VEA → [2]
In reviewing a decision, the Commission [3] or its delegate [3] or an authorised person may, although it is rarely done:
VEA → [4]
For income support reviews, decision and statement of reasons must be served on:
That person must also be advised of their right to review by the AAT [3] if appeal rights to the Tribunal are available. An employee of the Department, in writing, will make this service and notification.
VEA → [5]
In providing a statement of reasons to an applicant, DVA [3] must ensure that it does not contain information that, in the opinion of the Commission:
Information will also be classified as confidential if its author and the Commission agree on its confidentiality.
Information of a medical or psychiatric nature may be withheld from the patient because it may affect the well being of the person. Access to the document(s) may be given instead to a medical practitioner nominated by the person making the request. The Determining Officer who reviews the case makes the decision regarding the nature and extent of access to such information.
VEA → [6]
A request for review of a decision relating to income support pension and payment or CSHC [3], may be withdrawn, in writing, at any time prior to determination. Withdrawal of the request does not prevent a person making another request for review of the original decision, provided the subsequent request is received in writing within the original three (3) month limit.
VEA → [7]
The Commission may pay for expenses incurred in the production of certificates, reports or other documents from a medical practitioner, a hospital or similar institution where the person had received medical treatment in cases where, following review of a decision, the Determining Officer:
VEA → [8]
An appellant may claim travel expenses incurred when summoned to attend to give evidence in relation to a review of a decision. An attendant who travels in Australia for the purpose of accompanying the above person is also entitled to reimbursement for travelling expenses.
Person to be notified of decision - Service Pension and ISS
Section 57E [11] VEA
Person to be notified of decision - CSHC
Section 118ZX [12] VEA
Reasons for decision to be given - Section 31 Reviews
Section 34 [13] VEA
Exclusion of confidential information - service pension and ISS
Section 57E(2) [15] VEA
Exclusion of confidential information - CSHC
Section 118ZX(2) [16] VEA
Reasons for decision to be given - Section 31 review
Section 34(3) [17] VEA
Income support pensions and payments
Section 57G [19] VEA
Commonwealth Seniors Health Card (CSHC)
Section 118ZZ [20] VEA
According to Section 179 [26]of the VEA [26], the Commission is a body corporate under the name of Repatriation Commission.
A Delegate of the Commission [3] is a decision-maker who has been delegated authority to exercise the Commission's powers for the administration of pensions under the VEA [3].
Administrative Appeals Tribunal.
The Department of Veterans' Affairs.
The CSHC is intended to assist those retirees and other eligible veterans, war widow(er)s and their partners of pension age [3] who fail to qualify for an income support pension from DVA or a pension or benefit from Centrelink. The card entitles the holder to pharmaceuticals listed on the PBS [3] at a concessional rate and seniors supplement [3].
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.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16750%23comment-form
[2] https://clik.dva.gov.au/book/export/html/16750#tgt-cspol_part12_ftn96
[3] https://clik.dva.gov.au/%23
[4] https://clik.dva.gov.au/book/export/html/16750#tgt-cspol_part12_ftn97
[5] https://clik.dva.gov.au/book/export/html/16750#tgt-cspol_part12_ftn98
[6] https://clik.dva.gov.au/book/export/html/16750#tgt-cspol_part12_ftn99
[7] https://clik.dva.gov.au/book/export/html/16750#tgt-cspol_part12_ftn100
[8] https://clik.dva.gov.au/book/export/html/16750#tgt-cspol_part12_ftn101
[9] clik://LEGIS/VEA/section 57F
[10] https://clik.dva.gov.au/book/export/html/16750#ref-cspol_part12_ftn96
[11] clik://LEGIS/VEA/section 57E
[12] clik://LEGIS/VEA/section 118ZX
[13] clik://LEGIS/VEA/section 34
[14] https://clik.dva.gov.au/book/export/html/16750#ref-cspol_part12_ftn97
[15] clik://LEGIS/VEA/section 57E(2)
[16] clik://LEGIS/VEA/section 118ZX(2)
[17] clik://LEGIS/VEA/section 34(3)
[18] https://clik.dva.gov.au/book/export/html/16750#ref-cspol_part12_ftn98
[19] clik://LEGIS/VEA/section 57G
[20] clik://LEGIS/VEA/section 118ZZ
[21] https://clik.dva.gov.au/book/export/html/16750#ref-cspol_part12_ftn99
[22] clik://LEGIS/VEA/section 57H
[23] https://clik.dva.gov.au/book/export/html/16750#ref-cspol_part12_ftn100
[24] clik://LEGIS/VEA/section 132
[25] https://clik.dva.gov.au/book/export/html/16750#ref-cspol_part12_ftn101
[26] http://clik.dva.gov.au/legislation-library