VEA → [2]
A person may appeal against the following decisions to the VRB [3]:
Aspects of a decision on a claim for Disability Compensation Payment that may be reviewed are:
If unhappy with VRB decision a claimant or applicant may then appeal to the AAT [3].
More → [7]
VEA → [8]
After application to the VRB is made, the Commission [3] may exercise its discretion to review its decision under s31 [9] of the VEA, and may:
In such a case, the person may request that the VRB review the:
The Veterans' Review Board is an independent statutory authority that has the power to review decisions made by the Repatriation Commision [3] for the Disability Compensation Payment [3], war widow's/widower's pension [3], orphan's pension [3] and attendant allowance.
Disability compensation payment (known before 2022 as disability pension), for the purposes of service pension, income support supplement and veteran payment, means:
Please note that the Disability Compensation Payment is legally a pension by way of compensation under the VEA so that concessional benefits under state, territory and local government legislation to pensioners/pensions under the VEA are not denied.
A form of pension that is paid to the partner of a veteran where the veteran has died as a result of war service or eligible Defence Service [3]. War widow's/widower's pension is also paid to the partner of a veteran whose death was not war caused if the veteran was a ex-prisoner of war or if the veteran was receiving Extreme Disablement Adjustment (EDA) Rate [3], Special Rate (T&PI) [3] or a rate increased in respect of certain war-caused injury or disease.
A dependant of a veteran (including a deceased veteran) is:
The purpose of attendant allowance is to assist eligible Veterans [20], Members of the Forces [21], or a Member of a Peacekeeping Force [22]with the cost of an attendant to help with such things as feeding, bathing, dressing and other activities of daily living. The allowance is paid to the veteran and not the attendant.
To be eligible for attendant allowance the person must be in receipt of a Disability Compensation Payment [3] for Incapacity [23]for a war-caused or defence-caused injury or Disease [24]that severely affects a persons' ability to care for themselves. Attendant allowance is payable at a higher or a lower rate depending on the type of Injury [25]or disease accepted under the Veterans' Entitlements Act.
Disability compensation payment (known before 2022 as disability pension), for the purposes of service pension, income support supplement and veteran payment, means:
Please note that the Disability Compensation Payment is legally a pension by way of compensation under the VEA so that concessional benefits under state, territory and local government legislation to pensioners/pensions under the VEA are not denied.
Veterans' Entitlements Act 1986.
For the purposes of Part VI of the VEA [26], a reference to a veteran is taken to be a reference to:
For the purposes of Part VII of the VEA [26], according to subsection 5C(1), veteran means a person (including a deceased person):
Administrative Appeals Tribunal.
According to Section 179 [26]of the VEA [26], the Commission is a body corporate under the name of Repatriation Commission.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16722%23comment-form
[2] https://clik.dva.gov.au/book/export/html/16722#tgt-cspol_part12_ftn141
[3] https://clik.dva.gov.au/%23
[4] clikpopup://DEF/Dependant
[5] clikpopup://DEF/Disability Pension
[6] clik://LEGIS/VEA/section 31(6)
[7] https://clik.dva.gov.au/book/export/html/16722#tgt-cspol_part12_ftn142
[8] https://clik.dva.gov.au/book/export/html/16722#tgt-cspol_part12_ftn143
[9] clik://LEGIS/VEA/section 31
[10] https://clik.dva.gov.au/book/export/html/16722#tgt-cspol_part12_ftn144
[11] clik://LEGIS/VEA/section 135
[12] https://clik.dva.gov.au/book/export/html/16722#ref-cspol_part12_ftn141
[13] https://clik.dva.gov.au/compensation-and-support-policy-library/part-12-compliance-and-obligations/125-reviews-and-appeals/1253-review-administrative-appeals-tribunal-aat-income-support-matters
[14] https://clik.dva.gov.au/book/export/html/16722#ref-cspol_part12_ftn142
[15] http://www.vrb.gov.au
[16] clik://LEGIS/VEA/section 135(2)
[17] https://clik.dva.gov.au/book/export/html/16722#ref-cspol_part12_ftn143
[18] https://clik.dva.gov.au/compensation-and-support-policy-library/part-12-compliance-and-obligations/125-reviews-and-appeals/1256-veterans-compensation-and-review-decisions-repatriation-commission/reviews-under-section-31
[19] https://clik.dva.gov.au/book/export/html/16722#ref-cspol_part12_ftn144
[20] http://clik/glossary/veteran
[21] http://clik/glossary/member-forces
[22] http://clik/glossary/members-peacekeeping-force
[23] http://clik/glossary/incapacity
[24] http://clik/glossary/disease
[25] http://clik/glossary/injury
[26] http://clik.dva.gov.au/legislation-library