This section outlines the types of claims that can be made under the VEA and the requirements for these claims.
There are several types of claims, which can be lodged. These claim types are:
Claims for a broad range of income support and veterans' compensation allowances and benefits can also be lodged.
More → [12]
Range of income support and veterans' compensation allowances and benefits available
Part 5 Income Support Allowances & Benefits [30]
Part 6 Compensation Allowances & Benefits [31]
VEA?
Last amended: 05 October 2007
VEA?
A claim for a qualifying service determination may be made by:
More ? [34]
A proper claim must be lodged before a decision can be made regarding qualifying service.
In order to identify a claimant and/or the relationship of the claimant to the veteran, a proof of identity check must be made on all new claims.
More ? [35]
There are several reasons for a person to make a claim for qualifying service, prior to claiming service pension. These reasons include:
If the Commission determines that a person has qualifying service, any subsequent claims for pension or benefit made by that person would not require re-investigation of their qualifying service.
More ? [36]
Service pension or income support supplement claims
2.1.2/Service Pension and Income Support Supplement Claims [42]
Last amended: 10 May 2011
VEA ? [45]
VEA ? [46]
A claim for service pension or income support supplement (ISS) must be made by:
To claim an invalidity service pension, a veteran who wants to be granted such a pension must not yet have reached pension age.
More ? [47]
In order to identify a claimant and/or the relationship of the claimant to the veteran, a proof of identity check must be made on all new claims.
More ? [48]
VEA?
There are only two types of claimants not required to lodge a claim for income support supplement, these are:
When a claimant has indicated on a claim for pension by a war widow/widower or other dependant of a deceased veteran form that they wish to claim for the ISS in addition to war widow's pension, this may be considered as a proper claim for ISS under section 45I [49] of the VEA. The formal ISS claim form D0529 Claim for Income Support Supplement is not separately required where the delegate is satisfied that the information necessary to determine ISS eligibility is available through the WWP claim form.
If the claimant is not currently receiving an income support payment from DVA or Centrelink, then the claimant will need to provide their income and assets details.
If the claimant is currently receiving an income support payment from DVA or Centrelink, then the current income and assets details recorded should be checked by the delegate to determine whether new income and assets details need to updated by the claimant.
Additional forms must still be lodged for invalidity ISS to assist in establishing whether the war widow/widower meets the permanent incapacity criteria, when the claimant has advised they are claiming ISS on the basis of invalidity.
If a claimant is exempt from lodging a claim, an automatic grant of income support supplement, can be made if the person has become eligible for:
A claim must still be lodged for invalidity ISS to assist in establishing whether the war widow/widower meets the [glossary:permanent incapacity:] [glossary:(for the purpose of invalidity:] [50] [glossary:I:] — [glossary:SS:][glossary:):] [51] criteria.
A claim for ISS which is lodged by an eligible person who was receiving a social security benefit or pension that was cancelled on grant of a war widow's/widower's pension may have their determination backdated to the start date for the war widow's/widower's pension.
Situations may arise where a person or their partner who is already receiving a pension or benefit with DVA, may become entitled to receive another type of pension. The following table demonstrates when a person should be invited to lodge a claim for a pension.
More ? [52]
If... | And the partner... | Then the partner should be invited to claim for... |
a service pension recipient is assessed under the income test and is granted a disability compensation payment | is in receipt of a pension from Centrelink. | partner service pension. |
the partner of a veteran is in receipt of partner service pension | is also a veteran who has rendered qualifying service | age service pension on reaching pension age |
If a person seeking to lodge a claim for service pension or ISS is over pension or qualifying age and has (or their partner has) continued to work, they may be eligible to register for the pension bonus scheme. In such a case the claimant should be told that they may be entitled to register for the scheme. If they meet the criteria for late registration, they should be offered the opportunity to do so, before the claim for service pension or ISS is finally determined (although the qualifying service determination (if required) can proceed). Alternatively, they should be advised to weigh up the pros and cons of proceeding with the claim in question so they can maximise the financial advantage.
More ? [53]
In cases where the claimant has not reached pension age and is working, the pension bonus scheme should be explained, so that the person may make an informed choice about whether to proceed with the claim, or to register for the scheme once they reach qualifying age and continue working.
More ? [54]
If a claimant for service pension or ISS indicates that they have registered for the pension bonus scheme with Centrelink or with DVA, they must be advised to claim the bonus from DVA concurrently, or, if registered with Centrelink, to contact Centrelink about their bonus before proceeding with their claim. This is because, once a person starts to receive the pension, they are no longer eligible for the bonus.
More ? [55]
In the case of both service pension and income support supplement, a person must be an Australian resident and in Australia to lodge a claim. This requirement is relaxed for certain people who are already in receipt of certain pensions whilst overseas.
More ? [56]
VEA ? [57]
A claimant for service pension or income support supplement may be entitled to travelling expenses related to their attendance at either a meeting requested by the Commission, a medical examination or medical investigation related to the claim.
Part III, Division 3, Subdivision B [58] VEA - Age service pension claims
Part III, Division 4, Subdivision B [58] VEA - Invalidity service pension claims
Part III, Division 5, Subdivision B [58] VEA - Partner service pension claims
Part IIIA, Division 2 [58] VEA - Income support supplement claims
Section 36E [49] VEA - Age service pension
Section 37E [49] VEA - Invalidity service pension
Section 38E [49] VEA - Partner service pension
Section 45J [49] VEA - Income support supplement
VEA→
VEA→
A claim for Disability Compensation Payment may be lodged by:
In order to identify a claimant a proof of identity check must be made on all new claims.
More → [76]
A claim for Disability Compensation Payment requires investigation of the claimant's medical condition and service record. The claimant is required to do the following:
The claimant may also be required to provide other evidence to support the claim on request such as:
VEA→
VEA→
A veteran who is receiving a Disability Compensation Payment as compensation for an incapacity may apply for an increase in the rate of pension on the grounds that the incapacity has increased since the rate of pension was assessed, or last assessed.
More → [83]
VEA→
An application for an increase in Disability Compensation Payment may be lodged by:
An applicant for an increase in Disability Compensation Payment must provide the following information with their claim:
Last amended: June 2022
A claim for war widow(er)'s pension or orphan's pension can be made by a:
A claim for orphan's pension for a child under 18 years of age must be made by:
Multiple dependant relationships
A veteran may have more than one person as a ‘widow’ or dependent spouse for the purposes of a war widow's/widower's pension. This is due to the operation of sections 11 and 11A. The Report of the Review on Veterans’ Entitlements 2003 [89] (Clarke report) acknowledged that multiple dependent relationships may exist where a person is married to but separated from a veteran, and that veteran was living in another marriage-like relationship at the time of their death. This has also been considered in Tribunals, but again, these cases only considered a separated married partner and another relationship (see Wharton and Repatriation Commission [90] (4 March 1997), and in particular at [11] where the Tribunal found that s11 clearly ‘makes provisions for more than one person being entitled to a pension’ ).
Generally, while a veteran may form multiple partnered relationships that meet the definition of dependency under s11 of the VEA, careful consideration would need to be given in situations where a veteran’s relationships include multiple defacto partners. The nature of defacto relationships is set out in s11A and requires a level of dependency, commitment and cohabitation that would be hard to be established in more than one relationship. In the same vein, where an applicant to the war widow's/widower's pension is found to be residing in Australia on a temporary basis (such as those on tourist visas) then Delegates must carefully consider whether the criteria of dependency can be adequately satisfied given the transient and provisional nature of the applicant’s living arrangements in Australia.
Claimants for war widow(er)'s pension or orphan's pension may have to provide proof of their relationship with the deceased veteran.
More [92]
A claim for war widow(er)'s or orphan's pension will require investigation of the veteran's medical condition prior to death and their service record. The claim should include the following information:
Death Certificates
Generally, in order for a determination to be made regarding a bereaved family’s eligibility for compensation, there must be sufficient evidence to:
In most cases, a death certificate must be supplied to satisfy these requirements.
However, in some very specific circumstances involving significant delays in the availablility of a death certificate, a claim may be determined using alternative evidence. These circumstances are set out here [93].
A war widow(er) or orphan will be automatically granted pension if:
In such a situation, war widow(er)'s or orphan's pension will be granted without an application being lodged or a determination being madeand the pension is payable from and including the day after the veteran died. Where a veteran has died as a result of a disability already accepted as being caused by war or eligible defence service, the death will be determined to be war or defence caused. In these circumstances a claim for pension still needs to be lodged with the Department.
More [97]
Establishing proof or a relationship to a deceased veteran
Section 2.2.2 Establishing Proof of Identity or Relationship to a Veteran [98]
Increased rates of Disability Compensation Payment for amputees
Chapter 4.1 Disability Compensation Payment Eligibility [23]
Exemptions from the requirement to lodge a claim
2.1.2/Service Pension and Income Support Supplement Claims [42]
Where access to a death certificate is delayed due to the involvement of the Coroner
See Claims Awaiting Coroner's Findings [93]
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16599%23comment-form
[2] https://clik.dva.gov.au/user/login?destination=node/16618%23comment-form
[3] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn6
[4] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn7
[5] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn8
[6] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn9
[7] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn10
[8] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn11
[9] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn12
[10] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn13
[11] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn14
[12] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn15
[13] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements/12-service-types
[14] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn6
[15] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/31-service-pension-eligibility/312-age-service-pension
[16] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn7
[17] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/31-service-pension-eligibility/313-invalidity-service-pension
[18] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn8
[19] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/31-service-pension-eligibility/314-partner-service-pension
[20] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn9
[21] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/32-income-support-supplement-iss-eligibility
[22] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn10
[23] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/41-disability-compensation-payment-eligibility
[24] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn11
[25] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn12
[26] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/42-war-widowswidowers-pension-eligibility
[27] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn13
[28] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/43-orphans-pension-eligibility
[29] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn14
[30] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits
[31] https://clik.dva.gov.au/compensation-and-support-policy-library/part-6-veterans-compensation-allowances-and-benefits
[32] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn15
[33] https://clik.dva.gov.au/user/login?destination=node/16612%23comment-form
[34] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn16
[35] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn17
[36] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn18
[37] https://clik.dva.gov.au/compensation-and-support-policy-library/part-2-applying-pension/21-claims/213-lodging-or-withdrawing-claims/lodgement-claim
[38] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements/12-service-types/121-qualifying-service
[39] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn16
[40] https://clik.dva.gov.au/compensation-and-support-policy-library/part-2-applying-pension/22-proof-identity
[41] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn17
[42] https://clik.dva.gov.au/compensation-and-support-policy-library/part-2-applying-pension/21-claims/212-types-claims/service-pension-and-income-support-supplement-claims
[43] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn18
[44] https://clik.dva.gov.au/user/login?destination=node/16621%23comment-form
[45] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn19
[46] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn20
[47] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn21
[48] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn22
[49] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[50] clikpopup://DEF/Permanent incapacity/permanently incapacitated
[51] clikpopup://DEF/Income support supplement/ISS
[52] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn23
[53] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn24
[54] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn25
[55] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn26
[56] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn27
[57] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn28
[58] https://clik.dva.gov.au/legislation-library
[59] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn19
[60] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn20
[61] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn21
[62] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn22
[63] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn23
[64] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/56-pension-bonus-scheme/564-membership-requirements
[65] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn24
[66] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/56-pension-bonus-scheme/563-registration-member-scheme
[67] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn25
[68] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/56-pension-bonus-scheme/562-eligibility-participation-scheme/basic-eligibility-requirements-pension-bonus-scheme
[69] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn26
[70] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/35-residency/352-periods-residency
[71] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/35-residency/353-persons-not-residing-australia
[72] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn27
[73] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn28
[74] https://clik.dva.gov.au/user/login?destination=node/16625%23comment-form
[75] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn29
[76] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn30
[77] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn31
[78] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn29
[79] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn30
[80] https://clik.dva.gov.au/compensation-and-support-policy-library/part-2-applying-pension/21-claims/214-assessment-claim/investigation-claim
[81] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn31
[82] https://clik.dva.gov.au/user/login?destination=node/16631%23comment-form
[83] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn32
[84] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn33
[85] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn32
[86] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/98-guide-assessment-rates-veterans-pensions-garp
[87] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn33
[88] https://clik.dva.gov.au/user/login?destination=node/16616%23comment-form
[89] https://www.dva.gov.au/sites/default/files/files/consultation%20and%20grants/reviews/clark/ch19_22.pdf
[90] http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/AATA/1997/63.html?context=1;query=wharton
[91] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn34
[92] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn35
[93] https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-7-compensation-death/719-claims-awaiting-coroners-findings
[94] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn36
[95] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn37
[96] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn38
[97] https://clik.dva.gov.au/book/export/html/16599#tgt-cspol_part2_ftn39
[98] https://clik.dva.gov.au/compensation-and-support-policy-library/part-2-applying-pension/22-proof-identity/222-establishing-proof-identity-or-relationship-veteran
[99] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn35
[100] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn36
[101] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn37
[102] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn38
[103] https://clik.dva.gov.au/book/export/html/16599#ref-cspol_part2_ftn39