"All allowances are constantly under review. The information contained in the Consolidated Library of Information and Knowledge (CLIK) does not replace legislation and any relevant decisions that have been determined by the courts. No person should rely on the contents of CLIK without first obtaining advice from a qualified professional person."
These policy guidelines are provided for use by DVA staff making decisions under the Vehicle Assistance Scheme (VAS). DVA staff must use these guidelines together with section 105 of the VEA [2] and the VAS instrument [3].
If at anytime a DVA staff member has concerns about whether the conditions of the scheme have been met, they have the discretion to ask for evidence from the client. The conditions of the scheme can be found in the VAS instrument.
What is the VAS?
The VAS provides eligible veterans with motor vehicles and with any necessary modifications or driving devices for vehicles. The VAS also provides replacement vehicles and an allowance for running and maintenance costs.
There are several factors which must be considered when determining a veteran’s eligibility for participation in the Vehicle Assistance Scheme (VAS). The first consideration is whether the veteran satisfies one of the categories of disability under subsection 105(5) of the VEA [5]. The second is whether the veteran will derive benefit from assistance under the VAS.
Under subsection 105(5) of the VEA, [5] a veteran[1] is eligible to participate in the VAS if they are incapacitated from war-caused injury or war-caused disease due to:
Note: Under the VAS a leg that is wholly or permanently useless above the knee is treated as an amputation above the knee.
Delegates should seek the opinion of the Departmental Medical Officer when considering whether a condition can be regarded as being similar in effect or severity to an amputation or complete paraplegia.
To be eligible for an initial or replacement vehicle, the veteran must be capable of deriving benefit from assistance under the VAS. The criteria to be used to determine if a veteran will derive benefit depends on the type of grant the veteran is seeking (initial or replacement) and whether the veteran can drive the vehicle. The various criteria to determine a veteran’s capacity to derive benefit can be found under Part 3 of the VAS instrument [6]and are summarised below.
A veteran who can drive
A veteran who can drive and is seeking an initial or replacement vehicle:
The VAS delegate must request evidence that the veteran has a current valid driver’s licence before the VAS vehicle can be approved.
It is important that if the veteran is frail or unwell, and therefore likely to be unable to drive in the foreseeable future, that a driver trained OT assessment is conducted. This will enable evidence to be gathered about issues relating to the veteran's ability to continue to derive benefit from participating in the scheme.
A veteran who cannot drive
A veteran who cannot drive and is seeking an initial vehicle can be regarded as being able to derive benefit only if:
If the VAS vehicle is a replacement vehicle, there is no requirement that the veteran will continue to be able to be regularly transported in the vehicle. However, the delegate must be satisfied that the partner or carer is willing and able to drive the vehicle and will regularly drive the motor vehicle to visit the eligible veteran at the veteran's permanent or temporary place of residence.
It is vital, in this context, that a VAS delegate is able to be satisfied, not only that a vehicle provided through VAS is appropriate and manageable for the veteran's partner or carer, but that it is a vehicle that they will be willing and able to drive into the future.
For example: a veteran is in poor health and is going through the process of being assessed for residential aged care. The client's partner has a preference for a smaller vehicle than the veteran. A driver trained OT assessment confirms that the veteran can be transported in safety and reasonable comfort in a smaller vehicle in the foreseeable future. The OT recommends a vehicle that the veteran's partner is willing to drive once the veteran is no longer able to live independently, or able to be transported in the vehicle. It is important in this instance that the delegate is satisfied that the intention of the VAS will be met, and the veteran will be able to derive benefit from the VAS vehicle.
The VAS delegate must request evidence that the carer or partner has a current valid driver’s licence before the VAS vehicle can be approved.
After the eligibility requirements have been satisfied, the specific conditions related to the specific type of grant (initial vehicle, replacement vehicle or driving devices and modifications) should be considered.
[1] For the purposes of Part VI of the VEA, a reference to a veteran is taken to be a reference to:
For the purposes of Part VII of the VEA, according to subsection 5C(1), veteran means a person (including a deceased person):
There are a number of specific conditions under Part 4 of the VAS instrument [3] relating to initial vehicle grants. Conditions include the requirement that the veteran registers and comprehensively insures the vehicle. Delegates must seek documentary evidence of registration and insurance arrangements.
1. Does the vehicle meet all of the following requirements?
2. What are the client’s responsibilities after a vehicle has been provided?
* Notes:
1. The name on the registration and insurance documentation must match the name of the veteran to whom the financial assistance under the VAS is granted.
2. The insurance may be taken out in the name of the veteran and the partner or carer, but the name of the veteran to whom the financial assistance under the VAS must appear on the insurance certification.
3. What amount of grant can be provided?
4. Direct payment to the supplying dealer
The amount of the grant is to be paid directly to the supplying dealer.
5. Initial vehicles and trade-ins
A veteran is not required to trade-in or sell their privately purchased vehicle to receive an initial vehicle under the VAS.
Veterans should be advised that if they do not want to keep their privately purchased vehicle as well as their initial VAS vehicle, they must take independent steps to sell or transfer their privately purchased vehicle, and not to use it as a trade-in for the initial VAS vehicle.
This is in contrast with the replacement grant process, which requires a veteran to trade-in their VAS vehicle to be eligible for a replacement VAS vehicle.
VAS delegates should note that veterans are unlikely to be familiar with the terminology of the VAS regarding initial versus replacement vehicles. If a veteran owns a privately purchased vehicle prior to being given an initial VAS vehicle grant, they may describe their application for an initial vehicle as an application for a replacement vehicle. Delegates should clarify whether a client is applying for an initial or replacement vehicle grant before giving advice on trade-in requirements.
There are a number of specific conditions under Part 6 of the VAS instrument [3] relating to replacement motor vehicle grants. Conditions include the requirement that the veteran registers and comprehensively insures the vehicle. Delegates must seek documentary evidence of registration and insurance arrangements.
1. Is the client eligible for a replacement?
All veterans who have received an initial VAS vehicle are eligible for a replacement vehicle grant. The only exception is where a veteran has received a motor vehicle under any other law or contract after receiving their initial VAS vehicle.
2. Has the required replacement period been reached?
A replacement grant may be issued two years following provision of an initial or replacement motor vehicle grant under the VAS.
3. What are the client’s responsibilities?
Prior to the provision of the grant the veteran must:
The full-trade-in value or sale price must then be offset against the cost of the replacement VAS vehicle.
After the provision of the grant the veteran must, provide
* Note: The insurance may be taken out in the name of the veteran and the partner or carer, but the name of the veteran to whom the financial assistance under the VAS must appear on the insurance certification.
4. What amount of grant can be provided?
5. Direct payment to the supplying dealer
The amount of the grant is to be paid directly to the supplying dealer.
Driving devices and modifications grants are issued for the modification of VAS vehicles. In specific circumstances, driving lessons may be approved (refer to the end of this section for further information).
When determining whether to approve a driving devices and modifications grant, a number of issues must be considered as outlined in Part 6 of the VAS instrument [3]. These issues include:
1. Are the proposed driving devices and modifications necessary to enable the veteran to drive safely, or be transported safely, in reasonable comfort?
In order to receive a driving devices and modifications grant, the proposed driving devices and modifications must be necessary to enable the veteran to drive safely or be transported safely in the vehicle, in reasonable comfort.
This requirement can only be satisfied if the vehicle has been assessed, and the modifications have been recommended, by a Driver Trained Occupational Therapist (OT).
2. What amount of grant can be provided?
The amount of a driving devices and modifications grant is an amount the Commission considers reasonable, in all the circumstances, having regard to all relevant matters. Matters which may be considered relevant are listed under s6.1.2 of the VAS instrument and are summarised below:
3. Requirement for three quotes
The VAS delegate can only give due consideration to the matters under s6.1.2 of the VAS instrument after three quotes for the recommended modifications have been obtained from three independent and authorised vehicle modifiers.
4. Choice of dealer
The choice of dealer will ultimately be determined by the delegate, after consideration of the factors under s6.1.2 of the VAS instrument and three independent quotes have been obtained from independent and authorised vehicle modifiers.
5. Direct payment to the supplying dealer
The amount of the grant is to be paid directly to the supplying dealer who will be fitting the driving devices and modifications.
6. What are the client’s responsibilities?
The veteran must provide to the VAS contact person or the VAS delegate:
*Note: The insurance may be taken out in the name of the veteran and the partner or carer, but the name of the veteran to whom the financial assistance under the VAS must appear on the insurance certification.
Driving lessons
Driving lessons may be approved where a Driver Trained OT:
Where these conditions are met, funding for lessons can be provided as part of the devices and modifications grant.
An annual running and maintenance allowance may be provided to an eligible veteran who has been provided with an initial or replacement vehicle under the Vehicle Assistance Scheme (VAS). The purpose of the allowance is to assist with the cost of vehicle registration, insurance and other incidental costs related to VAS vehicles.
1. What are the client’s responsibilities?
Under s5.1.3(a) of the VAS instrument [3], clients are responsible for providing the following documents to the Department each year before the running and maintenance allowance can be paid:
If requested, the veteran must also provide a payment summary or receipt showing that the running and maintenance allowance was spent on vehicle registration, insurance costs and/or other incidental costs relating to the running and maintenance of a VAS vehicle.
2. What is the rate of the allowance?
The running and maintenance allowance is paid annually in advance, and is equal to 26 times the current rate of Recreation Transport Allowance
The rates of both the Recreation Transport Allowance and the VAS running and maintenance allowance are available on the DVA Website [12].
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16580%23comment-form
[2] http://www.comlaw.gov.au/Series/C2004A03268
[3] https://www.comlaw.gov.au/Details/F2015L00068
[4] https://clik.dva.gov.au/user/login?destination=node/78643%23comment-form
[5] https://www.legislation.gov.au/Series/C2004A03268
[6] https://www.legislation.gov.au/Series/F2015L00068
[7] https://clik.dva.gov.au/tags/motor-vehicles
[8] https://clik.dva.gov.au/user/login?destination=node/78646%23comment-form
[9] https://clik.dva.gov.au/user/login?destination=node/78647%23comment-form
[10] https://clik.dva.gov.au/user/login?destination=node/78648%23comment-form
[11] https://clik.dva.gov.au/user/login?destination=node/78649%23comment-form
[12] https://www.dva.gov.au/get-support/financial-support/payment-rates/rates-disability-compensation-payment-and-war-widowers