This section outlines who we are empowered to request information from, what types of information must be provided and how it is requested and provided.
The Secretary or his delegate can request specified types of information from pension or payment recipients and applicants, and/or recipients and applicants of associated allowances and benefits. A request for information can be made to:
Or
VEA ? [7]
For the purposes of requesting information, a 'person' who is receiving a pension includes a person who is receiving some or part of a pension or veteran payment on behalf of someone else. In most cases the person would be a trustee.
More ? [8]
There is a general provision giving the Secretary or his delegate the power to require any person to provide information for the purposes of the VEA. This includes a person employed in, or in connection with, a Commonwealth, State, or Territory Government Department or authority.
Depending on the case involved, it may be necessary to approach any number of the following (this list is not exhaustive):
Note that there is no legislative authority or provision to demand information from a person or party residing overseas, therefore there is no validity in quoting section 128 [4] of the Veterans' Entitlements Act 1986 in overseas cases.
When a person in receipt of a foreign pension or payment does not know their current rate of pension or payment, reference to the CLIK Procedure Library at P10/C1/S5.
If you are still unable to obtain information from a person and they have not complied with their obligations by forwarding you a statement from their pension or payment provider, you may consider suspending the pension or payment. Refer to P12/C1/S5 (Penalties for Failure to Meet Obligations).
The Secretary or his delegate has the power to obtain specific information from a person who is indebted to the Commonwealth under or as a result of the VEA. This power extends to obtaining information from a person who may have relevant information about a person who is indebted to the Commonwealth.
More ? [9]
Section 54A(1) (a) [4] VEA - requirement to give particular information relevant to the payment of pension
Section 54AA(1) [4] VEA - requirement to give information, produce documents or appear before an officer
Section 54A(1) (c) [4] VEA - requirement to give particular information relevant to the payment of pension
Section 54AA(1) [4] VEA - requirement to give information, produce documents or appear before an officer
Section 54A(2) [4] VEA - requirement to give particular information relevant to the payment of pension
Section 54AA(2) [4] VEA - requirement to give information, produce documents or appear before an officer
Veterans' Entitlements Act 1986.
The purpose of attendant allowance is to assist eligible Veterans [17], Members of the Forces [18], or a Member of a Peacekeeping Force [19]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 [20]for a war-caused or defence-caused injury or Disease [21]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 [22]or disease accepted under the Veterans' Entitlements Act.
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.
VEA ? [24]
Information gathering powers are most commonly used for the purposes of an investigation of a pension claim, a review of a pension rate, or an overpayment investigation. The power to obtain information from a pension or payment recipient or applicant only extends to information on matters relevant to the payment of a pension or payment, the provision of benefits, or the application for payment of benefits. This may include such things as;
VEA? [4]
The Secretary or a delegate of the Secretary may request, but not compel, a person in receipt of a pension, payment or allowance to provide a written statement of their Tax File Number or the Tax File Number of the person's partner or non illness separated spouse.
More ? [25]
VEA? [4]
The Secretary or a delegate of the Secretary may oblige a debtor to provide information about, or documents relating to, his or her financial situation. If the person's address changes, they must notify the Department of the change. If a person has information on the whereabouts of a person who is indebted to the Commonwealth, or information on his or her financial situation, they can be obliged to provide this information to the Department.
More ? [26]
VEA? [4]
A person is not excused from providing information, producing documents or giving evidence requested under section 128 [4] in VEA [3] on the grounds that it may incriminate that person. However, the person is protected from having that information, document or evidence used against him or her in criminal proceedings before a court, unless those proceedings are for an offence under section 128.
Section 128(1) VEA - power of Secretary to obtain information from a person
Section 54A(1) VEA - pension recipient required to give particular information relevant to the payment of pension
Section 54AA(1) VEA - pension recipient required to give information, produce documents or appear before an officer
Section 54AA(3) VEA - pension applicant required to give information, produce documents or appear before an officer
Veterans' Entitlements Act 1986.
Information is requested from a person by way of a formal notice. The notice can request information in various forms, depending on which section of the VEA [3] it is issued under.
More ? [33]
VEA ? [34]
A notice issued to a person under section 54A or section 127 requires the person to provide information in accordance with a form approved by the Commission. This means the person is being asked to complete details on a Departmental form such as a review form issued with a section 54A notice asking for income and asset details. However, 'in accordance with' does not mean that the person has to fill out the form provided. As long as all the questions on the form are answered in writing– say on a blank piece of paper – the person has met his or her obligations.
More ? [35]
A notice issued under section 54AA or section 128 can require the person to:
VEA ? [39]
A person providing information in response to a section 54AA or section 128 notice may be required to give or verify the information on oath or affirmation either orally or in writing. The Secretary or his delegate may administer an oath or affirmation.
VEA? [4]
The Secretary's information gathering powers under the VEA override all State and Territory laws that would seek to block the exercise of those powers. No State or Territory law can prevent a person from having to supply information, produce documents or give evidence for the purposes of the VEA.
Section 54A(5) [4] VEA - recipient required to give information relevant to the payment of pension
Section 127(1) (f) [4] VEA - power to obtain information
Section 54AA(1) (a) [4] VEA - pension recipient
Section 54AA(3) (a) [4] VEA - pension applicant
Section 128(1) (a)(i) [4] VEA - third person (person other than the pension recipient or applicant)
Section 54AA(1) (b) [4] VEA - pension recipient
Section 54AA(3) (b) [4] VEA - pension applicant
Section 128(1) (a)(ii) [4] VEA - third person (person other than the pension recipient or applicant)
Section 54AA(1) (c) [4] VEA - pension recipient
Section 54AA(3) (c) [4] VEA - pension applicant
Section 128(1) (b) [4] VEA - third person (person other than the pension recipient or applicant)
Section 54AA(6) [4] VEA - oath or affirmation VEA - person providing information, producing documents or appearing before an officer
Section 128(2A) [4] VEA - oath or affirmation VEA - third party
Veterans' Entitlements Act 1986.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16748%23comment-form
[2] https://clik.dva.gov.au/user/login?destination=node/16769%23comment-form
[3] https://clik.dva.gov.au/%23
[4] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[5] https://clik.dva.gov.au/book/export/html/16748#tgt-cspol_part12_ftn34
[6] https://clik.dva.gov.au/book/export/html/16748#tgt-cspol_part12_ftn35
[7] https://clik.dva.gov.au/book/export/html/16748#tgt-cspol_part12_ftn36
[8] https://clik.dva.gov.au/book/export/html/16748#tgt-cspol_part12_ftn37
[9] https://clik.dva.gov.au/book/export/html/16748#tgt-cspol_part12_ftn38
[10] https://clik.dva.gov.au/book/export/html/16748#ref-cspol_part12_ftn34
[11] https://clik.dva.gov.au/book/export/html/16748#ref-cspol_part12_ftn35
[12] https://clik.dva.gov.au/book/export/html/16748#ref-cspol_part12_ftn36
[13] https://clik.dva.gov.au/compensation-and-support-policy-library/part-11-administration-payments/113-agents-and-trustees
[14] https://clik.dva.gov.au/book/export/html/16748#ref-cspol_part12_ftn37
[15] https://clik.dva.gov.au/compensation-and-support-policy-library/part-12-compliance-and-obligations/126-overpayments
[16] https://clik.dva.gov.au/book/export/html/16748#ref-cspol_part12_ftn38
[17] http://clik/glossary/veteran
[18] http://clik/glossary/member-forces
[19] http://clik/glossary/members-peacekeeping-force
[20] http://clik/glossary/incapacity
[21] http://clik/glossary/disease
[22] http://clik/glossary/injury
[23] https://clik.dva.gov.au/user/login?destination=node/16781%23comment-form
[24] https://clik.dva.gov.au/book/export/html/16748#tgt-cspol_part12_ftn39
[25] https://clik.dva.gov.au/book/export/html/16748#tgt-cspol_part12_ftn40
[26] https://clik.dva.gov.au/book/export/html/16748#tgt-cspol_part12_ftn41
[27] https://clik.dva.gov.au/book/export/html/16748#ref-cspol_part12_ftn39
[28] https://clik.dva.gov.au/compensation-and-support-policy-library/part-11-administration-payments/116-taxation
[29] https://clik.dva.gov.au/compensation-and-support-policy-library/part-12-compliance-and-obligations/123-data-matching
[30] https://clik.dva.gov.au/book/export/html/16748#ref-cspol_part12_ftn40
[31] https://clik.dva.gov.au/book/export/html/16748#ref-cspol_part12_ftn41
[32] https://clik.dva.gov.au/user/login?destination=node/16778%23comment-form
[33] https://clik.dva.gov.au/book/export/html/16748#tgt-cspol_part12_ftn42
[34] https://clik.dva.gov.au/book/export/html/16748#tgt-cspol_part12_ftn43
[35] https://clik.dva.gov.au/book/export/html/16748#tgt-cspol_part12_ftn44
[36] https://clik.dva.gov.au/book/export/html/16748#tgt-cspol_part12_ftn45
[37] https://clik.dva.gov.au/book/export/html/16748#tgt-cspol_part12_ftn46
[38] https://clik.dva.gov.au/book/export/html/16748#tgt-cspol_part12_ftn47
[39] https://clik.dva.gov.au/book/export/html/16748#tgt-cspol_part12_ftn48
[40] https://clik.dva.gov.au/compensation-and-support-policy-library/part-12-compliance-and-obligations/122-information-gathering-powers/1224-requirements-information-gathering
[41] https://clik.dva.gov.au/book/export/html/16748#ref-cspol_part12_ftn42
[42] https://clik.dva.gov.au/book/export/html/16748#ref-cspol_part12_ftn43
[43] https://clik.dva.gov.au/compensation-and-support-policy-library/part-12-compliance-and-obligations/125-reviews-and-appeals
[44] https://clik.dva.gov.au/book/export/html/16748#ref-cspol_part12_ftn44
[45] https://clik.dva.gov.au/book/export/html/16748#ref-cspol_part12_ftn45
[46] https://clik.dva.gov.au/book/export/html/16748#ref-cspol_part12_ftn46
[47] https://clik.dva.gov.au/book/export/html/16748#ref-cspol_part12_ftn47
[48] https://clik.dva.gov.au/book/export/html/16748#ref-cspol_part12_ftn48