Part 3 Income Support Eligibility

Section 3.5.2 Periods of Residency [65]

More ? (go back) [66]

Chapter 3.3 Service Pension & Income Support Supplement Payability [5]

More ? (go back) [68]

More ? (go back) [69]

Chapter 3.3 Service Pension & Income Support Supplement Payability [5]

More ? (go back) [70]

Section 3.1.3 Invalidity Service Pension [29]

More ? (go back) [71]

A person is eligible for invalidity service pension if the person:

More ? (go back) [73]

Restrictions on Dual Pensions

Section 38C [25] VEA

VEA ? (go back) [74]

Restrictions on Dual Pensions

Chapter 3.8 [43]

More ? (go back) [75]

For the purposes of Part VI of the VEA [45], a reference to a veteran is taken to be a reference to:

a veteran as defined in subsection 5C(1) of the VEA [45];
a member of the Forces as defined in subsection 68(1) of the VEA [45]; or
a member of a Peacekeeping Force as defined in subsection 68(1) of the VEA [45].

For the purposes of Part VII of the VEA [45], according to subsection 5C(1), veteran means a person (including a deceased person):

who is taken to have rendered eligible war service [3], or
in respect of whom a pension is, or pensions are, payable under subsection 13(6) and
in Part III and Part VIIC of the VEA [45] includes a person who is:

a Commonwealth veteran [3], or
an allied veteran, or
an allied mariner.

Qualifying service is one of the criteria used to determine eligibility for certain benefits under the Veterans' Entitlements Act 1986. Refer to section 7A of the VEA [45] for the full defintion.

Currently, the pension age for a veteran is 60 years of age (VEA 5QA).

The pension age for a non-veteran is determined by the table below:

Date of birth (both dates inclusive)	Age Pension age
1 July 1952 to 31 December 1953	65 years and 6 months
1 January 1954 to 30 June 1955	66 years
1 July 1955 to 31 December 1956	66 years and 6 months
On or after 1 January 1957	67 years

A Commonwealth veteran is a person who served on a continuous full time basis in the defence forces of a Commonwealth country during a period of hostilities. Refer to subsection 5C(1) [45]of the VEA [45] for the full definition.

An allied veteran means a person who:

has been appointed or enlisted as a member of the defence force [76] established by an allied country [77]; and
has rendered continuous full-time service [78] as such a member during a period of hostilities [79]

An allied veteran does not include a person who has served at any time:

in the forces of a country that was, at the time, at war with Australia, or in forces engaged in supporting or assisting the forces of such a country, or
in the forces that were, at the time, engaged in war like operations [80] against the Naval, Military or Air Forces of Australia

See section 5c(1) [81] VEA

To be a proper claim, the claim must be:

made in writing;
in accordance with a form approved by the Commission; and
accompanied by any evidence available to the claimant that the claimant considers may be relevant to the claim

A war widow/widower is generally a person who immediately before their partners death, was the partner of, or was legally married to:

a veteran [3]; or
a person who was a member of the forces [3]; and
who is receiving:
a war widow's/widower's pension [3]; or
a pension that is payable under the law of a foreign country that is, in the opinion of the Commission, similar to a war widow's/widower's pension.

Refer to 5E(1) [82] of the VEA for the full definition.

Age Pension Age refers to pension age [3] as defined under the Social Security Act 1991, that is, pension age for people other than veterans.

3.1.3 Invalidity Service Pension

Last amended: 1 July 2013

VEA ? [84]

Eligibility criteria

is a veteran [3], More ? [85]
has rendered qualifying service [3], More ? [86]
is permanently incapacitated [3] for work, and More ? [87]
meets the additional residency requirement, if a Commonwealth veteran [3], allied veteran [3] or allied mariner. More ? [88]

Note: The veteran does not need to be pension age [3] and the incapacity does not need to be related to their service.

The eligibility criteria for invalidity service pension were amended effective from 1 January 2000. Eligible veterans who were in payment immediately prior to this date retain their eligibility under the old criteria (85% permanent incapacity). This savings provision is provided for in the Veterans' Affairs Legislation (Permanent Incapacity – Transitional) Regulations 1999 No. 358 [89].

Lodging a claim

Although a person may meet the eligibility criteria for invalidity service pension, such a person will not be granted invalidity service pension unless they lodge a proper claim [3].

More ? [90]

A veteran may not claim invalidity service pension if the veteran has reached age 65.

Payability

There are a number of situations where a person may be eligible for invalidity service pension, but not payable. For example:

the person is receiving another income support payment, or
the rate of pension is nil. More ? [91]

War widows/widowers paid invalidity service pension

A war widow or war widower [3] who is also a veteran, may be paid invalidity service pension if they meet the eligibility criteria. However, the rate of that pension may be limited to a ceiling.

More ? [92]

Taxation

Invalidity service pension is not subject to income tax when paid to a pensioner who is under age pension age [3]. When an invalidity service pensioner reaches age pension age [3], the pension becomes taxable.

More ? [93]

Invalidity service pensioners participating in the Veterans' Vocational Rehabilitation Scheme (VVRS)

VEA ? [94]

VVRS [3] assists invalidity service pensioners and other eligible veterans to find, or continue in, suitable paid employment. Whilst participating in VVRS, invalidity service pensioners receive the income protection benefits of the scheme and retain section 37 invalidity service pension eligibility.

More ? [95]

Compensation recovery provisions may apply

If the pensioner receives (or is eligible to receive) compensation payments for economic loss, such as incapacity payments, the compensation recovery rules may apply. Compensation recovery will reduce ongoing invalidity service pension payability or, if a lump sum compensation payment is received, will prevent payment of invalidity service pension for a calculated period of time known as the lump sum preclusion period.

More ? [96]

MRCA payments and invalidity service pension

Former members who are eligible for Special Rate Disability Pension (SRDP) under the MRCA are taken to satisfy the permanent incapacity for work eligibility test for invalidity service pension. SRDP is an ongoing payment that can be made to a former member in lieu of incapacity payments. The maximum weekly amount of SRDP under the MRCA is one half of the fortnightly rate of Special Rate pension under the VEA.

More ? [97]

SRDP is exempt from the income test when assessing whether invalidity service pension may be payable. In contrast, incapacity payments paid under the MRCA are regarded as assessable income.

Special Rate Disability Pension offsets and assessment of Commonwealth superannuation as income

VEA ? [98]

SRDP payments under MRCA are offset to the extent that permanent impairment payments have already been made to the pensioner under the VEA, SRCA or MRCA. Where Commonwealth superannuation is also received, then the remaining SRDP payment is further offset at 60 cents in the dollar. The amount of superannuation that is applied to offset the SRDP payment (to nil payment, but not below nil rate) at the offset rate of 60 cents in the dollar is not assessable as income, for invalidity service pension purposes. Any remaining superannuation after the offset calculation is applied is assessable as income. An example calculation is included in the MRCA Policy Manual, at Chapter 13.8 Invalidity Service Pension.

More ? [99]

The offset Commonwealth superannuation amount is known as the Special Rate Disability Pension reduction amount

It is not assessed as it is an excluded income amount for VEA income support purposes.

Excel spreadsheet for calculation purposes

An Excel spreadsheet which assists in calculating the SRDP Commonwealth Superannuation Corporation (CSC) reduction, to determine the assessable and excluded amounts of Commonwealth superannuation for income support purposes, is available on the Income Support Intranet web-page.

More ? [100]

Restrictions on dual pensions

VEA ? [101]

Restrictions exist on the payment of dual pensions.

More ? [102]

Transfer from invalidity service pension to age service pension

An invalidity service pensioner may transfer to age service pension where the age requirement is met, and where the test of being permanently incapacitated for work is no longer satisfied. Transferring between invalidity service pension and age service pension may be initiated by a pensioner providing medical evidence of fitness to work, or where there is evidence that the veteran has commenced working for periods adding up to more than 8 hours per week.

Section 37 [25] VEA

VEA ? (go back) [103]

Chapter 1.1 Veterans [60]

More ? (go back) [104]

Chapter 1.2 Service Types [62]

More ? (go back) [105]

Chapter 3.6 Permanent Incapacity [106]

More ? (go back) [107]

Section 3.5.2 Periods of Residency [65]

More ? (go back) [108]

Chapter 3.3 Service Pension & Income Support Supplement Payability [5]

More ? (go back) [109]

More ? (go back) [110]

Chapter 3.3 Service Pension & Income Support Supplement Payability [5]

More ? (go back) [111]

http://sharepoint/servingourcustomers/incomesupport/Documents/BL_DI/2011-2012/11185018E.tr5 [123]

More ? (go back) [112]

Section 115B [25] VEA

VEA ? (go back) [113]

Section 3.6.4 [114]

Legislation Library

Veterans' Vocational Rehabilitation Scheme - Operational Guidelines

More ? (go back) [115]

Compensation Recovery

Chapter 9.11 [116]

More ? (go back) [117]

Special Rate Disability Pension

Chapter 13 MRCA Policy Manual [118]

More ? (go back) [119]

SRDP reduction amount

Section 5I [25] VEA

Section 5H(8) (zr) [25] VEA

VEA ? (go back) [120]

Invalidity Service Pension

Chapter 13.8 MRCA Policy Manual [121]

More ? (go back) [122]

Calculating the SRDP Commonwealth Superannuation Corporation (CSC) reduction amounts - TRIM reference 11185018E

More ? (go back) [124]

Restrictions on Dual Pensions

Section 38C [25] VEA

VEA ? (go back) [125]

Restrictions on Dual Pensions

Chapter 3.8 [43]

More ? (go back) [126]

For the purposes of Part VI of the VEA [45], a reference to a veteran is taken to be a reference to:

a veteran as defined in subsection 5C(1) of the VEA [45];
a member of the Forces as defined in subsection 68(1) of the VEA [45]; or
a member of a Peacekeeping Force as defined in subsection 68(1) of the VEA [45].

For the purposes of Part VII of the VEA [45], according to subsection 5C(1), veteran means a person (including a deceased person):

who is taken to have rendered eligible war service [3], or
in respect of whom a pension is, or pensions are, payable under subsection 13(6) and
in Part III and Part VIIC of the VEA [45] includes a person who is:

a Commonwealth veteran [3], or
an allied veteran, or
an allied mariner.

Qualifying service is one of the criteria used to determine eligibility for certain benefits under the Veterans' Entitlements Act 1986. Refer to section 7A of the VEA [45] for the full defintion.

Permanent incapacity has two meanings depending on the context: (i) and (ii).

(i) for the purpose of invalidity service pension

pre 1/1/2000

The test of permanent incapacity for invalidity service pension [3] changed with effect from 1/1/2000. Prior to this date, a person was considered to be permanently incapacitated for work if the:

person was permanently blinded [3] in both eyes, or
degree of permanent incapacity was 85% or more.

This prior test of permanent incapacity continues to apply (is saved) for persons who were receiving (or who had claimed) the invalidity payment prior to 1/1/2000.

post 1/1/2000

A person claiming service pension is permanently incapacitated for work for paragraph 37(1) (c) of the if the person:

is permanently blind in both eyes, or
is a veteran to whom section 24 of the VEA [45] applies, or
satisfies the subsection below.

A person satisfies this subsection if:

the person has an impairment that, if it were an injury or disease for GARP [3], would result in a combined impairment rating of 40 or more under Table 18.1 in that Guide, and solely because of the impairment, the person is permanently unable to do work for periods adding up to more than 8 hours per week, and
the Commission [3] is satisfied that the impairment is permanent.

(ii) for the purpose of invalidity ISS

pre 1/1/2000

The test of permanent incapacity for invalidity ISS [3] changed with effect from 1/1/2000. Prior to this date, a person was considered to be permanently incapacitated for work if the:

person was permanently blinded in both eyes, or
degree of permanent incapacity was 85% or more.

This prior test of permanent incapacity continues to apply (is saved) for persons who were receiving (or who had claimed) the invalidity payment prior to 1/1/2000.

post 1/1/2000

A person claiming ISS is permanently incapacitated for work if:

the person is blind in both eyes, or
the person has a physical intellectual or psychiatric impairment that results in 20 points or more under the Impairment Tables in Schedule 1B of the Social Security Act 1991, and
the Commission is satisfied that solely because of the impairment, the person cannot work for at least 30 hours a week for the following 2 years.

An allied veteran means a person who:

has been appointed or enlisted as a member of the defence force [76] established by an allied country [77]; and
has rendered continuous full-time service [78] as such a member during a period of hostilities [79]

An allied veteran does not include a person who has served at any time:

in the forces of a country that was, at the time, at war with Australia, or in forces engaged in supporting or assisting the forces of such a country, or
in the forces that were, at the time, engaged in war like operations [80] against the Naval, Military or Air Forces of Australia

See section 5c(1) [81] VEA

Currently, the pension age for a veteran is 60 years of age (VEA 5QA).

The pension age for a non-veteran is determined by the table below:

Date of birth (both dates inclusive)	Age Pension age
1 July 1952 to 31 December 1953	65 years and 6 months
1 January 1954 to 30 June 1955	66 years
1 July 1955 to 31 December 1956	66 years and 6 months
On or after 1 January 1957	67 years

To be a proper claim, the claim must be:

made in writing;
in accordance with a form approved by the Commission; and
accompanied by any evidence available to the claimant that the claimant considers may be relevant to the claim

A war widow/widower is generally a person who immediately before their partners death, was the partner of, or was legally married to:

a veteran [3]; or
a person who was a member of the forces [3]; and
who is receiving:
a war widow's/widower's pension [3]; or
a pension that is payable under the law of a foreign country that is, in the opinion of the Commission, similar to a war widow's/widower's pension.

Refer to 5E(1) [82] of the VEA for the full definition.

Age Pension Age refers to pension age [3] as defined under the Social Security Act 1991, that is, pension age for people other than veterans.

The Veterans' Vocational Rehabilitation Scheme (VVRS) was established in December 1997 to assist eligible veterans to find, or continue in, suitable paid employment, with particular emphasis on:

facilitating the transition from service in the ADF to suitable paid employment;
assisting those veterans whose jobs are in jeopardy to retain suitable paid employment; and
in conjunction with Part VIA of the VEA [127], provide an income safety net for certain veterans in receipt of pensions under sections 23 or 24 of the Act, or invalidity service pension, who wish to engage in suitable paid employment.

Participation in the scheme is voluntary and there are no penalties for withdrawal from, or failure to complete, an approved program. DVA will engage a VVRS contracted service provider that will assign a rehabilitation case manager to oversee the rehabilitation process for the Department. The VVRS contracted Case Manager will undertake a full rehabilitation assessment which will identify the client's vocational needs.

3.1.4 Partner Service Pension

VEA ? [129]

Eligibility for Partner Service Pension

Section 38 [25] VEA

VEA ? (go back) [130]

Eligibility for Partner Service Pension

Partner Service Pension

Partner service pension may be paid to a person who is the partner, widow/widower or former partner of a veteran who has qualifying service.

Eligibility for partners of veterans

A partner of a veteran may be eligible for partner service pension if:

the veteran receives service pension, or would receive service pension but for a disqualifying provision; or
the veteran has rendered qualifying service and the partner is qualified for an age pension from Centrelink; or
the veteran is registered as a member of the pension bonus scheme.

A partner of a veteran must also meet, or be exempt from, the age requirements set out on the page Age Requirements for partner service pension.

Note: Service records can be obtained without breaching the Privacy Act 1988 to determine qualifying service for a veteran in order to establish partner service pension eligibility (including eligibility of a non-illness separated spouse or a widow/er) Information Privacy Principle 10 provides that personal information obtained for a particular purpose may be used for another purpose, where the other purpose is required by or authorised in law.

Eligibility for partners where the veteran is not yet eligible

Where a veteran has qualifying service, but is not yet eligible for a service pension, the partner may be eligible for partner service pension if:

the partner is age pension age, and
the partner meets all of the other qualifying criteria for age pension from Centrelink

Examples where this may occur include where a veteran has not yet reached pension age, but does have qualifying service, or an Allied or Commonwealth veteran does not meet the ten-year residency requirement. The partner will only be eligible for partner service pension if they meet the ten-year residency requirement. The partner will only be eligible for partner service pension if they meet all of the qualifying criteria for Centrelink age pension. This means that in the second example, the Allied or Commonwealth veteran's partner would need to qualify for Centrelink age pension (be age pension age and meet, or be exempt from the ten-year residency requirement) to be eligible for partner service pension.

The intent of this legislative provision is to extend DVA services to the veteran's family where possible. This enables a partner who would qualify for an age pension from Centrelink to instead receive a partner service pension from DVA.

Eligibility for widows/widowers of deceased veterans

A widow/widower is someone who either:

was the current partner of a deceased veteran immediately before the veterans' death; or
was legally married to a deceased veteran immediately before the death of the veteran.

A widow/widower of a deceased veteran may be eligible for partner service pension if:

the veteran was receiving service pension at the time of death, or would have been receiving service pension but for a disqualifying provision; or
the veteran was receiving service pension at the time of death, or had prior to death made a claim for service pension that would have been granted, and the widow/widower had made a claim for service pension prior to the veteran's death; or
the veteran rendered qualifying service and the widow/widower is qualified for an age pension; or
the veteran was registered as a member of the pension bonus scheme, and the widow/widower was registered as a member of the pension bonus scheme (including under the Social Security Act) or was receiving partner service pension or a social security pension; or
the veteran was registered as a member of the pension bonus scheme, and the widow/widower had made a claim for a partner service pension which had not been determined at the date of the death.

A widow/widower of a deceased veteran must also meet the age requirements set out on the page Age Requirement for Partner Service Pension.

Widow/widowers who are granted a war widow's/widower's pension are no longer eligible to receive partner service pension.

War widow/widowers are also eligible for Income Support Supplement.

Eligibility for widows/widowers and other partners who were separated from the veteran at the time of the veteran's death, and the circumstances under which they become ineligible, is set out on the page Eligibility for partner service pension when separated from the veteran.

Eligibility for former partners of veterans

Eligibility for former partners of veterans, and the circumstances under which they become ineligible, is set out on the page Eligibility for partner service pension when separated from the veteran.

Date of effect for loss of partner service pension

If a person loses eligibility for partner service pension, the date of effect for cancellation of partner service pension depends on whether the person notified the Department of the event or change in circumstances which caused the loss of eligibility within the notification period.

If notification obligations are met, then the date of effect for cancellation of partner service pension is the day after the end of the notification period. If the person fails to notify the department of an event or change of circumstances which would result in the loss of eligibility for partner service pension within the notification period, then the date of effect is the date of the event or change of circumstances. This policy is outlined in Departmental Instruction C31/99 [131].

Lodging a claim

Although a person may meet the eligibility criteria for partner service pension, such a person will not be granted partner service pension unless they lodge a proper claim [3].

More → [132]

Note: Provisions for backdating may apply where the person's partner is a special rate disability pensioner.

More → [133]

Restrictions on dual pensions

VEA → [134]

Restrictions exist on the payment of dual pensions.

More → [135]

Age Requirement for Partner Service Pension

Last amended: Age requirement and exemptions for partners

The following table is provided as a guide to the age requirements for a partner, widow/widower or former partner who meets the eligibility criteria for partner service pension:

More → [137]

If the veteran:	Then the partner's age requirement for partner service pension is:
VEA → [138] is receiving disability pension at the [glossary:special rate:Def Special Rate (T&PI)] under the VEA, or is receiving, or eligible to receive a special rate disability pension under the MRCA,	any age
VEA → [139] is receiving a pension which enables eligibility for partner service pension for their partner, and the partner has a dependent child [3] at the time of claim	any age
VEA → [140] is receiving an above general rate [3] (AGR) disability pension, or has at least 80 impa — irment points under the MRCA,	50 years of age
VEA → [141] is eligible for service pension, and is over pension age	qualifying age [3]
VEA → [142] has qualifying service, and is not yet eligible for a service pension (eg. does not satisfy the ten year residency requirement for Commonwealth veterans, Allied veterans or Allied mariners, or has not yet reached pension age)	age pension age [3] and the partner must meet all the qualifying criteria for a Centrelink [3] age pension [3]
VEA → [143] is deceased and the partner was not receiving partner service pension immediately before the veteran's death	age pension age [3] and the partner must meet all of the qualifying criteria for a Centrelink [3] age pension [3][glossary:, unless the:] widow [3][glossary:/:]widower [3][glossary:'s circumstances are such that this age requirement does not apply.:]

More → [144]

Age requirement for certain widow/widowers and former partners of deceased veterans

VEA → [145]

To be eligible to be granted partner service pension, a widow [3][glossary:/:]widower [3] or former partner who was not receiving a pension at the time of the veteran's death must be qualified for Centrelink [3] age pension [3], which means he/she must be age pension age [3] rather than qualifying age.

This age requirement does not apply i — f:

the widow/widower or former partner was in receipt of partner service pension or a Centrelink pension immediately before the veteran's death, or
there was a partner service pension claim pending immediately before the veteran's death that is later determined as able to be granted, or
the widow/widower or former partner and veteran were both registered for the Pension Bonus Scheme immediately before the veteran's death, or
the widow/widower or former partner had lodged a partner service pension claim before the veteran's death, which is not determined at the date of death, and the veteran was registered with the Pension Bonus Scheme before his or her death.

Qualifying age

VEA → [146]

Where a veteran is receiving, or is eligible for service pension, the partner must be qualifying age [3] to be eligible for partner service pension, unless the exemption categories apply.

For partners in receipt of partner service pension immediately before 1 October 1995, there was no minimum age required at the time pension was granted. For partners granted between 1 October 1995 and 30 June 2008, the eligible age was 50 years at the time pension was granted. These people are 'saved' from the application of the qualifying age requirement, unless they lose eligibility for partner service pension and wish to reclaim.

Partner of a veteran on special rate disability pension

VEA → [147]

No age requirement applies if the person is the partner of a veteran entitled to the special r — ate of disability pension (T&PI) or SRDP under MRCA at the time of claim. However, if at some time the veteran loses entitlement to either of these rate — s, the partner will need to meet the age or dependent child requirement to continue to be eligible for partner service pension.

Partner of a veteran on an above general rate disability pension

VEA → [148]

A person who is the partner of a veteran entitled to an above general rate [3] (AGR) disability pension must be age 50 or above at the time of claim to be eligible for partner service pension. However, if at some time the veteran loses entitlement to this rate, the partner will need to meet the age or dependent child requirement to continue to be eligible for partner service pension.

This eligibility category applies from 9 December 2008. During the period 1 July 2008 to 8 December 2008 partners of AGR veterans were required to be qualifying age to be eligible for partner service pension.

AGR disability pension for the purposes of partner service pension eligibility refers to:

extreme disablement adjustment (EDA);
Intermediate Rate;
Temporary special rate (TTI);
pensions increased by Specific Disability Allowance items 1–6; or
80 or more impairment points under the MRCA.

Dependent children

VEA → [149]

No age requirement applies if the person has a dependent child/young person at the time of claim. However, if at some time they lose eligibility for partner service pension, and later reclaim that pension, they will need to meet the age requirement if, at the time of claim, the child is no longer a dependent child/young person.

A child/young person receiving a social security pension or benefit (e.g. Youth Allowance) is not considered a dependent child under the VEA.

More → [150]

Child ceases to be dependent

Where a person is eligible for partner service pension because they have a dependent child, their eligibility will not be lost if the child ceases to be dependent - for example, if a dependent child turns 23, or claims a social security pension or benefit (e.g. Youth Allowance) after partner service pension has been granted.

Payability

VEA → [151]

There are a number of situations where a person may be eligible for partner service pension, but not payable. For example:

the person is receiving another income support payment, or
the rate of pension is nil.

Where the partner has previously been determined to be eligible for partner service pension and loses payability only, their partner service pension eligibility continues and is not lost. Any later request for resumption of their partner service pension needs to satisfy the payability aspect only.

Example: A 30 year old partner was receiving PSP because they met the dependent child eligibility. The partner returned to work when the child started school and PSP was no longer payable due to their earnings. At the age of 53, the partner leaves work to provide full time care for a relative and PSP is payable again. The partner is not required to meet the qualifying age requirement because there was no loss of eligibility during the period of nil payability.

More → [152]

Taxation

Partner service pension is a taxable payment, unless paid to a pensioner who is:

a partner [153] of a veteran, where the veteran is paid service pension on the grounds of invalidity, and both the partner and the veteran have not reached age pension age [3], or
below age pension age and is the widow/widower or former partner of a veteran who was receiving invalidity service pension immediately prior to their death. More → [154]

Eligibility for Partner Service Pension

3.1.4/Eligibility for Partner Service Pension [155]

More → (go back) [156]

Section 38(1D) [157] VEA

VEA → (go back) [158]

Section 38(1B) (a) [159] VEA

VEA → (go back) [160]

Section 38(1B) (b) [159] VEA

VEA → (go back) [161]

Section 38(1B) (c) [159] VEA

VEA → (go back) [162]

Section 38(1) (aa) [163] VEA

VEA → (go back) [164]

Section 38(1) (e) [163] VEA

VEA → (go back) [165]

Partner Service Pension Eligibility

3.1.4/Eligibility for Partner Service Pension [155]

More → (go back) [166]

Eligibility for Partner Service Pension

Section 38(1) [163] VEA

VEA → (go back) [167]

Age Requirement

Section 38(1B) [159] VEA

Pre-1 October 1995 cases

Section 38(1C) [168] VEA

VEA → (go back) [169]

Partner of Special Rate veteran

Section 38(1D) [157] VEA

VEA → (go back) [170]

Partner of an AGR veteran

Section 38(1B) [159] VEA

Section 38(1B) (a) [159] VEA

VEA → (go back) [171]

Partner with Dependent Child

Section 38(1B) [159] VEA

VEA → (go back) [172]

Section 9.4.2 Effect of Children on Eligibility for Income Support Pensions, Benefits and Allowances [173]

More → (go back) [174]

Restrictions on dual pensions

Section 38C(1) [175] VEA

Pension not payable if rate is nil

Section 38A(2) [176] VEA

VEA → (go back) [177]

Service Pension Payability

Chapter 3.3 Service Pension & Income Support Supplement Payability [5]

More → (go back) [178]

2.1.2/Service pension and Income Support Supplement claims [258]

More → (go back) [179]

Section 5F(1) of the VEA defines dependent child as having the same meaning as in the Social Security Act 1991. For income support purposes, dependent child is defined as:

Child under 16 years

the pensioner has legal responsibility either alone or jointly with another person for the day to day care, welfare and development of the young person AND the young person is in the pensioner's care, or
the young person is not a dependent child of someone else AND the young person is wholly or substantially in the pensioner's care.

A child under 16 years cannot be considered a dependent child if:

they are not a full-time student, and
their weekly income from any source is more than the amount specified in section 5(3)(c) of the Social Security Act.

Child 16 years or older

A young person who has turned 16 years but is under 22 years can still be a dependent child of the pensioner if:

they are wholly or substantially dependent on the pensioner, and
their income in the financial year will not exceed the personal income limit, and
they are receiving full-time education at a school, college or university.

A child over 16 years cannot be considered a dependent child if:

they receive a social security pension or benefit such as youth allowance, or
their personal income is more than the amount specified in section 5(4)(b) of the Social Security Act.

Income includes earning from casual, part-time or full-time earnings.

SSA → [180]

Social Security Act 1991 [181]

SSA → (go back) [182]

Note: the meaning of a dependent child for DVA income support pension purposes is not the same as the meaning for Family Tax Benefit purposes.

Above general rate disability pensions, which include T&PI [3], TTI [3], Intermediate Rate [3] or EDA [3] .

Qualifying age is defined in section 5Q(1) of the [183]VEA [183]and is equivalent to the pension age for a veteran which is described in section 5QA VEA as:

60 years for a male,
for females subject to age equalisation (refer to the table in section 5QA VEA).

Age Pension Age refers to pension age [3] as defined under the Social Security Act 1991, that is, pension age for people other than veterans.

An age pension is a means tested [3] income support payment [3] paid by Centrelink [3] or DVA [3] on behalf of the Department of Families, Housing, Community Services and Indigenous Affairs. The majority of age pensions are paid through Centrelink. However, eligible veterans [3] who have an accepted disability [3] or receive a disability pension [3] from DVA, but do not have qualifying service [3], may be paid their age pension by DVA. Their partner may also receive their age pension from DVA, if eligible.

Age Pension Age refers to pension age [3] as defined under the Social Security Act 1991, that is, pension age for people other than veterans.

A widow is a woman who was:

the partner of a person immediately before the person died; or
legally married to a man and living with him immediately before he died; or
legally married to a man and living separately and apart from him on a permanent basis, immediately before he died.

A widower is a man who was:

the partner of a person immediately before the person died: or
legally married to a woman and living with her immediately before she died; or
legally married to a woman and living separately and apart from her on a permanent basis immediately before she died.

A widow is a woman who was:

the partner of a person immediately before the person died; or
legally married to a man and living with him immediately before he died; or
legally married to a man and living separately and apart from him on a permanent basis, immediately before he died.

A widower is a man who was:

the partner of a person immediately before the person died: or
legally married to a woman and living with her immediately before she died; or
legally married to a woman and living separately and apart from her on a permanent basis immediately before she died.

Age Pension Age refers to pension age [3] as defined under the Social Security Act 1991, that is, pension age for people other than veterans.

Qualifying age is defined in section 5Q(1) of the [183]VEA [183]and is equivalent to the pension age for a veteran which is described in section 5QA VEA as:

60 years for a male,
for females subject to age equalisation (refer to the table in section 5QA VEA).

Above general rate disability pensions, which include T&PI [3], TTI [3], Intermediate Rate [3] or EDA [3] .

Age Pension Age refers to pension age [3] as defined under the Social Security Act 1991, that is, pension age for people other than veterans.

Eligibility for partner service pension when separated from veteran

Last amended: 19 August 2011

Separation from a veteran

VEA → [185]

Partner service pension eligibility for former partners of veterans depends on certain conditions being met.

In all cases the person must be the former partner of a veteran who:

receives service pension, or would receive service pension but for a disqualifying provision; or
is registered as a member of the pension bonus scheme.

A partner of a veteran must also meet, or be exempt from, the age requirements set out on the page Age Requirements for Partner Service Pension.

In all instances, a former partner will lose eligibility for partner service pension immediately on entering into a de facto relationship, or marrying, a person other than the veteran.

Eligibility for former partners

For the purposes of partner service pension eligibility, a former partner of a veteran is considered to be:

a person who is legally married to a veteran but living separately and apart on a permanent basis from the veteran,
a person who was in a registered relationship under State or Territory law with a veteran but is living separately and apart on a permanent basis from the veteran, or
a person who was in a de facto relationship with a veteran but living separately and apart on a permanent basis from the veteran, or
a person who is divorced from a veteran, or
a person whose registered relationship under State or Territory law with a veteran ceases whilst living separately and apart from a veteran.

A former partner of a veteran remains eligible for partner service pension for a period of 12 months following separation from the veteran, unless they enter into a new relationship before the end of this time.

A former partner will lose eligibility for partner service pension after this 12 month period, unless:

the former partner reaches age pension age before the end of the 12 months following separation, or
the veteran dies before the end of the 12 months following separation, or
special domestic circumstances apply.

An additional 14 days after the 12 month period may be allowed before cancellation, consistent with the notification periods under the date of effect rules.

Special domestic circumstances

A former partner of a veteran remains eligible for partner service pension if special domestic circumstances apply.

Special domestic circumstances are:

where the former partner and the veteran are not living in the same residence, and
the veteran has a mental health condition recognised by DVA, and
there was an unsafe or abusive domestic environment in respect of the partner or the partner's family prior to separation.

Eligibility for former partners when the veteran dies

Former partners of veterans may continue to be eligible for partner service pension if they were:

legally married to the veteran at the time of the veteran's death; or
receiving partner service pension at the time of the veteran's death.

Eligibility for former partners of deceased veterans is lost if the person enters into a de facto relationship with, or marries, another person.

Separated couple reconcile

A person may regain eligibility for partner service pension when there is a reconcilitation and the partner returns to live permanently with the veteran.

2019 Budget measure to align partner service pension eligibility

A 2019 Budget measure aligned partner service pension eligibility for former partners of veterans, regardless of marital status. The changed arrangements apply to separations, divorces and deaths that occur on or after 20 September 2019.

For separations that took place prior to 20 September 2019, a former partner may be eligible for partner service pension if:

they are legally married to a veteran; and
they are not in a de facto relationship with another person.

Where the former veteran partner died prior to 20 September 2019, a former partner may be eligible for partner service pension if:

they were legally married to the veteran at the time of the veteran's death; and
they are not in a de facto relationship with, or married to, another person.

New eligibility criteria must be met for new claims

If eligibility for partner service pension is lost, any subsequent new claim for partner service pension must meet the eligibility requirements current at the time of the new claim.

Loss of eligibility for partner service pension occurs in the following situations:

divorce from the veteran, where separation occurred prior to 20 September 2019
a non-married partner separating from a veteran prior to 20 September 2019
a former partner starting a new de facto relationship or marrying

12 months after separation where a former partner is under age pension age and special domestic circumstances do not apply
the veteran is no longer eligible for Special Rate or Above General Rate disability pension, and the partner does not meet age or dependent child requirements.

Where the claimant is a former partner who separated from the veteran within the last 12 months, and who will not reach pension age within 12 months from the date of separation, partner service pension may be granted or recommenced. However, if special domestic circumstances do not apply, the former partner must be advised that partner service pension will cease 12 months from the date of separation.

More → [186]

Note: Service records can be obtained without breaching the Privacy Act 1988 to determine qualifying service for a veteran in order to establish partner service pension eligibility (including eligibility of a non-illness separated spouse or a widow/er). Information Privacy Principle 10 provides that personal information obtained for a particular purpose may be used for another purpose, where the other purpose is required by or authorised in law.

Policy Library –Marriage-like or De facto Relationship

9.3.2/Definitions for Member of a Couple Status [187]

3.1.4/Eligibility for Partner Service Pension [155]

More → (go back) [188]

Section 38(2AB) [189] VEA

VEA → (go back) [190]

Departmental Instruction – Changes to Partner Service Pension Eligibility

DI C11/2009 [191]

More → (go back) [192]

Policy Library –Marriage-like or De facto Relationship

9.3.2/Definitions for Member of a Couple Status [187]

3.1.4/Eligibility for Partner Service Pension [155]

More → (go back) [188]

3.2 Income Support Supplement (ISS) Eligibility

This chapter outlines the eligibility requirements for the income support supplement.

3.2.1 Overview of Income Support Supplement (ISS)

Last amended: 1 October 2009

ISS payment

VEA ? [196]

Income support supplement [3] (ISS), is an income support payment [3] paid only to certain war widow/widowers [3]. The rate of ISS payable is limited to a ceiling rate [3], and is indexed each March and September in line with movements in the cost of living and average wages.

More ? [197]

Eligibility for higher maximum rate

A higher maximum may apply if the person has been in continuous receipt of a social security pension [3], from 1 November 1986 and became a war widow/widower on or before that date. A higher maximum may also apply where a person's rate of war widow's/widower's pension has been reduced due to the receipt of certain forms of compensation.

More ? [198]

Eligibility criteria for ISS

There is no age restriction on eligibility for income support supplement. Once a person gains eligibility for income support supplement, that eligibility cannot be lost (unless the eligibility was acquired through fraud). It may be to the person's tax advantage to apply for invalidity income support supplement if they are permanently incapacitated for work and are under age pension age [3].

More ? [199]

Allowances and benefits accessed by ISS recipient

The following allowances and benefits, can be accessed by a person receiving income support supplement, if the person meets the relevant eligibility criteria:

rent assistance [3] More ? [200]
bereavement payment [3] More ? [201]
remote area allowance [3] More ? [202]
pensioner concession card (PCC) More ? [203]
education entry payment [3] (EdEP) More ? [204]
pension loans scheme More ? [205]
Retirement Assistance for Farmers Scheme (RAFS) More ? [206]
Retirement Assistance for Sugarcane Farmers Scheme (RASF) More ? [207]

Assessment of ISS rate

The rate of income support supplement is assessed with reference to the following:

income [3] and assets [3] More ? [208]
marital status More ? [209]
children More ? [210]
residential situation More ? [211]
maximum rates More ? [212]

Other issues to be considered

Other issues that need to be taken into account:

Obligations for information on pensioner obligations More ? [213]

Appeals for information on how to appeal a decision More ? [214]

Section 45A [25] VEA

VEA ? (go back) [215]

Income Support Supplement Rates and Limits – Reference Library

PR — C/View [216]

Indexation of pensions in line with CPI

Section 9.7.3 [217]

More ? (go back) [218]

9.1.2/Assessment Process for ISS [219]

More ? (go back) [220]

Section 3.2.3 [221]

More ? (go back) [222]

Chapter 5.1 [223]

More ? (go back) [224]

Chapter 8.1 [225]

More ? (go back) [226]

Chapter 5.2 [227]

More ? (go back) [228]

Chapter 5.8 [229]

More ? (go back) [230]

Chapter 5.3 [231]

More ? (go back) [232]

Chapter 5.4 [233]

More ? (go back) [234]

Chapter 5.5 [235]

More ? (go back) [236]

Chapter 5.10 [237]

More ? (go back) [238]

Chapter 10.1 Income [36]

Chapter 10.2 Assets [38]

More ? (go back) [239]

Chapter 9.3 [34]

More ? (go back) [240]

Chapter 9.4 [241]

More ? (go back) [242]

Chapter 9.2 [243]

More ? (go back) [244]

Section 9.1.2 [245]

More ? (go back) [246]

Recipient Obligations

Chapter 12.1 [10]

More ? (go back) [247]

Reviews and Appeals

Chapter 12.5 [11]

More ? (go back) [248]

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.

Means a payment of:

service pension [3],
income support supplement [3],
defence force income support allowance [3],
social security pensions [3],
social security benefit [3],

job search allowance, or
youth training allowance.

A war widow/widower is generally a person who immediately before their partners death, was the partner of, or was legally married to:

a veteran [3]; or
a person who was a member of the forces [3]; and
who is receiving:
a war widow's/widower's pension [3]; or
a pension that is payable under the law of a foreign country that is, in the opinion of the Commission, similar to a war widow's/widower's pension.

Refer to 5E(1) [82] of the VEA for the full definition.

The ceiling rate of service pension and income support supplement (ISS) is applied to all war widows/widowers when assessing the rate of pension. This amount was previously frozen at $124.90 per fortnight, however, since legislation was introduced in September 2002, is now indexed twice yearly in line with percentage increases in the maximum rate service pension. A higher ceiling rate can apply, however, in the following cases:

If a person:

became a war widow/widower-pensioner before 1 November 1986,
has continually received service pension, social security pension or ISS since that date, and
the rate of pension immediately before that date was more than $120.10

in such a case the ceiling rate is equal to the pre-November 1986 rate plus 4%.

If a person:

is a person to whom ISS is payable,
is not permanently blind, and
whose Part II or IV pension is [glossary:compensation reduced:DEF/Compensation reduced pension],

the ceiling rate is the sum of the ceiling rate as calculated above and the amount of the reduction in the Part II or Part IV pension. The maximum ceiling rate cannot exceed the maximum rate of single service pension. For ceiling rates refer to SCH6-A4 to A9 of VEA. The amount of increase to the ceiling rate pension under Part II or Part IV is worked out by using the formula in SCH6-A9 of the VEA.

The term social security pension is defined in Section 5Q(1) VEA [45] to mean:

age pension;
disability support pension;
wife pension;
carer payment;
pension PP (single);
sole parent pension;
bereavement allowance;
widow B pension;
mature age partner allowance;
special needs pension.

As benefits (pensions) may change, for the most current definition access this link to the Social Security Act 1991

http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200401781?OpenDocument

Age Pension Age refers to pension age [3] as defined under the Social Security Act 1991, that is, pension age for people other than veterans.

Rent Assistance is an allowance, which may be paid to a service pensioner or income support supplement (ISS) recipient to assist in meeting the cost of rental accommodation.

To receive rent assistance, a pensioner must be paying rent (other than Government rent) for accommodation in Australia, and the amount paid must exceed a certain threshold.

A bereavement payment is an amount payable in respect of a deceased pensioner that represents a continuation of the pensioner's entitlement for a period following the death (the bereavement period).

The payment can be made as:

a lump sum in advance, or
a continuation of the deceased person's pension instalments, or
a combination of both, or
a portion of the rate of pension payable to the surviving member of a couple identified as a separate amount only for taxation purposes.

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.

Education Entry Payment (EdEP) is a payment to assist eligible pensioners with the costs of enrolling in a course of study in order to develop their skills, obtain a qualification and improve their employment prospects. It is paid once a year in accordance with section 118AAC of VEA [45].

According to section 5H of the VEA [46] income is:

an amount earned, derived or received by a person for the person's own use or benefit;
a periodical payment by way of gift or allowance; or
a periodical benefit by way of gift or allowance.

An asset means any property, including property outside Australia.

3.2.2 ISS Eligibility

Last amended: 20 September 2011

Eligibility criteria

To be eligible for Income Support Supplement [3] [glossary:(:]ISS [3][glossary:),:] the person must be eligible for a war widows' pension or a war widowers' pension paid under the VEA, or be a wholly dependent partner eligible to receive compensation under the Military Rehabilitation and Compensation Act 2004 (MRCA).

Foreign war widow/ers are not eligible for ISS

VEA ? [250]

ISS eligibility is limited to war widow/ers receiving a dependant's payment under Part II or Part IV [25] of the VEA, or the equivalent wholly dependant partner payment under the MRCA. This is because the VEA Rate Calculator refers to the restricted definition of “war widow/war widower – pensioner” as provided in section 5Q(1) of the Act.

There is another definition of war widow/er within the VEA which also includes a person receiving a pension from a foreign country which is similar in character to a payment under the VEA or MRCA. This definition is used for other assessment purposes, including recognising the similar overseas payment for WWP offsetting and for ineligibility for partner service pension. This wider definition, including foreign war widow/ers, does not however apply for ISS eligibility purposes.

Lodging a claim

Although a person may meet the eligibility criteria for ISS, the payment cannot be made until a proper claim [3] is lodged.

When a claimant has indicated on a Form D2663 Claim for pension by a war widow/widower or other dependant of a deceased veteran form that they wish to claim for ISS in addition to war widows/widowers pension, this may be considered as a proper claim for ISS. The formal ISS claim form D0529 Claim for Income Support Supplement is not separately required where the delegate is satisfied that the information necessary to determine ISS eligibility is available through the war widows/widowers claim form.

While further information (such as income and assets details) may still be required to finalise the claim, the war widow/widower claim form may be recognised as a proper ISS claim for the purposes of determining the date of ISS grant.

More ? [251]

Additional forms must still be lodged for invalidity ISS to assist in establishing whether the war widow/widower meets the permanent incapacity [3] criteria, when a claimant has advised they are claiming ISS on the basis of invalidity.

More ? [252]

Payability

There are a number of situations where a person may be eligible for Income Support Supplement but that pension is not payable to them.

More ? [253]

Pension Bonus Scheme

VEA ? [254]

While there is no age restriction on eligibility for income support supplement, for the purpose of participating in the pension bonus scheme under the VEA, a war widow/widower must have reached qualifying age [3] to defer their income support supplement. To be eligible for the bonus all other requirements of the scheme must be met.

More ? [255]

Income support supplement pre 1/7/2008 – age restriction

The eligibility criteria for income support supplement changed on 1 July 2008. Prior to this date, a VEA war widow/widower or MRCA wholly dependent partner was only eligible for ISS if they had reached qualifying age [3], had a dependant child, were permanently incapacitated for work, or were the partner of an income support recipient. An eligible war widow/widower may still be granted invalidity ISS after 1 July 2008 on the grounds of being permanently incapacitated for work.

More ? [256]

HOTWORD "xlib-LEGIS-section 5Q(1)">Section 5Q(1) [25] VEA

Section 5E(1) [25] VEA

VEA ? (go back) [257]

More ? (go back) [259]

Section 3.2.3 Invalidity ISS [221]

More ? (go back) [260]

Chapter 3.3 Service Pension & Income Support Supplement Payability [5]

More ? (go back) [261]

Section 45TB [25] VEA

VEA ? (go back) [262]

5.6.2/Basic Eligibility Requirements for Pension Bonus Scheme [263]

More ? (go back) [264]

Section 3.2.3 [221]

More ? (go back) [265]

To be a proper claim, the claim must be:

made in writing;
in accordance with a form approved by the Commission; and
accompanied by any evidence available to the claimant that the claimant considers may be relevant to the claim

Permanent incapacity has two meanings depending on the context: (i) and (ii).

(i) for the purpose of invalidity service pension

pre 1/1/2000

The test of permanent incapacity for invalidity service pension [3] changed with effect from 1/1/2000. Prior to this date, a person was considered to be permanently incapacitated for work if the:

person was permanently blinded [3] in both eyes, or
degree of permanent incapacity was 85% or more.

This prior test of permanent incapacity continues to apply (is saved) for persons who were receiving (or who had claimed) the invalidity payment prior to 1/1/2000.

post 1/1/2000

A person claiming service pension is permanently incapacitated for work for paragraph 37(1) (c) of the if the person:

is permanently blind in both eyes, or
is a veteran to whom section 24 of the VEA [45] applies, or
satisfies the subsection below.

A person satisfies this subsection if:

the person has an impairment that, if it were an injury or disease for GARP [3], would result in a combined impairment rating of 40 or more under Table 18.1 in that Guide, and solely because of the impairment, the person is permanently unable to do work for periods adding up to more than 8 hours per week, and
the Commission [3] is satisfied that the impairment is permanent.

(ii) for the purpose of invalidity ISS

pre 1/1/2000

The test of permanent incapacity for invalidity ISS [3] changed with effect from 1/1/2000. Prior to this date, a person was considered to be permanently incapacitated for work if the:

person was permanently blinded in both eyes, or
degree of permanent incapacity was 85% or more.

This prior test of permanent incapacity continues to apply (is saved) for persons who were receiving (or who had claimed) the invalidity payment prior to 1/1/2000.

post 1/1/2000

A person claiming ISS is permanently incapacitated for work if:

the person is blind in both eyes, or
the person has a physical intellectual or psychiatric impairment that results in 20 points or more under the Impairment Tables in Schedule 1B of the Social Security Act 1991, and
the Commission is satisfied that solely because of the impairment, the person cannot work for at least 30 hours a week for the following 2 years.

Qualifying age is defined in section 5Q(1) of the [183]VEA [183]and is equivalent to the pension age for a veteran which is described in section 5QA VEA as:

60 years for a male,
for females subject to age equalisation (refer to the table in section 5QA VEA).

Qualifying age is defined in section 5Q(1) of the [183]VEA [183]and is equivalent to the pension age for a veteran which is described in section 5QA VEA as:

60 years for a male,
for females subject to age equalisation (refer to the table in section 5QA VEA).

3.2.3 Invalidity ISS

Last amended: 20 September 2011

Eligibility criteria

A person may be granted Income Support Supplement [3] [glossary:(:]ISS [3][glossary:):] on the basis of invalidity if:

the person is eligible for a war widows' pension or a war widowers' pension paid under the VEA, or eligible for compensation as a MRCA wholly dependant partner; and

is permanently incapacitated [3] for work.

A war widow/widower may be automatically accepted as being permanently incapacitated for work for ISS purposes without the need for medical investigation if they:

have qualified for disability support pension from Centrelink within the last 2 years, or
are permanently blind in both eyes, or
can provide evidence that they are manifestly disabled. More ? [267]

Change in incapacity status

A war widow or war widower granted income support supplement on the grounds of permanent incapacity will retain payability if they regain their health or reach age pension age [3], however, the tax exempt status of the income support supplement will be lost.

Lodging a claim

VEA ? [268]

Although a person may meet the eligibility criteria for invalidity ISS, the payment cannot be made until a proper claim [3] is lodged.

When a claimant has indicated on a Form D2663 Claim for pension by a war widow or other dependant of a deceased veteran form that they wish to claim for the ISS in addition to war widows/widowers pension, this may be considered as a proper claim for ISS. They will still however need to lodge form D0648 Claim for service pension or income support supplement Part B – Income and Assets before payability can be determined.

More ? [269]

Form D0571 Invalidity Income Support Supplement Claim – Medical and Work details must also be lodged for invalidity ISS to establish whether the war widow/widower meets the permanent incapacity [3] criteria. This applies unless the person:

has qualified for disability support pension from Centrelink within the last 2 years, or
is permanently blind in both eyes, or
is manifestly disabled. More ? [270]

There is no advantage to a person claiming ISS on the basis of permanent incapacity [3] for work if they are over age pension age [3]. This is because the tax exempt status of the payment is lost once the person reaches age pension age. Therefore, where an ISS claimant is over age pension age, they should be advised to lodge a claim for ISS, rather than invalidity ISS.

Payability

There are a number of situations where a person may be eligible for invalidity income support supplement but that pension is not payable to them.

More ? [271]

Taxation

Invalidity income support supplement is non taxable when paid to a person who is under age pension age [3]. When the invalidity income support supplement recipient reaches age pension age, the pension become taxable.

More ? [272]

Section 3.6.3 Persons automatically considered to be permanently incapacitated [273]

More ? (go back) [274]

Section 45I [25] VEA

VEA ? (go back) [275]

2.1.2/Service pension and income support supplement claims [258]

More ? (go back) [276]

Section 3.6.3 Persons automatically considered to be permanently incapacitated [273]

More ? (go back) [277]

Chapter 3.3 Service Pension & Income Support Supplement Payability [5]

More ? (go back) [278]

Section 3.3.2 Payment of Service Pension and Income Support Supplement [290]

More ? (go back) [279]

Permanent incapacity has two meanings depending on the context: (i) and (ii).

(i) for the purpose of invalidity service pension

pre 1/1/2000

The test of permanent incapacity for invalidity service pension [3] changed with effect from 1/1/2000. Prior to this date, a person was considered to be permanently incapacitated for work if the:

person was permanently blinded [3] in both eyes, or
degree of permanent incapacity was 85% or more.

This prior test of permanent incapacity continues to apply (is saved) for persons who were receiving (or who had claimed) the invalidity payment prior to 1/1/2000.

post 1/1/2000

A person claiming service pension is permanently incapacitated for work for paragraph 37(1) (c) of the if the person:

is permanently blind in both eyes, or
is a veteran to whom section 24 of the VEA [45] applies, or
satisfies the subsection below.

A person satisfies this subsection if:

the person has an impairment that, if it were an injury or disease for GARP [3], would result in a combined impairment rating of 40 or more under Table 18.1 in that Guide, and solely because of the impairment, the person is permanently unable to do work for periods adding up to more than 8 hours per week, and
the Commission [3] is satisfied that the impairment is permanent.

(ii) for the purpose of invalidity ISS

pre 1/1/2000

The test of permanent incapacity for invalidity ISS [3] changed with effect from 1/1/2000. Prior to this date, a person was considered to be permanently incapacitated for work if the:

person was permanently blinded in both eyes, or
degree of permanent incapacity was 85% or more.

This prior test of permanent incapacity continues to apply (is saved) for persons who were receiving (or who had claimed) the invalidity payment prior to 1/1/2000.

post 1/1/2000

A person claiming ISS is permanently incapacitated for work if:

the person is blind in both eyes, or
the person has a physical intellectual or psychiatric impairment that results in 20 points or more under the Impairment Tables in Schedule 1B of the Social Security Act 1991, and
the Commission is satisfied that solely because of the impairment, the person cannot work for at least 30 hours a week for the following 2 years.

Age Pension Age refers to pension age [3] as defined under the Social Security Act 1991, that is, pension age for people other than veterans.

To be a proper claim, the claim must be:

made in writing;
in accordance with a form approved by the Commission; and
accompanied by any evidence available to the claimant that the claimant considers may be relevant to the claim

Permanent incapacity has two meanings depending on the context: (i) and (ii).

(i) for the purpose of invalidity service pension

pre 1/1/2000

The test of permanent incapacity for invalidity service pension [3] changed with effect from 1/1/2000. Prior to this date, a person was considered to be permanently incapacitated for work if the:

person was permanently blinded [3] in both eyes, or
degree of permanent incapacity was 85% or more.

This prior test of permanent incapacity continues to apply (is saved) for persons who were receiving (or who had claimed) the invalidity payment prior to 1/1/2000.

post 1/1/2000

A person claiming service pension is permanently incapacitated for work for paragraph 37(1) (c) of the if the person:

is permanently blind in both eyes, or
is a veteran to whom section 24 of the VEA [45] applies, or
satisfies the subsection below.

A person satisfies this subsection if:

the person has an impairment that, if it were an injury or disease for GARP [3], would result in a combined impairment rating of 40 or more under Table 18.1 in that Guide, and solely because of the impairment, the person is permanently unable to do work for periods adding up to more than 8 hours per week, and
the Commission [3] is satisfied that the impairment is permanent.

(ii) for the purpose of invalidity ISS

pre 1/1/2000

The test of permanent incapacity for invalidity ISS [3] changed with effect from 1/1/2000. Prior to this date, a person was considered to be permanently incapacitated for work if the:

person was permanently blinded in both eyes, or
degree of permanent incapacity was 85% or more.

This prior test of permanent incapacity continues to apply (is saved) for persons who were receiving (or who had claimed) the invalidity payment prior to 1/1/2000.

post 1/1/2000

A person claiming ISS is permanently incapacitated for work if:

the person is blind in both eyes, or
the person has a physical intellectual or psychiatric impairment that results in 20 points or more under the Impairment Tables in Schedule 1B of the Social Security Act 1991, and
the Commission is satisfied that solely because of the impairment, the person cannot work for at least 30 hours a week for the following 2 years.

Permanent incapacity has two meanings depending on the context: (i) and (ii).

(i) for the purpose of invalidity service pension

pre 1/1/2000

The test of permanent incapacity for invalidity service pension [3] changed with effect from 1/1/2000. Prior to this date, a person was considered to be permanently incapacitated for work if the:

person was permanently blinded [3] in both eyes, or
degree of permanent incapacity was 85% or more.

This prior test of permanent incapacity continues to apply (is saved) for persons who were receiving (or who had claimed) the invalidity payment prior to 1/1/2000.

post 1/1/2000

A person claiming service pension is permanently incapacitated for work for paragraph 37(1) (c) of the if the person:

is permanently blind in both eyes, or
is a veteran to whom section 24 of the VEA [45] applies, or
satisfies the subsection below.

A person satisfies this subsection if:

the person has an impairment that, if it were an injury or disease for GARP [3], would result in a combined impairment rating of 40 or more under Table 18.1 in that Guide, and solely because of the impairment, the person is permanently unable to do work for periods adding up to more than 8 hours per week, and
the Commission [3] is satisfied that the impairment is permanent.

(ii) for the purpose of invalidity ISS

pre 1/1/2000

The test of permanent incapacity for invalidity ISS [3] changed with effect from 1/1/2000. Prior to this date, a person was considered to be permanently incapacitated for work if the:

person was permanently blinded in both eyes, or
degree of permanent incapacity was 85% or more.

This prior test of permanent incapacity continues to apply (is saved) for persons who were receiving (or who had claimed) the invalidity payment prior to 1/1/2000.

post 1/1/2000

A person claiming ISS is permanently incapacitated for work if:

the person is blind in both eyes, or
the person has a physical intellectual or psychiatric impairment that results in 20 points or more under the Impairment Tables in Schedule 1B of the Social Security Act 1991, and
the Commission is satisfied that solely because of the impairment, the person cannot work for at least 30 hours a week for the following 2 years.

Age Pension Age refers to pension age [3] as defined under the Social Security Act 1991, that is, pension age for people other than veterans.

3.3 Service Pension and Income Support Supplement Payability

This chapter contains information on service pension and income support supplement payability and circumstances where pension may not be payable to an eligible person.

3.3.1 Overview of Service Pension and Income Support Supplement Payability

Payability is distinct from eligibility

Although a person may be eligible for income support supplement [3] or service pension [3], that pension may not be payable to them because:

the pension has not commenced to be payable,
a proper claim has not been lodged,
the person is in gaol,
the person is receiving another pension,
the rate of pension is nil,
the pension is cancelled or suspended, or
the person has not provided their or their partner's tax file number. This does not apply where an exemption applies or the requirement to provide the tax file number is waived by the Secretary.

In the case of service pension, the pension is not payable if the rate of pension would be nil.

Although a war widow/widower may be eligible for a partner service pension, that pension is not payable. Income support supplement may, however, be payable.

More ? [288]

Compensation affected pension payability

Although a person may be eligible for a compensation affected pension [3], that pension may not be payable to them because:

the person or their partner is entitled to compensation but does not take reasonable action to claim or obtain the compensation, or
the person receives compensation in the form of a lump sum. More ? [289]

More ? (go back) [291]

Section 3.3.3 Compensation Affected Payability [292]

More ? (go back) [293]

compensation affected pension means:

(a)an invalidity service pension payable to a person who has not reached pension age; or
(b)a partner service pension payable to a person who has not reached pension age; or
(c)income support supplement payable to a person who has not reached qualifying age; or
(d)a veteran payment payable to a person who has not reached pension age (within the meaning of subsections 5QB(2), (3), (4) and (5)); or
(e)an education entry payment payable to a person who:

(i)is receiving invalidity service pension or partner service pension; or
(ii)is receiving income support supplement and has not reached qualifying age.

Note 1: For pension age see sections 5QA and 5QB.
Note 2: For qualifying age see section 5Q.

3.3.2 Payment of Service Pension and Income Support Supplement

Last amended: 13 January 2014

Commencement date for pension payability

VEA ? [295]

Service pension [3] or income support supplement [3] will not be payable to a person before the person's provisional commencement day. A person's provisional commencement day is usually the day on which the person claims a service pension or income support supplement. If an informal claim [3] is made prior to making a proper claim [3] then the pension will be payable from the day the informal claim is made, providing the proper claim is:

made within three months of being notified that the initial claim was not a proper claim, or
if the person was not notified, made at any time. More ? [296]

Backdating pension payability

It is DVA policy and the intention of the legislation to allow a claim to be lodged before the claimant reaches pension age [3] or qualifying age [3] so that the new claim can be processed and ready for payment from the date the claimant becomes eligible. Backdating pension payability to the date of the informal claim requires that the claimant be eligible on the day the informal claim [3] is lodged. This means that if an informal claim is lodged, for example, before a claimant reached pension age or qualifying age or attained invalidity status; the eligibility conditions are not satisfied and backdating is not permitted. This rule does not apply to proper claims [3], which may be lodged at any time. A legislative change is being sought to remove the requirement that for backdating to occur, a veteran must be eligible at the time of lodging an informal claim.

Assisting applicants to lodge valid claims

Members of the veteran community should be assisted to lodge either a proper claim, or at least an initial incorrect claim by their earliest eligibility date. Proper claims should preferably be encouraged before the person attains the applicable pension age or qualifying age. This practice is particularly important where veterans are encouraged to lodge claims early, for example where a veteran's qualifying service [3] [glossary:(:]QS [3][glossary:):] status may be determined in advance.

Earlier commencement date for pension payability may apply

In some cases, a person may have a different provisional commencement day to the day on which the person claims a service pension or income support supplement.

More ? [297]

Earlier commencement date for income support supplement

Where a person starts to receive a war widow's/widower's pension [3] from a particular day (the pension receipt day), and

immediately before the pension receipt day a social security pension [3] or social security benefit [3] was payable to the person, and
as a result of becoming a war widow/widower the social security pension or benefit is no longer payable from the pension receipt day, and
the person makes a claim for income support supplement after the pension receipt day, and
would have been eligible for income support supplement from the pension receipt day, then

the determination takes effect on the pension receipt day, and income support supplement is payable to the person on and from that day.

Note: War widows/widowers receiving a partner service pension or a social security age pension [3] from DVA [3] immediately prior to becoming a war widow/widower, are not required to claim income support supplement. Their entitlement to income support supplement will be automatically assessed and paid from date of grant of war widow's/widower's pension.

Earlier commencement date for partner service pension

Where a person applies for a partner service pension, and

the claim has been refused, and
the person's partner has subsequently been notified that he or she has been granted a disability pension at the special rate, and
the person makes another claim for partner service pension within 3 months of the notification to the veteran,

then the provisional commencement day for the payment of partner service pension will be the later of:

the day that the original claim for partner service pension was made, or
the day that the veteran became eligible for the special rate of disability pension.

Lodgement of a proper claim

VEA ? [298]

A service pension or income support supplement is not payable unless a proper claim has been made or is deemed to have been made.

More ? [299]

Pension payment arrangements if the person is in gaol

VEA ? [300]

While a person is imprisoned, their payments may be forfeited or suspended if a pension instalment is payable after the day on which the person goes to gaol and before the day the person is released. If the person has a partner or child/ren then the Commission [3] may direct that the payment or part of the payment be paid to:

their partner,
their child, or
someone else approved by the Commission.

In such a case the payment is taken, for all purposes, to be a payment made to the person in gaol.

More ? [301]

Restrictions on dual pensions

VEA ? [302]

A service pension or an income support supplement is not payable to a person if they are receiving:

another service pension, or
a pension or benefit under the Social Security Act 1991. More ? [303]

Loss of eligibility

If a person's eligibility for service pension or income support supplement is lost, any subsequent new claim from that person for an income support pension [3] needs to meet the eligibility requirements current at the time of the new claim.

Loss of payability

If the pensioner's payability for the service pension or income support supplement is lost, their eligibility for that pension continues. Any later request for resumption of the pension will need to satisfy the payability aspect.

Pension is cancelled or suspended

VEA ? [304]

Service pension or income support supplement may be cancelled or suspended where a person:

has a change of circumstances, which causes eligibility for the pension to cease,
fails to comply with a section 54A [25] VEA or section 54AA [25] VEA notice,
requests that their pension be cancelled,
cannot be contacted and their whereabouts are unknown,
fails to take reasonable action to claim a comparable foreign pension to which they may be entitled, More ? [305]
fails to draw their pension payments for a continuous period of six months. This would apply if a person has closed a bank account and cannot be contacted to make new arrangements. It is not intended for a situation where a person is accumulating pension instalments in a bank account, or
where the Commission is satisfied that it is being, or has been paid to a person to whom it is not, or was not payable (e.g. where there is evidence the person had failed to declare significant income or assets).

The service pension or income support supplement may also be cancelled where the pension has been determined to be nil. Note: Cancellation where the pension has been reduced to nil is not normal practice and would only occur in special circumstances where this was considered appropriate.

More ? [306]

Provision of tax file number

VEA ? [307]

A person in receipt of service pension or income support supplement is required to provide DVA with their and their partner's tax file number [3][glossary:.:] The provision of a tax file number is necessary for the purposes of the data matching program. If the tax file number is not provided, the pension is not to be paid, unless the requirement to provide the number is waived by the Secretary, or an exemption applies.

More ? [308]

Pension rate is nil

VEA ? [309]

Where a person's service pension rate would be reduced to nil, the pension is not payable. However, where the service pension rate is nil only because an advance payment of pension has been paid to the person, the pension remains payable.

More ? [310]

Minimum amount

VEA ? [311]

Where a person's service pension or income support supplement (ISS) rate including pension supplement would be reduced to less than the minimum amount, the minimum amount is payable. Once the rate is reduced to nil the pension/ ISS is not payable.

Impact of pension no longer being payable

VEA ? [312]

Loss of payability may mean loss of:

eligibility for treatment More ? [313]
payability of advance payment of pension, More ? [314]
eligibility for pensioner concession card, and
eligibility for bereavement payments. More ? [315]

Service pension or ISS may not be payable in some circumstances

Section 36A [25] VEA

Section 37A [25] VEA

Section 38A [25] VEA

Section 45B [25] VEA

Section 59M [25] VEA

Section 59P [25] VEA

Partner service pension not payable to war widowers

Section 38C(2) [25] VEA

VEA ? (go back) [316]

Claim for pension

More ? (go back) [317]

Effective Dates for Grants

Section 11.1.3 [318]

More ? (go back) [319]

Payability before a claim is made

Section 45C [25] VEA

Section 36B [25] VEA

Section 37B [25] VEA

Section 38B [25] VEA

VEA ? (go back) [320]

Claim for pension

Chapter 7.1 Treatment at Departmental Expense [8]

More ? (go back) [321]

Payability when pensioner in gaol

Section 55 [25] VEA

Section 55A [25] VEA

VEA ? (go back) [322]

Effect of imprisonment on a person's pension instalment

Chapter 11.7 Imprisonment [323]

More ? (go back) [324]

Restrictions on Dual Pensions

section 45D [25] VEA

section 36C [25] VEA

section 37C [25] VEA

section 38C [25] VEA

VEA ? (go back) [325]

Restrictions on Dual Pensions

Chapter 3.8 [43]

More ? (go back) [326]

Cancellation or suspension of pension

Section 56 [25] VEA

Section 56A [25] VEA

Section 56E [25] VEA

Section 56EA [25] VEA

Section 56EB [25] VEA

Section 56EC [25] VEA

Section 56J [25] VEA

Section 56K [25] VEA

VEA ? (go back) [327]

Comparable foreign pension

Chapter 3.7 [283]

More ? (go back) [328]

Recipient obligations

Chapter 12.1 [10]

More ? (go back) [329]

Section 128A [25] VEA

VEA ? (go back) [330]

The provision of tax file number

Chapter 12.3 Data Matching [286]

More ? (go back) [331]

Section 36A(2) [25] VEA through to Section 36A(4) [25] VEA

Section 37A(2) [25] VEA through to Section 36A(4) [25] VEA

Section 38A(2) [25] VEA through to Section 36A(4) [25] VEA

VEA ? (go back) [332]

Advance Payments

Chapter 3.11 Advances [284]

Chapter 9.1 Income & Assets Test Principles [285]

More ? (go back) [333]

Section 5GA(3) [25] VEA

VEA ? (go back) [334]

Eligibility for treatment

Section 85 [25] VEA

Advance Payments

Section 79J [25] VEA

Eligibility for Pensioner Concession Card

Section 53A [25] VEA

VEA ? (go back) [335]

Eligibility for treatment

More ? (go back) [336]

Advance payment of pension

Chapter 3.11 Advances [284]

More ? (go back) [337]

Pensioner Concession Card

Section 5.8.2 Pensioner Concession Card(PCC) and Associated Benefits [338]

More ? (go back) [339]

If a person lodges a claim, which is not a proper claim [3], they may be considered to have made an initial claim. Where this happens, pension may be granted from the date on which the initial claim was made, provided the person subsequently lodges a proper claim:

within 3 months of being notified that the initial claim was not a proper claim, or
at any time if the person was not so notified.

To be a proper claim, the claim must be:

made in writing;
in accordance with a form approved by the Commission; and
accompanied by any evidence available to the claimant that the claimant considers may be relevant to the claim

Currently, the pension age for a veteran is 60 years of age (VEA 5QA).

The pension age for a non-veteran is determined by the table below:

Date of birth (both dates inclusive)	Age Pension age
1 July 1952 to 31 December 1953	65 years and 6 months
1 January 1954 to 30 June 1955	66 years
1 July 1955 to 31 December 1956	66 years and 6 months
On or after 1 January 1957	67 years

Qualifying age is defined in section 5Q(1) of the [183]VEA [183]and is equivalent to the pension age for a veteran which is described in section 5QA VEA as:

60 years for a male,
for females subject to age equalisation (refer to the table in section 5QA VEA).

within 3 months of being notified that the initial claim was not a proper claim, or
at any time if the person was not so notified.

To be a proper claim, the claim must be:

made in writing;
in accordance with a form approved by the Commission; and
accompanied by any evidence available to the claimant that the claimant considers may be relevant to the claim

Qualifying service is one of the criteria used to determine eligibility for certain benefits under the Veterans' Entitlements Act 1986. Refer to section 7A of the VEA [45] for the full defintion.

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 Rate [3], Special Rate (T&PI) [3] or a rate increased in respect of certain war-caused injury or disease.

The term social security pension is defined in Section 5Q(1) VEA [45] to mean:

age pension;
disability support pension;
wife pension;
carer payment;
pension PP (single);
sole parent pension;
bereavement allowance;
widow B pension;
mature age partner allowance;
special needs pension.

As benefits (pensions) may change, for the most current definition access this link to the Social Security Act 1991

http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200401781?OpenDocument

The term social security benefit is defined in Section 5Q(1) of the VEA [45] to mean:

widow allowance;
youth allowance;
austudy payment;
newstart allowance;
sickness allowance;
special benefit;
partner allowance;
mature age allowance;
benefit PP (partnered);
parenting allowance.

As benefits (pensions) may change, for the most current definition access this link to the Social Security Act 1991

http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200401781?OpenDocument

The Department of Veterans' Affairs.

According to Section 179 [45]of the VEA [45], the Commission is a body corporate under the name of Repatriation Commission.

Income support pension is:

a social security pension [3]
a service pension;
an income support supplement.

A TFN is a number issued by the Australian Taxation Office to individuals, partnerships, trusts or companies. Each taxpayer has unique TFN which must be declared when you:

loge a tax return,
apply for certain income assistance or support payments,
make or receive payments under Prescribed or Reportable Payment System,
start or change jobs,
have savings accounts or investments that earn income, or
study at a tertiary institution under the HECS Scheme.

3.3.3 Compensation Affected Pension Payability

Compensation to be claimed

VEA ? [341]

Compensation affected pensions may not be payable if the person or their partner fail to take reasonable action to claim, or obtain the compensation to which they may be entitled.

More ? [342]

Compensation in the form of a lump sum

VEA ? [343]

If a person receives compensation [3] in the form of a lump sum, a compensation affected pension [3] is not payable to the person for the lump sum preclusion period [344][glossary:.:] If the person is a member of a couple and that person, or their partner, received the compensation before 20 March 1997, a compensation affected pension is not payable to the person or their partner for the lump sum preclusion period.

More ? [345]

Compensation to be claimed

Section 59M [25] VEA

Section 59P [25] VEA

VEA ? (go back) [346]

Compensation Recovery

Chapter 9.11 [116]

More ? (go back) [347]

Section 59Q [25] VEA

Determining lump sum preclusion period

Section 59Q [25] VEA

VEA ? (go back) [348]

Compensation Recovery

Chapter 9.11 [116]

More ? (go back) [349]

A payment to make amends for loss or injury to a person or property, or as a recompense for some deprivation (such as compensation to the owner for compulsory acquisition of their property).

compensation affected pension means:

(i)is receiving invalidity service pension or partner service pension; or
(ii)is receiving income support supplement and has not reached qualifying age.

Note 1: For pension age see sections 5QA and 5QB.
Note 2: For qualifying age see section 5Q.

The lump sum preclusion period is the amount of time that a person or their partner is ineligible to receive the pension after receiving compensation in the form of a lump sum. Refer to Subsections 59Q(3) to 59Q(8) of the VEA to determine the lump sum preclusion period

3.4 Age

Last amended

Thursday, May 24, 2018

A person's age is primarily important in determining whether they are eligible for service pension [3] and veteran payment. Pension age [3] and qualifying age [3] are also used to determine eligibility for other payments and schemes run by DVA.

3.4.1 Age Requirements

Last amended

Thursday, May 24, 2018

Overview of age requirements

Pension age [3] and qualifying age [3] are criteria used in determining eligibility for specific categories of service pension [3]. Pension age is also used in determining eligibility of a current or former member of the ADF for veteran payment. Pension age also has application in relation to certain assessment issues, taxation issues and eligibility to participate in certain schemes.

Further information on Veteran Payment eligibility can be found at Eligibility requirements for Veteran Payment [352].

Age equalisation for females

VEA ? [356]

The age for females has progressively increased since 1 July 1995 in six-month increments every two years. By 1 January 2014 the pension age for females will be the same as the pension age for males. Note: Age equalisation applies to veteran pension age, qualifying age and age pension age [3].

More ? [357]

Increase to pension age for persons other than veterans

VEA ? [358]

From 1 July 2017 pension age for non-veterans will be increased by six-months every two years and will reach 67 in 2023. The increases do not apply to veteran pension age. The following table provides a guide to the gradual increase to pension age for male and female non-veterans.

Male and female non-veterans

Date of birth (both dates inclusive)	Pension age
1 July 1952 to 31 December 1953	65 years and 6 months
1 January 1954 to 30 June 1955	66 years
1 July 1955 to 31 December 1956	66 years and 6 months
On or after 1 January 1957	67 years

Age requirement for age service pension

VEA ? [359]

Pension age [3] for a veteran [3] is specified in section 5QA [25] of the VEA. The age service pension is similar to the Centrelink [3] age pension [3]. However, in recognition of the effects of their service, pension age for a veteran is less than pension age for other persons. The pension age for a female veteran is gradually being increased under age equalisation, to bring them into line with the pension age for male veterans.

More ? [360]

Age requirement for partner service pension

VEA ? [361]

An eligibility criteria for partner [3] service pension is that the partner is required to have attained qualifying age [3]. However, under specified circumstances partners may not need to meet this age requirement.

More ? [362]

Impact of age on ISS recipients

There are no age restrictions on a person's eligibility for ISS [3]. However, for certain assessment rules, taxation and eligibility to participate in certain schemes, pension age or qualifying age for an ISS recipient may be applicable.

More ? [363]

Impact of age on other issues

Pension age may also impact issues other than pension eligibility, such as:

when superannuation fund investments become assessable under the income and assets test, More ? [364]
whether the pension payment is taxable, or More ? [365]
eligibility to participate in the pension bonus scheme or pension loans scheme. More ? [366]

Verification of age

The primary documents used to confirm a person's age are a:

birth certificate, or
certified extract from a birth entry.

Note: It is important that the claimant is identifiable as the person named on the certificate or extract.

If either of these documents does not satisfactorily identify the claimant, it will be necessary to obtain evidence of age from another source, such as:

passports,
old records of membership in various organisations,
marriage certificates, or
service documents [3].

The documents listed above are related to verification of a person's age and some may not be acceptable proof of identity documents.

More ? [367]

Section 5QA [25] VEA

Section 5QB [25] VEA

VEA ? (go back) [368]

Age Equalisation for Females

Section 3.4.2 [369]

More ? (go back) [370]

Subsection 5QB(2) [25] VEA

VEA ? (go back) [371]

Age Service Pension

Section 36(1) [25] VEA

Pension Age for veterans

Section 5QA [25] VEA

VEA ? (go back) [372]

Age Service Pension

Section 3.1.2 [27]

More ? (go back) [373]

Qualifying age definition

Section 5Q(1) [25] VEA

VEA ? (go back) [374]

3.1.4/Age Requirement for Partner Service Pension [375]

More ? (go back) [376]

Section 3.4.2 [369]

More ? (go back) [377]

Superannuation Funds

Chapter 10.4 [378]

More ? (go back) [379]

Taxation

Chapter 11.6 [72]

More ? (go back) [380]

Chapter 5.4 [233]

Chapter 5.6 [353]

More ? (go back) [381]

Proof of Identity

Chapter 2.2 [351]

More ? (go back) [382]

Currently, the pension age for a veteran is 60 years of age (VEA 5QA).

The pension age for a non-veteran is determined by the table below:

Date of birth (both dates inclusive)	Age Pension age
1 July 1952 to 31 December 1953	65 years and 6 months
1 January 1954 to 30 June 1955	66 years
1 July 1955 to 31 December 1956	66 years and 6 months
On or after 1 January 1957	67 years

Qualifying age is defined in section 5Q(1) of the [183]VEA [183]and is equivalent to the pension age for a veteran which is described in section 5QA VEA as:

60 years for a male,
for females subject to age equalisation (refer to the table in section 5QA VEA).

Age Pension Age refers to pension age [3] as defined under the Social Security Act 1991, that is, pension age for people other than veterans.

Currently, the pension age for a veteran is 60 years of age (VEA 5QA).

The pension age for a non-veteran is determined by the table below:

Date of birth (both dates inclusive)	Age Pension age
1 July 1952 to 31 December 1953	65 years and 6 months
1 January 1954 to 30 June 1955	66 years
1 July 1955 to 31 December 1956	66 years and 6 months
On or after 1 January 1957	67 years

For the purposes of Part VI of the VEA [45], a reference to a veteran is taken to be a reference to:

a veteran as defined in subsection 5C(1) of the VEA [45];
a member of the Forces as defined in subsection 68(1) of the VEA [45]; or
a member of a Peacekeeping Force as defined in subsection 68(1) of the VEA [45].

For the purposes of Part VII of the VEA [45], according to subsection 5C(1), veteran means a person (including a deceased person):

who is taken to have rendered eligible war service [3], or
in respect of whom a pension is, or pensions are, payable under subsection 13(6) and
in Part III and Part VIIC of the VEA [45] includes a person who is:

a Commonwealth veteran [3], or
an allied veteran, or
an allied mariner.

A person's 'partner' is someone who is a member of a couple with that person.

Qualifying age is defined in section 5Q(1) of the [183]VEA [183]and is equivalent to the pension age for a veteran which is described in section 5QA VEA as:

60 years for a male,
for females subject to age equalisation (refer to the table in section 5QA VEA).

Service documents are records of a veteran's service in the defence forces. They can be obtained from the Department of Defence and are used to substantiate a veteran's claim.

3.4.2 Age Equalisation For Females

In the 1993-94 Budget the Government announced that the age at which females can be granted an income support pension [3] on the basis of age would be gradually increased to bring it into line with pension age [3] for males.

Income support pension is:

a social security pension [3]
a service pension;
an income support supplement.

Currently, the pension age for a veteran is 60 years of age (VEA 5QA).

The pension age for a non-veteran is determined by the table below:

Date of birth (both dates inclusive)	Age Pension age
1 July 1952 to 31 December 1953	65 years and 6 months
1 January 1954 to 30 June 1955	66 years
1 July 1955 to 31 December 1956	66 years and 6 months
On or after 1 January 1957	67 years

Impact of Equalisation

Last amended: 1 July 2008

Overview of age equalisation for females

VEA ? [385]

Under age equalisation [3][glossary:,:] pension age [3] for females is being gradually increased, the first increase effective from 1 January 1996. It increases in six-month increments every two years so that by 1 January 2014 the pension age for females will be the same as the pension age for males.

Why age equalisation was introduced

The increase in pension age for females is in recognition that females:

live longer than males,
now have an increased participation in the labour force,
level of wages can be expected to further increase in the future, and
have increased access to superannuation.

Eligibility exceptions

The increase in pension age will not affect the eligibility of the following groups:

female veterans who qualify for invalidity service pension [3], More ? [386]
war widows who qualify for income support supplement [3] (ISS). More ? [387]

Superannuation managed investments

Irrespective of what age a female is granted service pension, the pension age (or qualifying age if granted income support supplement) applying at the time of the assessment will be used to determine when any superannuation fund investment they hold becomes assessable under the income and assets test.

More ? [388]

Taxation

Irrespective of what age a female is granted pension, the pension age that is current at the time the pension is received is used to determine whether or not her pension payment is taxable. For taxation purposes, pension age refers to the definition under the Social Security Act 1991, which is the same as the definition for pension age for non-veterans under the Veterans' Entitlements Act 1986.

More ? [389]

Section 5QA [25] VEA

Section 5QB [25] VEA

VEA ? (go back) [390]

Invalidity Service Pension

Section 3.1.3 [29]

More ? (go back) [391]

Income Support Supplement (ISS) eligibility

Chapter 3.2 [282]

More ? (go back) [392]

Superannuation Funds

Chapter 10.4 [378]

More ? (go back) [393]

Taxation

3.4.2/Pension Age for Female Non-Veterans and for Tax Purposes [394]

Chapter 11.6 [72]

More ? (go back) [395]

In order to bring pension age for women in line with that required of men, age equalisation was introduced on 1/7/95. This will increase pension age in six monthly increments every two years for a period of 20 years. Refer to the age equalisation tables in section 5QA of the VEA and section 5QB of the VEA.

Currently, the pension age for a veteran is 60 years of age (VEA 5QA).

The pension age for a non-veteran is determined by the table below:

Date of birth (both dates inclusive)	Age Pension age
1 July 1952 to 31 December 1953	65 years and 6 months
1 January 1954 to 30 June 1955	66 years
1 July 1955 to 31 December 1956	66 years and 6 months
On or after 1 January 1957	67 years

How Equalisation Works

Last amended: 1 July 2008

How do the equalisation timetables work?

Identify the age equalisation timetable applicable to the person's circumstances.

If the person is a female...

Then use the age equalisation timetable labelled...

veteran, or
partner claiming partner service pension, or
war widow claiming income support supplement, or
to whom qualifying age applies to their eligibility to access entitlements or for certain pension assessment rules

Pension Age for Female Veterans and Qualifying Age for Females.

More ? [397]

claiming or receiving service pension to establish the tax status of income support payment, or
to whom pension age applies to their eligibility to access entitlements, or for certain pension assessment rules

Pension Age for Female Non-Veterans.

More ? [398]

When pension age increases

Pension age increases at the start of each 18 month date of birth range. This is calculated by working out the date that a person born on the first day of that date of birth range would reach the relevant pension age.

Six month period where no females turns pension age

In the last 6 months before each increase, it is not possible for a female to gain eligibility on the basis of age. This is because the pension age for a person born on the last day of the date of birth range is 6 months younger than for a person born the following day on the first day of the next date of birth range.

What if there is no corresponding date on calendar

Where pension age is based on a number of years plus six months (eg. 55 years and 6 months), there may be no corresponding date in the calendar six months forward of a person's birthday. For example there is no 30 or 31 February. In this circumstance, the last day in the relevant month is taken as the day the person turns pension age.

Example - Person reaching pension age on non-existent calendar date

A female veteran claiming service pension, was born on 31 August 1941. She reaches pension age at 55 years and 6 months of age.

More ? [399]

This is calculated to be 31 February 1997 (ie 31 August 1996 plus 6 months). As February has only 28 days, there is no such day as 31 February 1997 on the calendar. Therefore, the last day of the month, being 28 February 1997 is taken to be the day she turns pension age.

How pension age/qualifying age should be described

Female pension age/qualifying age should be described with reference to the woman's date of birth. Age equalisation must always be mentioned when referring to female pension age/qualifying age. The following phrases are to be used for describing female pension age/qualifying age:

If you are a veteran born between 1 January 194 — 8 and 30 June 194 — 9, then your pension age is 58 years.
The qualifying age for a partner born on 1 November 1950 is 58 years and 6 months.
The pension age for a non-veteran born on 17 August 1942 is 62 years and 6 months.

3.4.2/Pension Age for Female Veterans and Qualifying Age for Females [400]

More ? (go back) [401]

3.4.2/Pension Age for Female Non-Veterans and for Tax Purposes [394]

More ? (go back) [402]

3.4.2/Pension Age for Female Veterans and Qualifying Age for Females [400]

More ? (go back) [403]

Pension Age for Female Veterans and Qualifying Age for Females

Last amended: 1 July 2008

Application of female veteran pension age

Female veteran pension age applies to females with qualifying service [3] in relation to:

eligibility for age service pension, More ? [405]
eligibility to defer age service pension under the Pension Bonus Scheme, More ? [406]
eligibility to participate in the pension loans scheme, More ? [407]
eligibility of female veteran invalidity service pensioners to receive an Education Entry Payment, More ? [408]
exemption of superannuation managed investments from the income and assets tests, and More ? [409]
compensation recovery rules for female veteran invalidity service pensioners, More ? [410]
eligibility for a Commonwealth Seniors Health Card (CSHC), More ? [411]
special disability trusts disposal of asset rules. More ? [412]

Note: Age service pension is a taxable payment. By virtue of the eligibility criteria for the payment, age service pension is taxable from veteran pension age even though this is not explicit in the tax legislation.

Application of female qualifying age

Female qualifying age applies to:

female partners' eligibility for partner service pension, More ? [413]
war widows' eligibility to defer income support supplement under the Pension Bonus Scheme, More ? [414]
eligibility for female income support supplement recipients to participate in the pension loans scheme, More ? [415]
exemption of superannuation managed investments from the income and assets tests for female income support supplement recipients, More ? [416]
compensation recovery rules for female income support supplement recipients, More ? [417]
eligibility for a Commonwealth Seniors Health Card (CSHC) for war widows, More ? [418]
exemption of excess land under the extended land use test provision for female veterans and non-veterans; and More ? [419]
special disability trusts disposal of asset rules for female income support supplement recipients. More ? [420]

Age equalisation for female veterans and female qualifying age

VEA ? [421]

The following table provides a guide to age equalisation [3] for female veteran pension age and female qualifying age.

For females born between	Pension/qualifying age is
1 July 1940 and 31 December 1941	55 years and 6 months
1 January 1942 and 30 June 1943	56 years
1 July 1943 and 31 December 1944	56 years and 6 months
1 January 1945 and 30 June 1946	57 years
1 July 1946 and 31 December 1947	57 years and 6 months
1 January 1948 and 30 June 1949	58 years
1 July 1949 and 31 December 1950	58 years and 6 months
1 January 1951 and 30 June 1952	59 years
1 July 1952 and 31 December 1953	59 years and 6 months

Pension age is 55 years for females born on and before 30 June 1940 and is 60 years for females born on and after 1 January 1954.

Section 3.1.2 [27]

More ? (go back) [422]

Section 5.6.2 [423]

More ? (go back) [424]

Section 5.4.2 [425]

More ? (go back) [426]

Chapter 5.3 [231]

More ? (go back) [427]

Section 10.4.3 [428]

More ? (go back) [429]

Section 9.11.2 [430]

More ? (go back) [431]

Chapter 5.7 [354]

More ? (go back) [432]

Section 10.3.18 [433]

More ? (go back) [434]

Section 3.1.4 [31]

More ? (go back) [435]

Section 5.6.2 [423]

More ? (go back) [436]

Section 5.4.2 [425]

More ? (go back) [437]

Section 10.4.3

More ? (go back) [438]

Section 9.11.2 [430]

More ? (go back) [439]

Chapter 5.7 [354]

More ? (go back) [440]

Section 9.2.3 [441]

More ? (go back) [442]

Section 10.3.18 [433]

More ? (go back) [443]

Pension Age for veterans

Section 5QA [25] VEA

VEA ? (go back) [444]

Qualifying service is one of the criteria used to determine eligibility for certain benefits under the Veterans' Entitlements Act 1986. Refer to section 7A of the VEA [45] for the full defintion.

Pension Age for Female Non-Veterans and for Tax Purposes

Last amended: 20 September 2009

Application of pension age for female non-veterans

The female pension age for non-veterans is equivalent to female age pension age [3]. It applies to :

eligibility to defer partner service pension under the Pension Bonus Scheme, More ? [446]
eligibility of partner service pensioners to participate in the pension loans scheme, More ? [447]
eligibility of partner service pensioners and income support recipients to receive an Education Entry Payment, More ? [448]
exemption of superannuation managed investments from the income and assets test for female partner service pensioners and female non-pensioner partners, More ? [449]
compensation recovery rules for partner service pensioners, More ? [450]
eligibility for Commonwealth Seniors Health Card (CSHC) for the partner or widow of a veteran, and More ? [451]
special disability trusts disposal of asset rules for partner service pensioners. More ? [452]

Application of pension age for tax purposes

Female pension age is also used to determine the tax status of female veteran invalidity service pension [453], partner [153] service pension [453], and income support supplement [454] for female recipients in certain circumstances.

More ? [455]

Age equalisation for female non-veterans and for tax status

VEA ? [456]

The following table provides a guide to age equalisation [3] for female pension age.

For females born between	Pension age is
01 July 1935 and 31 December 1936	60 years 6 months
01 January 1937 and 30 June 1938	61 years
01 July 1938 and 31 December 1939	61 years 6 months
01 January 1940 and 30 June 1941	62 years
01 July 1941 and 31 December 1942	62 years 6 months
01 January 1943 and 30 June 1944	63 years
01 July 1944 and 31 December 1945	63 years 6 months
01 January 1946 and 30 June 1947	64 years
01 July 1947 and 31 December 1948	64 years 6 months
1 January 1949 and 30 June 1952	65 years

Pension age is 60 years for females born on and before 30 June 1935.

Females born on or after 1 July 1952 will be affected by the increases to pension age for non-veterans.

More ? [457]

Section 5.6.2 [423]

More ? (go back) [458]

Section 5.4.2 [425]

More ? (go back) [459]

Chapter 5.3 [231]

More ? (go back) [460]

Section 10.4.3

More ? (go back) [461]

Section 9.11.2 [430]

More ? (go back) [462]

Chapter 5.7 [354]

More ? (go back) [463]

Section 10.3.18 [433]

More ? (go back) [464]

Section 11.6.3 [465]

More ? (go back) [466]

Pension Age for non-veterans

Section 5QB [25] VEA

VEA ? (go back) [467]

Increase to pension age for persons other than veterans

Section 3.4.1 [468]

More ? (go back) [469]

Age Pension Age refers to pension age [3] as defined under the Social Security Act 1991, that is, pension age for people other than veterans.

3.5 Residency

Last amended

Thursday, May 24, 2018

Overview

Residency means to live or dwell in a place permanently or for a considerable time.

One of the basic requirements when lodging a claim for service pension [3], income support supplement [3] (ISS [3]) or veteran payment, is that the person lodging the claim, or the person on whose behalf the claim is lodged, is an Australian resident [3] and is physically present in Australia [3] at the time of claim.

A person not residing in Australia, who is already in receipt of certain types of pension, may be eligible to transfer to ISS or a service pension.

An additional requirement to have been an Australian resident for a continuous period of ten years applies to Commonwealth and Allied veterans and Allied mariners. However, if such a person is a refugee, former refugee, or became permanently incapacitated while an Australian resident, the ten-year requirement does not apply.

A concession to the ten-year requirement can be applied where a person has multiple periods of residency, each of which is less than ten years. In such cases a formula is used to calculate the minimum period of residency acceptable.

Members of the forces of a Commonwealth or Allied country, must establish their domicile to be eligible to claim disability pension and related medical benefits and extra medical benefits associated with the service pension.

3.5.1 Australian Residents

Overview

In order to establish residency, it must first be decided if a person is an Australian resident. This section provides details of what constitutes an Australian resident.

Definition

An Australian resident is a person who:

resides in Australia [3]; and
is one of the following:

an Australian citizen;
the holder of a permanent visa;
the holder of a special category visa who is likely to remain permanently in Australia;
the holder of a special purpose visa who is likely to remain permanently in Australia.

Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:

Christmas Island
Cocos (Keeling) Islands

Residing in Australia

Last amended: 21 July 2008

Overview

In order to establish residency, it must first be decided if a person is an Australian resident [3]. The first criteria for being an Australian resident is for a person to reside in Australia. Below are details of what constitutes a person who can be considered to “reside in Australia”.

More → [475]

Definition

A person is accepted as residing in Australia [3] if:

the person is in Australia; and
the decision maker considers it is the person's intention to establish a home in Australia (in contrast to being a visitor).

Factors to be considered

The question of whether a person is residing in Australia must be decided on the evidence available in each case. The factors that are to be taken into consideration include:

the person's legal residency status in Australia and the history of the person's residence and movements;
the purpose and expected length of the person's stay in Australia as notified to the Department of Immigration and Border Protection;
if the person often travels to and from Australia, the frequency, purpose, regularity and length of these visits;
whether the person spends more time in Australia than overseas;
the person's accommodation arrangements, and whether or not they have made provision for an extended period of accommodation in Australia;
the person's family relationships in Australia;
the nature and extent of assets, employment, business, or financial ties with Australia; and
any other relevant matter.

Note: A person does not need to be continuously present in Australia in order to be residing here. A person holidaying, or working temporarily, overseas does not necessarily cease to reside in Australia while they are away. On the other hand, a person who spends more time overseas than in Australia would not usually be considered to be residing in Australia.

Careful assessment of a person's overall intent to establish themselves permanently in Australia is particularly important where a test of continuous residency applies.

Short-term Residence

In all cases, the applicant must be in Australia on a permanent basis. The VEA prohibits portability of pension where a claim is based on short-term residence.

More → [476]

More → (go back) [478]

Chapter 11.4 Portability of Pensions & Allowances [479]

More → (go back) [480]

An Australian resident is a person who:

resides in Australia; and
is one of the following:

an Australian citizen;
the holder of a permanent visa;
the holder of a special category visa who is likely to remain permanently in Australia;
the holder of a special purpose visa who is likely to remain permanently in Australia.

Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:

Christmas Island
Cocos (Keeling) Islands

Australian Citizen

Overview

In order to establish residency, it must first be decided if a person is an Australian resident [3]. One definition of an Australian resident is a person who resides in Australia [3] and is an Australian citizen. Below are details of what constitutes an Australian citizen.

Definition

A person may become an Australian citizen by:

birth;
adoption; or
naturalisation.

Citizenship by Birth

The following table shows who is considered to be an Australian citizen by birth.

If born in Australia...	And at the time of birth...	Then citizenship was acquired...
before 26 January 1949		on 26 January 1949
between 26 January 1949 and 19 August 1986	neither parent was a foreign diplomatic or consular official	at birth
on or after 20 August 1986	at least one parent is either an Australian citizen or permanent resident of Australia	at birth

Note: - Children born overseas to a parent who is an Australian citizen will become an Australian citizen by descent. A person born on Norfolk Island is entitled to Australian citizenship under the Australian Citizenship Act 2007 (Cth) as long as one parent is an Australian citizen or a permanent resident of Australia (including Norfolk Island).

Between 1 September 1994 and 26 February 2001, people born in Australia to New Zealand parents became Australian citizens at birth if the parents were present in Australia as Special Category Visa holders. From 27 February 2001, people born in Australia to New Zealand citizen parents generally do not become an Australian citizen at birth, except under special circumstances.

Citizenship by Adoption

A child who is a permanent resident and who is legally adopted in Australia acquires Australian citizenship automatically when adopted if at least one adoptive parent is an Australian citizen at the time.

Children adopted overseas by Australian citizens may be granted citizenship.

Citizenship by Naturalisation

In order to qualify for Australian citizenship, applicants will need:

4 years lawful residence in Australia prior to making an application for Australian citizenship, with at least 12 months as a permanent resident, and
Absences from Australia of no more than 12 months in total of the 4 years prior to application, and no more than 3 months in the 12 month permanent residency period prior to application.

Alternatively, a person is eligible to become an Australian citizen if they have completed relevant defence service at the time of application. Relevant defence service includes:

that the person has completed at least 3 months service in the permanent forces of the Commonwealth, or
at least 6 months in the Naval Reserve, the Army Reserve or the Air Force Reserve, or
was discharged from that service as medically unfit for that service or who became so unfit because of that service.

In addition to the residency requirement, people applying for Australian citizenship must also possess a basic knowledge of the English language and have an adequate understanding of the responsibilities and privileges of Australian citizenship.

Surrendered Citizenship

People who had given up or lost citizenship can reapply for citizenship through Department of Immigration and Citizenship after a period of 12 months.

Note – the Australian Citizenship Act 2007 also provides provision for foreign nationals.

An Australian resident is a person who:

resides in Australia; and
is one of the following:

an Australian citizen;
the holder of a permanent visa;
the holder of a special category visa who is likely to remain permanently in Australia;
the holder of a special purpose visa who is likely to remain permanently in Australia.

Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:

Christmas Island
Cocos (Keeling) Islands

Permanent and Temporary Visas

Overview

In order to establish residency, it must first be decided if a person is an Australian resident [3]. One definition of an Australian resident is a person who resides in Australia [3] and is the holder of a permanent visa. Below are details of what constitutes a permanent visa and temporary visa.

More ? [483]

Permanent Visa

Permanent visas do satisfy the requirements for Australian residence. A permanent visa is permission to travel to, enter and stay in Australia for an indefinite period of time.

Temporary Visa

Temporary visas don't satisfy the requirements for Australian residence, except if issued as a special category or special purpose visa.

A temporary visa is permission to travel to, enter and stay in Australia

for a specified period; or
until a specified event happens; or
while the holder has a specified status.

Once a person has entered Australia under a temporary visa they can apply for a change of visa status to permanent residence.

More ? [484]

More ? (go back) [485]

More ? (go back) [487]

An Australian resident is a person who:

resides in Australia; and
is one of the following:

an Australian citizen;
the holder of a permanent visa;
the holder of a special category visa who is likely to remain permanently in Australia;
the holder of a special purpose visa who is likely to remain permanently in Australia.

Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:

Christmas Island
Cocos (Keeling) Islands

Special Category Visa

Overview

In order to establish residency, it must first be decided if a person is an Australian resident [3]. One definition of an Australian resident is a person who resides in Australia [3], is the holder of a special category visa and is likely to remain permanently in Australia. Below are details of what constitutes a special category visa.

More ? [489]

Who's Eligible

A special category visa is issued to New Zealand citizens entering Australia that permits them to live and work in Australia indefinitely. There is no formal application process for the visa. When the New Zealand passport is presented at immigration clearance, it will be stamped showing the date of arrival in Australia. This is the only evidence provided, or necessary to show they are holders of a special category visa.

More ? (go back) [490]

An Australian resident is a person who:

resides in Australia; and
is one of the following:

an Australian citizen;
the holder of a permanent visa;
the holder of a special category visa who is likely to remain permanently in Australia;
the holder of a special purpose visa who is likely to remain permanently in Australia.

Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:

Christmas Island
Cocos (Keeling) Islands

Special Purpose Visa

Overview

In order to establish residency, it must first be decided if a person is an Australian resident [3]. One definition of an Australian resident is a person who resides in Australia [3], is the holder of a special purpose visa and is likely to remain permanently in Australia. Below are details of what constitutes a special purpose visa.

More ? [492]

Who's Eligible

A special purpose visa is a temporary visa issued to a non-citizen:

with a prescribed status [3]; or
who is declared, in writing, by the Minister for Immigration and Citizenship to be deemed to have a prescribed status.

Who's Not Eligible

The Minister for Immigration and Citizenship may make a written declaration, that it is undesirable that a person or class of persons be issued with a special purpose visa.

Example: - Persons not Considered to have Prescribed Status

The following are examples of persons that do not have a prescribed status and therefore have no legal right to stay in Australia:

people who enter Australia without a current visa, (eg stowaways or seamen who have deserted their ships without leave);
people whose temporary visa expires or is cancelled by the Minister for Immigration and Citizenship; or
people who become absent without leave or cease to be members of the forces of another Commonwealth country.

More ? (go back) [493]

An Australian resident is a person who:

resides in Australia; and
is one of the following:

an Australian citizen;
the holder of a permanent visa;
the holder of a special category visa who is likely to remain permanently in Australia;
the holder of a special purpose visa who is likely to remain permanently in Australia.

Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:

Christmas Island
Cocos (Keeling) Islands

The following persons are considered to have a prescribed status for the purpose of receiving a special purpose visa:

members of the Royal Family and Royal Party;
guests of the government;
SOFA forces members and SOFA forces civilian component members;
Asia-Pacific forces members;
Commonwealth forces members;
foreign armed forces dependants;
foreign naval forces members;
members and family of the crew of non-military ships (other than ships being imported into Australia);
members of the crew of ships being imported into Australia;
airline crew members and airline positioning crew members;
persons visiting or in transit to or from Macquarie Island
children born in Australia:

of a mother who at the time of the birth holds a special purpose visa, if only the mother is in Australia at that time; or
to parents both of whom, at the time of birth, hold special purpose visas, if at that time both parents are in Australia;

Indonesian citizens, or persons having a right to return to Indonesia, visiting the casino on Christmas Island;
Singaporean citizens visiting the casino on Christmas Island.

3.5.2 Periods of Residency

Overview

To claim a service pension [3] or ISS [3] a person must be an Australian resident [3] and be in Australia [3] at the time of claim. This section details how long a person must reside in Australia before becoming entitled to claim service pension.

An Australian resident is a person who:

resides in Australia; and
is one of the following:

an Australian citizen;
the holder of a permanent visa;
the holder of a special category visa who is likely to remain permanently in Australia;
the holder of a special purpose visa who is likely to remain permanently in Australia.

Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:

Christmas Island
Cocos (Keeling) Islands

Required Periods of Residency

Last amended: 31 July 2013

Overview

For a person to claim a service pension [3] or ISS [3], they must have resided in Australia [3] for a certain period of time. Below are details of how long a person must reside in Australia.

More ? [496]

Australian Residents

VEA ? [497]

Australian residents [3] residing in Australia are not required to meet any minimum residency period, however they must be in Australia:

on the day on which the claim is lodged.

Note: - Persons automatically granted ISS, do not actually lodge a formal claim and therefore have no requirement for a minimum period of residency.

More ? [498]

Person not eligible at the time of claim

VEA ? [499]

For persons who do not meet the eligibility requirements for service pension at the time of lodging a claim, they must:

remain in Australia until the earliest date from which the pension could be authorised to be paid (not applicable to ISS claimants). If the person ceases to be an Australian resident before the earliest date from which the pension could be authorised to be paid, the person is not eligible for service pension. More ? [500]

Commonwealth Veterans, Allied Veterans and Allied Mariners

For service pension [3] purposes only, Commonwealth veterans, Allied veterans and Allied mariners, in addition to the residency requirement for Australian residents, must also demonstrate that they have, at any time, been an Australian resident for a continuous period of at least ten years.

More ? [501]

Exemption to the ten year residency rules

VEA ? [502]

Commonwealth veterans, Allied veterans and Allied mariners are exempted from the ten year continuous residency period in the following circumstances:

if the veteran became permanently incapacitated for work while the veteran was an Australian resident, and
if the veteran's permanent incapacity for work was not brought about with a view to obtaining a service pension or a social security pension, and
if the veteran does not have an enforceable claim against any person for adequate compensation in respect of the permanent incapacity, or
if the person is a refugee or former refugee as defined under sub-sections 5C(4) and 5C(5) of the VEA

Note: The Global Special Humanitarian Visa (class XB) has replaced the Refugee and Humanitarian (Migrant) (class BA) visa identified in Schedule 2A [25] of the VEA. The Global Special Humanitarian Visa serves exactly the same purpose of providing protection for people who are unable to live safely in their country of origin, and is equivalent to the class BA visa. Holders of this visa therefore satisfy the definition of refugee under the VEA

More ? (go back) [503]

Section 36H(1) [25] VEA

Section 37H(1) [25] VEA

Section 45M(1) [25] VEA

VEA ? (go back) [504]

3.5.2/Continuous Period [505]

More ? (go back) [506]

Section 36(4) [25] VEA

Section 37(6) [25] VEA

VEA ? (go back) [507]

Section 3.5.2 Continuous Period — Section 1.1.3 Commonwealth and Allied Veterans [65]

More ? (go back) [508]

More ? (go back) [509]

Additional eligibility criteria does not apply in certain circumstances

Section 37(3A) [25] VEA

Section 37(5) [25] VEA

Section 5C(4) [25] VEA

Schedule 2A [25] VEA

VEA ? (go back) [510]

Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:

Christmas Island
Cocos (Keeling) Islands

An Australian resident is a person who:

resides in Australia; and
is one of the following:

an Australian citizen;
the holder of a permanent visa;
the holder of a special category visa who is likely to remain permanently in Australia;
the holder of a special purpose visa who is likely to remain permanently in Australia.

Continuous Period

10 years Continuous Period

VEA ? [512]

A Commonwealth veteran, Allied veteran or Allied mariner applying for service pension [3] must, in addition to being an Australian resident [3] and residing in Australia [3], have at any time, been an Australian resident for a continuous period of at least 10 years [Sections 36(2) VEA and 37(3) VEA refer].

More ? [513]

Exceptions

An exception to the 10 year residency requirement exists for Commonwealth veterans, Allied veterans and Allied mariners if, for service pension purposes they are considered to be:

[glossary:permanently incapacitated:] [glossary:(for the purpose of invalidity:] [514] [glossary:service pension:][glossary:):] [453]; and

the person became permanently incapacitated for work while an Australian resident;
the person's permanent incapacity for work was not brought about with a view to obtaining a service pension or a social security pension; and
the person does not have an enforceable claim against any person, under any law or contract, for adequate compensation in respect of the permanent incapacity; or

a refugee or former refugee [3] More ? [515]

Concession

A concession to the ten year requirement can be applied where a person has multiple periods of residency, each of which is less than ten years.

Section 36(2) [25] VEA

Section 37(3) [25] VEA

VEA ? (go back) [516]

Section 1.1.3 Commonwealth and Allied Veterans [517]

More ? (go back) [518]

Chapter 3.6 Permanent Incapacity [106]

Section 3.5.2 Further Periods of Residence Required [65]

More ? (go back) [519]

An Australian resident is a person who:

resides in Australia; and
is one of the following:

an Australian citizen;
the holder of a permanent visa;
the holder of a special category visa who is likely to remain permanently in Australia;
the holder of a special purpose visa who is likely to remain permanently in Australia.

Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:

Christmas Island
Cocos (Keeling) Islands

A former refugee means a person who was a refugee but does not include a person who ceased to be a refugee because his or her entry permit or visa was cancelled.

Concession to Continuous Period

Overview

A Commonwealth veteran, Allied veteran or Allied mariner applying for service pension [3] must, be an Australian resident [3] and have resided in Australia [3] for a continuous period of at least 10 years. However a concession to the ten year requirement may be applied where a person has multiple periods of residency. Below are details of who is entitled to the concession and the formula for calculating it.

More ? [521]

Eligibility for the Concession

This concession reduces the requirement for 10 years' continuous Australian residency, provided the following criteria are met:

the veteran was an Australian resident for more than one period; and
at least one of those periods is less than ten years but is not less than five years; and
the aggregate of all periods is more than 10 years.

Under this criteria, the required period of continuous residence is reduced by the period by which the aggregate of all periods exceeds 10 years.

More ? [522]

Formula

Aggregate residence= (total of all periods)

Excess= (aggregate) - 10

Concessional period of residency required= 10 - (excess)

Example: Someone who has Residency

Periods of residence — 7 years, 5 years and 4 years

Aggregate residence — 7 + 5 + 4= 16 years

Excess — 16 - 10= 6 years

Concessional period of residency required — 10 - 6= 4 years

Therefore, as the continuous period of residency required is only 4 years and this person has already exceeded that period, this person would immediately be eligible.

Example: Someone who does not have Residency

Periods of residence — 6 years and 5 years

Aggregate residence — 6 + 5= 11 years

Excess — 11 - 10= 1 year

Concessional period of residency required — 10 - 1= 9 years

Therefore, as the continuous period of residency required is 9 years and this person has not reached that amount with either period of residence, this person is not yet eligible.

Calculation of Further Periods of Residence Required

If under the concessional formula, the veteran is not yet eligible, the period of residence still required is calculated using additional formulas.

Section 1.1.3 Commonwealth and Allied Veterans [517]

More ? (go back) [523]

Section 3.5.2 Further Periods of Residence Required [65]

Section 1.1.3 Commonwealth and Allied Veterans [517]

Section 1.1.4 Allied Merchant Mariners [524]

3.5.2/Continuous Period [505]

More ? (go back) [525]

An Australian resident is a person who:

resides in Australia; and
is one of the following:

an Australian citizen;
the holder of a permanent visa;
the holder of a special category visa who is likely to remain permanently in Australia;
the holder of a special purpose visa who is likely to remain permanently in Australia.

Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:

Christmas Island
Cocos (Keeling) Islands

Further Periods of Residence Required

Overview

A Commonwealth veteran, Allied veteran or Allied mariner applying for service pension [3] must be an Australian resident [3] and have resided in Australia [3] for a continuous period of at least 10 years. However, a concession to the ten year requirement may be applied where a person has multiple periods of residency. Below are details of how to calculate the further periods of residence required of a person, before they meet the period of residency required under the concession.

More ? [527]

When to apply additional formulas

The period of continuous residence still required is determined by using additional formulae, where:

a Commonwealth veteran, Allied veteran or Allied mariner applies for service pension [3]; and
has been an Australian resident [3] for more than one period; and
is not yet eligible under the concessional formula. More ? [528]

Which formula ?

If...

Then, the further period of residence required is given by...

each period of residence is less than 5 years

Formula 1

[20 - (Aggregate residence + Current period of residence)] ? 2

at least one period of residence equals or exceeds 5 years

The lesser of

Formula 1

[20 - (Aggregate residence + Current period of residence)] ? 2; and

Formula 2

20 - (Aggregate residence + Longest period of residence)

Example: Each period of residence is less than 5 years

Periods of residence are 4 years, 4 years and current period of 3 years.

Formula 1[ 20 - (11 + 3) ] ? 2 = 3

Thus three more years of continuous residence are required

When the additional three years' residence are completed, the periods of residence will be 4, 4 and 6 years. These new periods of residency meet the residency requirements, under the concessional formula.

Example: One period of residence equal to or exceeding 5 years

Periods of residence are 8 years and current period of 1 year.

formula 1[ 20 - (9 + 1) ] ? 2 = 5

formula 2 — 20 - (9 + 8) = 3

As the answer to formula 2 is the lesser period, 3 more years of continuous residence are required.

When the additional 3 years' residence are completed, the periods of residence will be 8 and 4 years. These new periods of residency meet the residency requirements under the concessional formula.

More ? [529]

3.5.2/Concession to Continuous Period [530]

More ? (go back) [531]

Section 1.1.3 Commonwealth and Allied Veterans [517]

More ? (go back) [532]

More ? (go back) [533]

An Australian resident is a person who:

resides in Australia; and
is one of the following:

an Australian citizen;
the holder of a permanent visa;
the holder of a special category visa who is likely to remain permanently in Australia;
the holder of a special purpose visa who is likely to remain permanently in Australia.

Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:

Christmas Island
Cocos (Keeling) Islands

An Australian resident is a person who:

resides in Australia; and
is one of the following:

an Australian citizen;
the holder of a permanent visa;
the holder of a special category visa who is likely to remain permanently in Australia;
the holder of a special purpose visa who is likely to remain permanently in Australia.

3.5.3 Persons not Residing in Australia

VEA ? [535]

Eligible Claimants

A person who is physically outside Australia [3], can lodge a claim for service pension [3] or ISS [3], only if they are already in receipt of:

age service pension; or
invalidity service pension; or
partner service pension; or
income support supplement; or
a social security pension [3], if the person would, should that pension be cancelled, be eligible for a service pension or ISS.

Transfer to SP or ISS

A person receiving one of the above payments may transfer to a service pension or ISS if he or she would be eligible for the grant of the applicable pension as an Australian resident [3] residing in Australia.

More ? [536]

Lodging Claims for Service pension outside Australia

Section 36H(2) [25] VEA

Section 37H(2) [25] VEA

Section 38H(2) [25] VEA

Section 45M(2) [25] VEA

VEA ? (go back) [537]