VEA → [2]
While there are prescribed lodgement periods, the Commission has the discretion to extend the period a person has to lodge their pension bonus claim form due to special circumstances.
Unless the Commission extends the lodgement period [4], the following lodgement periods apply to claiming the pension bonus:
Last bonus period/member's status | Lodgement period |
Last bonus period is a full year period [5]. VEA → [6]
| A 13 week period starting from the end of that last bonus period |
Last bonus period is a part year period [5]. VEA → [7]
| A 13 week period, or a longer period if allowed by Commission, starting from the end of that last bonus period. If Commission allows late lodg — e — ment, the part-year bonus is disregarded in calculating the bonus. |
VEA → [8]
| Starts at the end of the last bonus period and ends at the earlier of:
|
Non-accruing member [5]. VEA → [9]
| Starts from the end of the person's last bonus period and ends 13 weeks after the person ceases to be a non-accruing member. |
Post 70/75 member [5]. VEA → [10]
| A 13 week period starting from the end of their nominated post 70/75 work period. |
Prior to 1 January 2008, the Commission only had the discretion to allow a longer period in which to claim a bonus if the person's last bonus period is a part year period.
The Commission has discretion to accept any late pension bonus scheme (PBS) claim lodged on or after 1 January 2008 providing there was a special reason for late lodgement of the claim. The event that caused the late lodgement of the claim may have occurred prior to 1 January 2008.
The intention of the late claims provisions is to allow acceptance of late claims from members who have not been able to lodge a claim within the time limits due to special circumstances, and not for members who deliberately claim late in order to get a higher bonus. The member should be asked for their reasons for making a late claim for pension bonus and evidence should be provided, where applicable/appropriate.
Care must be taken in assessing late claims from non-accruing members, for example, where a non-accruing member has waited until their partner ceases work before claiming a pension and a pension bonus, in order to receive a larger pension bonus. Deliberate late claims are contrary to the intention to close the pension bonus scheme, and should therefore only be accepted in special circumstances.
Special circumstances may include a PBS member being unaware of the change to the scheme, or where a person is unable to lodge a claim due to being hospitalised for an extended period. Where such special circumstances exist, delegates may decide that late claims may be accepted within a reasonable timeframe. Until 20 September 2010 can be regarded as a reasonable timeframe.
The Commission has the discretion to allow a longer period in which to claim a bonus where it would not have been reasonably practicable for the claim to have been lodged earlier. For example, the member has poor numeracy skills, was ill, was located in a remote area, or performed irregular work that made it difficult for the member to determine the lodgement period. The discretionary nature of the special circumstances provisions makes it impossible to give a precise list of factors that should be taken into account when considering whether the provisions should be applied. There is usually not one factor which makes a situation unusual, unforseen and exceptional, but a combination of factors applying to each individual.
The Commission also has the power to treat a PBS claim lodged after the pension claim as a proper claim in some limited circumstances. A claim for bonus from a registered PBS member maybe taken as being lodged at the same time as the claim for pension if:
More → [12]
DFISA ceased 1 January 2022. This is for historical reference only.
There was no separate DFISA bonus [5] claim. Where a person's pension bonus was reduced (including to nil) because adjusted disability pension [5] reduced their rate of age pension [5], they were automatically entitled to a DFISA bonus from DVA. To access the DFISA bonus, a person must have lodged a claim for the pension bonus.
More → [13]
Legislation Library – Income Support – Pension Bonus
VE-GUIDELINES/2007-Delayed Lodgment of Claims for Pension Bonus [30]
Full year period means a continuous period of 365 days.
Part year period means a continuous period of less than 365 days.
According to subsection 45UL(8) [34] of the VEA, a person is an exempt partnered person at a particular time if, at that time, the person is a member of a couple, and:
A person's 'partner' is someone who is a member of a couple with that person.
Non-accruing membership status is given for a specified time when a person:
Commission may, by Gazettal notice, declare that other kinds of members are non-accruing members.
When a veteran with qualifying service or a war widow eligible to receive income support supplement [5] reaches 70 years of age they become a Post 70 member of the Scheme. For other members, the age is 75 years. Once a person becomes a Post 70/75 member they can no longer accrue any more bonus periods, however, they can continue to work and defer pension as long as they continue to pass the work test [5].
The information below is for historical reference only.
DFISA bonus ceased 1 January 2022 because adjusted disability income became exempt income under the Social Security Act. It was defined in section 5Q(1) of the VEA and was a VEA [5] payment under the former Part VIIAB of the VEA. A person was entitled to the DFISA bonus if their social security pension bonus was reduced because of the inclusion of adjusted DP [5] in the calculation of their age pension [5] rate. The DFISA bonus was the difference between:
On 1 January 2022, both DFISA and the Disability Income Rent Test were removed. Thus the term Adjusted Disability Pension was made redundant. The following is for historical reference only.
Section 118NA of the VEA defined adjusted disability pension as:
Adjusted disability pension did not include war widow's/widower's pension [5], or payments made by other governments to compensate for war or service related injuries.
An age pension is a means tested [5] income support payment [5] paid by Centrelink [5] or DVA [5] on behalf of the Department of Families, Housing, Community Services and Indigenous Affairs. The majority of age pensions are paid through Centrelink. However, eligible veterans [5] who have an accepted disability [5] or receive a Disability Compensation Payment [5] from DVA, but do not have qualifying service [5], may be paid their age pension by DVA. Their partner may also receive their age pension from DVA, if eligible.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16189%23comment-form
[2] https://clik.dva.gov.au/book/export/html/16189#tgt-cspol_part5_ftn246
[3] https://clik.dva.gov.au/book/export/html/16189#tgt-cspol_part5_ftn247
[4] clikpopup://DEF/Lodgment period
[5] https://clik.dva.gov.au/%23
[6] https://clik.dva.gov.au/book/export/html/16189#tgt-cspol_part5_ftn248
[7] https://clik.dva.gov.au/book/export/html/16189#tgt-cspol_part5_ftn249
[8] https://clik.dva.gov.au/book/export/html/16189#tgt-cspol_part5_ftn250
[9] https://clik.dva.gov.au/book/export/html/16189#tgt-cspol_part5_ftn251
[10] https://clik.dva.gov.au/book/export/html/16189#tgt-cspol_part5_ftn252
[11] https://clik.dva.gov.au/book/export/html/16189#tgt-cspol_part5_ftn253
[12] https://clik.dva.gov.au/book/export/html/16189#tgt-cspol_part5_ftn254
[13] https://clik.dva.gov.au/book/export/html/16189#tgt-cspol_part5_ftn255
[14] clik://LEGIS/VEA/section 45UL
[15] https://clik.dva.gov.au/book/export/html/16189#ref-cspol_part5_ftn246
[16] clik://LEGIS/VEA/section 45UL(1A)
[17] https://clik.dva.gov.au/book/export/html/16189#ref-cspol_part5_ftn247
[18] clik://LEGIS/VEA/section 45UL(2)
[19] https://clik.dva.gov.au/book/export/html/16189#ref-cspol_part5_ftn248
[20] clik://LEGIS/VEA/section 45UL(3)
[21] https://clik.dva.gov.au/book/export/html/16189#ref-cspol_part5_ftn249
[22] clik://LEGIS/VEA/section 45UL(5)
[23] https://clik.dva.gov.au/book/export/html/16189#ref-cspol_part5_ftn250
[24] clik://LEGIS/VEA/section 45UL(6)
[25] https://clik.dva.gov.au/book/export/html/16189#ref-cspol_part5_ftn251
[26] clik://LEGIS/VEA/section 45UL(7)
[27] https://clik.dva.gov.au/book/export/html/16189#ref-cspol_part5_ftn252
[28] clik://LEGIS/VEA/section 45UK(5)
[29] https://clik.dva.gov.au/book/export/html/16189#ref-cspol_part5_ftn253
[30] clik://LEGIS/VE-GUIDELINES/2007-Delayed Lodgment of Claims for Pension Bonus
[31] https://clik.dva.gov.au/book/export/html/16189#ref-cspol_part5_ftn254
[32] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/59-defence-force-income-support-allowance-dfisaceased-2022/594-dfisa-bonus-ceased-2022
[33] https://clik.dva.gov.au/book/export/html/16189#ref-cspol_part5_ftn255
[34] http://clik.dva.gov.au/legislation-library
[35] clikpopup://DEF/Partner