About this section
This section outlines what is required to make a s54 obligations notice a legally binding document, and the time frames for response to a s54 notice, depending on the pension, payment or benefit the person receives.
VEA ? [3]
An obligation to provide information can only be imposed on a person if this information might affect:
VEA ? [5]
Obligations are imposed by way of issuing an obligation notice. This is usually in the form of an advice letter. In order to be legally binding, an obligation notice must meet the following requirements:
VEA ? [7]
The Secretary is able to send documents with an obligation notice. The obligation notice can refer to the attached document and oblige the person to tell the Department or a specified Departmental officer, if any of the events listed in the document occur or are likely to occur. The document may also contain the necessary information about the time in which the person is obliged to notify the Department or officer of an event. The legislation provides that this method of imposing an obligation has full legal weight and is just as binding on a person as if all the matters listed in the document were contained in the notice itself.
The legal requirements for an obligation notice are satisfied where a fact sheet (containing a specific obligation notice) is attached to a covering letter. The covering letter should explain the purpose served by including the fact sheet, being formal advice of the person's notification obligations. A reference to the section 54 authority should also be included.
The 'You and Your Pension' booklet outlines income support recipient's obligations. The booklet was issued to all income support pensioners in July 1998, and has since been issued to all pensioners who are granted an income support pension. The booklet is a legally binding obligation notice, effective from the date of original issue, or the date of a new grant.
The following are acceptable ways (provided they meet the relevant notification period) in which a person can advise the Department of an event or change of circumstances:
Provision of benefits
Chapter 5.8 Fringe Benefits [10]
Chapter 7.1 Treatment at Departmental Expense [11]
Last Amended: 10 August 2004
The following table illustrates the notification periods that apply for a response to section 54 obligations, depending on the person's situation.
If the person is... | and they notify of... | then the notification period is... |
in receipt of a service pension [18], veteran payment or ISS [18] | a change in circumstances that may affect their pension, payment or benefits | within 14 days VEA S54(5) |
is living overseas and in receipt of a service pension, veteran payment or ISS | a change in circumstances that may affect their pension, payment or benefits | within 28 days VEA S54(5A) |
in receipt of Remote Area Allowance [18] | a change in circumstances that may affect their pension, payment or benefits | within 28 days VEA S54(5A) |
a member of a couple [18] both in receipt of service pension or ISS | the death of their partner | within the 98 day bereavement period VEA S54(5AA) |
The notification period begins on the day after:
The notification period ends on close of business on the 14th, 28th or 98th day (depending on which notification period applies to the person) after the event or change in circumstances occurs.
If the information is received up to close of business by conventional mail, telephone contact or personal visit, or up to 12 midnight by fax, on that day then the person has complied.
A person is given a notice under VEA s54 VEA that says he or she must advise within 14 days of an increase in earnings. The person's earnings increase on 2 April. The person has until close of business on 16 April to fulfil his or her obligations without incurring any penalty. That is, the 14 days begins from, but not including, 2 April
What if the last day of the notification period is a weekend/public holiday?
According to ss36(2) of the Acts Interpretations Act 1901, if the last day of the notification period is not a working day - say, a Saturday, Sunday or public holiday, the last day of the notification period is taken to be the next working day after that day. This rule only applies if the holiday is in the region where the DVA processing office is located (state office or agent office). That is, it has to be a holiday where the notification is received, rather than where the person resides.
A person who is in receipt of service pension or ISS and who is an NDIS participant [18], or who is acting on behalf of an NDIS participant [18], are not required to notify the receipt of (NDIS) amounts [18], how NDIS amounts are spent, or about accounts holding NDIS amounts.
What if the last day of the notification period is a weekend/public holiday?
According to ss36(2) of the Acts Interpretations Act 1901, if the last day of the notification period is not a working day - say, a Saturday, Sunday or public holiday, the last day of the notification period is taken to be the next working day after that day. This rule only applies if the holiday is in the region where the DVA processing office is located (state office or agent office). That is, it has to be a holiday where the notification is received, rather than where the person resides.
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.
Remote area allowance is a supplementary payment added to the rate of income support pension where the pensioner's usual place of residence is situated in a remote area, and where the pensioner is physically present in the remote area.
According to Section 5E(2) [19]of the VEA [19]a person is a member of a couple, if they are:
The term “partnered” is also commonly used.
Has the same meaning as in the National Disability Insurance Scheme Act 2013, and means a person with disability who meets the access requirements to become a participant in the NDIS.
Has the same meaning as in the National Disability Insurance Scheme Act 2013, and means a person with disability who meets the access requirements to become a participant in the NDIS.
Has the same meaning as in the National Disability Insurance Scheme Act 2013, and means an amount paid under the NDIS in respect of reasonable and necessary supports funded under a NDIS participant’s plan.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16733%23comment-form
[2] https://clik.dva.gov.au/user/login?destination=node/16730%23comment-form
[3] https://clik.dva.gov.au/book/export/html/16733#tgt-cspol_part12_ftn15
[4] https://clik.dva.gov.au/book/export/html/16733#tgt-cspol_part12_ftn16
[5] https://clik.dva.gov.au/book/export/html/16733#tgt-cspol_part12_ftn17
[6] https://clik.dva.gov.au/book/export/html/16733#tgt-cspol_part12_ftn18
[7] https://clik.dva.gov.au/book/export/html/16733#tgt-cspol_part12_ftn19
[8] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[9] https://clik.dva.gov.au/book/export/html/16733#ref-cspol_part12_ftn15
[10] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/58-fringe-benefits
[11] https://clik.dva.gov.au/compensation-and-support-policy-library/part-7-common-allowances-and-benefits/71-treatment-departmental-expense
[12] https://clik.dva.gov.au/book/export/html/16733#ref-cspol_part12_ftn16
[13] https://clik.dva.gov.au/book/export/html/16733#ref-cspol_part12_ftn17
[14] https://clik.dva.gov.au/compensation-and-support-policy-library/part-11-administration-payments/1110-advices
[15] https://clik.dva.gov.au/book/export/html/16733#ref-cspol_part12_ftn18
[16] https://clik.dva.gov.au/book/export/html/16733#ref-cspol_part12_ftn19
[17] https://clik.dva.gov.au/user/login?destination=node/16721%23comment-form
[18] https://clik.dva.gov.au/%23
[19] http://www.comlaw.gov.au/Series/C2004A03268