The table below provides a summary of the correct use of information gathering powers under the VEA [2]:
If the notice is issued to a... | and they are required to... | Then the following section of the VEA should be used... |
| provide information on a Departmental form | VEA? [3] |
| provide documents, information or appear before an employee of the Department | VEA? [3] |
| provide information on a Departmental form | VEA? [3] |
| Provide documents, information or appear before an office of the Department | VEA? [3] |
The table below illustrates some examples of what section of the VEA can be used to gather information in certain situations:
If information is requested from a... | And... | Then the section of the VEA to be used is... |
person receiving service pension and Disability Compensation Payment | service pension has been cancelled due to an overpayment | VEA? [3]
|
war widow who is a service pensioner in her own right | income and asset details are required in respect of her service pension | VEA ? [4]
|
person receiving service pension and Disability Compensation Payment, and treatment with respect to their disability pension | information is required regarding the person's treatment | VEA ? [5]
|
Section 54A [3] VEA - requirement to give particular information relevant to the payment of pension
Section 54AA [3] VEA - requirement to give information, produce documents or appear before an officer
Section 127 [3] VEA - power to obtain information
Section 128 [3] VEA - power of Secretary to obtain information from a person (third party)
Veterans' Entitlements Act 1986.
A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.
ISS is an income support payment that may be paid to eligible war widows and widowers under the VEA and persons receiving wholly dependent partners' compensation under the MRCA, and who satisfy the means tests. It is an indexed rate, increased twice-yearly in March and September in line with changes to the cost of living and/or average wages. Income Support Supplement (ISS) legislation commenced on 20 March 1995. It is a payment created to replace the ceiling rate income support age, carer, wife and disability support pensions, paid to war widows/widowers by Centrelink.
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 [2]. 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 [2], Special Rate (T&PI) [2] or a rate increased in respect of certain war-caused injury or disease.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16726%23comment-form
[2] https://clik.dva.gov.au/%23
[3] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[4] https://clik.dva.gov.au/book/export/html/16726#tgt-cspol_part12_ftn49
[5] https://clik.dva.gov.au/book/export/html/16726#tgt-cspol_part12_ftn50
[6] https://clik.dva.gov.au/book/export/html/16726#ref-cspol_part12_ftn49
[7] https://clik.dva.gov.au/book/export/html/16726#ref-cspol_part12_ftn50