-cspol_part9_ftn348
[7] https://clik.dva.gov.au/book/export/html/16100#tgt-cspol_part9_ftn349
[8] https://clik.dva.gov.au/book/export/html/16100#tgt-cspol_part9_ftn350
[9] https://clik.dva.gov.au/book/export/html/16100#tgt-cspol_part9_ftn351
[10] https://clik.dva.gov.au/book/export/html/16100#tgt-cspol_part9_ftn352
[11] https://clik.dva.gov.au/book/export/html/16100#tgt-cspol_part9_ftn353
[12] https://clik.dva.gov.au/book/export/html/16100#tgt-cspol_part9_ftn354
[13] https://clik.dva.gov.au/book/export/html/16100#tgt-cspol_part9_ftn355
[14] https://clik.dva.gov.au/book/export/html/16100#tgt-cspol_part9_ftn356
[15] https://clik.dva.gov.au/book/export/html/16100#tgt-cspol_part9_ftn357
[16] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[17] https://clik.dva.gov.au/book/export/html/16100#ref-cspol_part9_ftn347
[18] https://clik.dva.gov.au/book/export/html/16100#ref-cspol_part9_ftn348
[19] https://clik.dva.gov.au/book/export/html/16100#ref-cspol_part9_ftn349
[20] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/93-relationship-status/932-member-couple/de-facto-relationship
[21] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/93-relationship-status/932-member-couple/factors-considered-assess-de-facto-relationship-exists
[22] https://clik.dva.gov.au/book/export/html/16100#ref-cspol_part9_ftn350
[23] https://clik.dva.gov.au/book/export/html/16100#ref-cspol_part9_ftn351
[24] https://clik.dva.gov.au/book/export/html/16100#ref-cspol_part9_ftn352
[25] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/93-relationship-status/932-member-couple/illness-separated-and-respite-care-couple
[26] https://clik.dva.gov.au/book/export/html/16100#ref-cspol_part9_ftn353
[27] https://clik.dva.gov.au/book/export/html/16100#ref-cspol_part9_ftn354
[28] https://clik.dva.gov.au/book/export/html/16100#ref-cspol_part9_ftn355
[29] https://clik.dva.gov.au/book/export/html/16100#ref-cspol_part9_ftn356
[30] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/93-relationship-status/932-member-couple/regarding-member-couple-not-member-couple
[31] https://clik.dva.gov.au/book/export/html/16100#ref-cspol_part9_ftn357
[32] http://clik.dva.gov.au/legislation-library
[33] http://www.comlaw.gov.au/Series/C2004A03268