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Part 3 Income Support Eligibility

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3.1 Service Pension Eligibility

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This chapter outlines the eligibility requirements for different types of service pension [3].

See Also

Service Pension Eligibility

Part 2 Applying for a Pension [4]

Chapter 3.3 Service Pension and ISS Payability [5]

Part 5 Income Support Allowances & Benefits [6]

Chapter 5.1 — 2 Pension Supplement [7]

Chapter 7.1 Treatment at Departmental Expense [8]

Part 9 Principles for Determining Pension Rate [9]

Chapter 12.1 Recipient Obligations [10]

Chapter 12.5 Reviews and Appeals [11]


A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

3.1.1 Overview of Service Pension Eligibility

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Last amended: 8 September 2006

    

VEA ? [13]

What is a service pension?

Service pension [3] is a means tested [3] income support payment [3], that provides a regular income for people with limited means. Service pension is broadly equivalent to the Centrelink [3] age and disability support pensions [3]. Although similar to such pensions, service pension has certain advantages over the equivalent Centrelink payments. These include:

  • service pension is payable five years earlier than [glossary:age pension:][glossary:,:] [14] and
  • Australian veterans [3] in receipt of service pension may have more beneficial health care entitlement.
When is it paid?

Service pension is paid fortnightly, based on daily entitlements. The rate of service pension is adjusted twice-yearly, in March and September, in line with movements in the cost of living and/or average wages.

Who is eligible for service pension?

Service pension is primarily payable to veterans. However, the VEA [3] also provides for payment of service pension to certain partners [3] and certain widows [3][glossary:/:]widowers [3] of veterans.

Different types of service pension

There are three different forms of service pension:

  • age,     More ? [15]
  • invalidity, and     More ? [16]
  • partner.     More ? [17]
Factors that affect the rate of service pension

There are a number of factors that determine the rate of service pension, such as:    

More ? [18]

  • marital status,     More ? [19]
  • income [3], and     More ? [20]
  • assets [3].     More ? [21]
Allowances and benefits accessed by a service pensioner

There are a number of allowances and benefits that can be accessed by a service pensioner, if the person meets the relevant eligibility criteria.     

More ? [22]

Restrictions on dual pensions

    

VEA ? [23]

Restrictions exist on the payment of dual pensions.    

More ? [24]


Section 5Q(1) [25] VEA

VEA ? (go back) [26]

Section 3.1.2 Age Service Pension [27]

More ? (go back) [28]

Section 3.1.3 Invalidity Service Pension [29]

More ? (go back) [30]

Section 3.1.4 Partner Service Pension [31]

More ? (go back) [32]

Part 9 Principles for determining pension rate [9]

More ? (go back) [33]

Chapter 9.3 Marital Status [34]

More ? (go back) [35]

Chapter 10.1 Ordinary Income [36]

More ? (go back) [37]

Chapter 10.2 Assets [38]

More ? (go back) [39]

Part 5 Income Support Allowances and Benefits [6]

Part 7 Common Allowances and Benefits [40]

More ? (go back) [41]

Restrictions on Dual Pensions

Section 38C [25] VEA

VEA ? (go back) [42]

Restrictions on Dual Pensions

Chapter 3.8 [43]

More ? (go back) [44]

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

Means testing is application of the income test [3] and the assets test [3] to determine a person's rate of pension.  The rate that is payable to a person is the lesser of the rates determined under each test.  All income support pensions paid by DVA are means tested.

 

 

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.

 

 

Centrelink is a Government service delivery agency responsible for delivering a range of Commonwealth Government services (including social security pensions and allowances) to the Australian community through a network of more than 400 Centrelink offices.

A Disability Support pension is paid by Centrelink to claimants with a significant and long term inability to work and is broadly equivalent to an Invalidity service pension paid by DVA.

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.

 

 

Veterans' Entitlements Act 1986.

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

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.

 

 

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.

3.1.2 Age Service Pension

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Last amended: 8 September 2006

    

VEA ? [48]

Eligibility criteria

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

  • is a veteran [3],     More ? [49]
  • has rendered qualifying service [3],     More ? [50]
  • has reached pension age [3], and
  • meets the additional residency requirements, if a Commonwealth veteran [3], allied veteran [3] or allied mariner.     More ? [51]
Lodging a claim

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

More ? [52]

Payability

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

  • the person is receiving another income support payment, or
  • the rate of pension is nil.     More ? [53]
War widows/widowers

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

More ? [54]

Pension age and permanently incapacitated

If a veteran is eligible for age service pension, but is below age pension age [3] and incapacitated for work, they may be eligible for invalidity service pension. The advantage of this is that invalidity service pension is not subject to income tax.    

More ? [55]

Taxation

Age service pension is subject to income tax.     

More ? [56]

Restrictions on dual pensions

    

VEA ? [57]

Restrictions exist on the payment of dual pensions.    

More ? [58]


Section 36 [25] VEA

VEA ? (go back) [59]

Chapter 1.1 Veterans [60]

More ? (go back) [61]

Chapter 1.2 Service Types [62]

More ? (go back) [63]

1.1.4/Allied Merchant Mariners [64]

Section 3.5.2 Periods of Residency [65]

More ? (go back) [66]

Chapter 2.1 Claims [67]

More ? (go back) [68]

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

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]

Chapter 11.6 Taxation [72]

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

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Last amended: 1 July 2013

    

VEA ? [84]

 

Eligibility criteria

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

  • 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]

 

1.1.4/Allied Merchant Mariners [64]

Section 3.5.2 Periods of Residency [65]

 

More ? (go back) [108]

 

Chapter 2.1 Claims [67]

 

More ? (go back) [109]

 

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

 

More ? (go back) [110]

 

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

 

More ? (go back) [111]

 

Chapter 11.6 Taxation [72]

 

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

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

 

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.

 

 

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

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.

 

 

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

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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

  • Log in [136] to post comments

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]

 

Chapter 11.6 Taxation [72]

 

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.

 

 

Centrelink is a Government service delivery agency responsible for delivering a range of Commonwealth Government services (including social security pensions and allowances) to the Australian community through a network of more than 400 Centrelink offices.

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.

 

 

Centrelink is a Government service delivery agency responsible for delivering a range of Commonwealth Government services (including social security pensions and allowances) to the Australian community through a network of more than 400 Centrelink offices.

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.

 

 

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.

 

 

Centrelink is a Government service delivery agency responsible for delivering a range of Commonwealth Government services (including social security pensions and allowances) to the Australian community through a network of more than 400 Centrelink offices.

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.

 

 

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

  • Log in [184] to post comments

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

  • Log in [193] to post comments

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

See Also

Income Support Supplement (ISS) Eligibility

Part 2 Applying for a Pension [4]

Chapter 4.2 War Widow's/Widower's Pension Eligibility [194]


3.2.1 Overview of Income Support Supplement (ISS)

  • Log in [195] to post comments

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

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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]

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

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]

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.

 

 

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.

 

 

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

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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]

Chapter 11.6 Taxation [72]

More ? (go back) [279]

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.

 

 

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.

 

 

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.

 

 

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

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

See Also

Service Pension & Income Support Supplement Payability

Chapter 2.1 Claims [67]

Chapter 3.1 Service Pension Eligibility [281]

Chapter 3.2 Income Support Supplement (ISS) Eligibility [282]

Chapter 3.7 Comparable Foreign Pensions [283]

Chapter 3.8 Restrictions on Dual Pensions [43]

Chapter 3.1 — 1 Advances [284]

Chapter 5.8 Fringe Benefits [229]

Chapter 7.1 Treatment at Departmental Expense [8]

Chapter 9.1 Income and Assets Test Principles [285]

Chapter 9.1 — 1 Compensation Recovery [116]

Chapter 12.1 Recipient Obligations [10]

Chapter 12.3 Data Matching [286]


3.3.1 Overview of Service Pension and Income Support Supplement Payability

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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]


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

More ? (go back) [291]

Section 3.3.3 Compensation Affected Payability [292]

More ? (go back) [293]

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.

 

 

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

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

  • Log in [294] to post comments

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

Chapter 2.1 Claims [67]

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 2.1 Claims [67]

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

Chapter 7.1 Treatment at Departmental Expense [8]

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]

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

ISS is an income support payment that may be paid to eligible war widows and widowers under the VEA and persons receiving wholly dependent partners' compensation under the MRCA, and who satisfy the means tests. It is an indexed rate, increased twice-yearly in March and September in line with changes to the cost of living and/or average wages. Income Support Supplement (ISS) legislation commenced on 20 March 1995. It is a payment created to replace the ceiling rate income support age, carer, wife and disability support pensions, paid to war widows/widowers by Centrelink.

 

 

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).

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

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.

 

 

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

 

 

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.

 

 

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

  • Log in [340] to post comments
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:

(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.

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

  • Log in [350] to post comments
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.

 

See Also

Age

Chapter 2.2 Proof of Identity [351]

Chapter 3.1 Service Pension Eligibility [281]

Chapter 3.2 Income Support Supplement Eligibility [282]

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

Chapter 3A Eligibility Requirements for Veteran Payment [352]

Chapter 5.6 Pension Bonus Scheme [353]

Chapter 5.7 Commonwealth Seniors' Health Card [354]

Part 9 Principles for Determining Pension Rate [9]

Chapter 11.6 Taxation [72]


 

 

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

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).

3.4.1 Age Requirements

  • Log in [355] to post comments
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).

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

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.

 

 

Centrelink is a Government service delivery agency responsible for delivering a range of Commonwealth Government services (including social security pensions and allowances) to the Australian community through a network of more than 400 Centrelink offices.

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.

 

 

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).

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.

 

 

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

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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

  • Log in [384] to post comments

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

 

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

ISS is an income support payment that may be paid to eligible war widows and widowers under the VEA and persons receiving wholly dependent partners' compensation under the MRCA, and who satisfy the means tests. It is an indexed rate, increased twice-yearly in March and September in line with changes to the cost of living and/or average wages. Income Support Supplement (ISS) legislation commenced on 20 March 1995. It is a payment created to replace the ceiling rate income support age, carer, wife and disability support pensions, paid to war widows/widowers by Centrelink.

 

 

How Equalisation Works

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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

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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.

 

 

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.

 

 

Pension Age for Female Non-Veterans and for Tax Purposes

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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.

 

 

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.

 

 

3.5 Residency

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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.

 

See Also

Residency

Part 1 Service Requirements [471]

Part 2 Applying for a Pension [4]


 

 

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

ISS is an income support payment that may be paid to eligible war widows and widowers under the VEA and persons receiving wholly dependent partners' compensation under the MRCA, and who satisfy the means tests. It is an indexed rate, increased twice-yearly in March and September in line with changes to the cost of living and/or average wages. Income Support Supplement (ISS) legislation commenced on 20 March 1995. It is a payment created to replace the ceiling rate income support age, carer, wife and disability support pensions, paid to war widows/widowers by Centrelink.

 

 

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.

 

 

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

Subsection 5Q(1) of the VEA [472] provides specifically that the definition of Australia includes the external territories for many VEA purposes including Part III, IIIAB, some parts of Part IIIB, Parts IIID, VIIA, VIIC and sections 52ZO, 58A, and 132.  Norfolk Island] is currently the only external territory of Australia. For the above VEA sections, which cover service pension [3], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [3] and Commonwealth Seniors Health Card [3] purposes it is considered to be part of Australia. The test of residing in Australia does not by itself satisfy the full definition of Australian Resident [3], as residency also requires Australian citizenship or the holding of a specified visa.

Papua New Guinea [3] and Nauru [3] have both previously been external territories of Australia.  Lord Howe Island and Macquarie Island, formerly regarded as separate islands, are now part of mainland NSW and Tasmania respectively.

 

 

3.5.1 Australian Residents

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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

Subsection 5Q(1) of the VEA [472] provides specifically that the definition of Australia includes the external territories for many VEA purposes including Part III, IIIAB, some parts of Part IIIB, Parts IIID, VIIA, VIIC and sections 52ZO, 58A, and 132.  Norfolk Island] is currently the only external territory of Australia. For the above VEA sections, which cover service pension [3], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [3] and Commonwealth Seniors Health Card [3] purposes it is considered to be part of Australia. The test of residing in Australia does not by itself satisfy the full definition of Australian Resident [3], as residency also requires Australian citizenship or the holding of a specified visa.

Papua New Guinea [3] and Nauru [3] have both previously been external territories of Australia.  Lord Howe Island and Macquarie Island, formerly regarded as separate islands, are now part of mainland NSW and Tasmania respectively.

 

 

Residing in Australia

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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]

 


 

 

 

3.5.2/Required Periods of Residency [477]

 

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

Subsection 5Q(1) of the VEA [472] provides specifically that the definition of Australia includes the external territories for many VEA purposes including Part III, IIIAB, some parts of Part IIIB, Parts IIID, VIIA, VIIC and sections 52ZO, 58A, and 132.  Norfolk Island] is currently the only external territory of Australia. For the above VEA sections, which cover service pension [3], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [3] and Commonwealth Seniors Health Card [3] purposes it is considered to be part of Australia. The test of residing in Australia does not by itself satisfy the full definition of Australian Resident [3], as residency also requires Australian citizenship or the holding of a specified visa.

Papua New Guinea [3] and Nauru [3] have both previously been external territories of Australia.  Lord Howe Island and Macquarie Island, formerly regarded as separate islands, are now part of mainland NSW and Tasmania respectively.

 

 

Australian Citizen

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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

Subsection 5Q(1) of the VEA [472] provides specifically that the definition of Australia includes the external territories for many VEA purposes including Part III, IIIAB, some parts of Part IIIB, Parts IIID, VIIA, VIIC and sections 52ZO, 58A, and 132.  Norfolk Island] is currently the only external territory of Australia. For the above VEA sections, which cover service pension [3], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [3] and Commonwealth Seniors Health Card [3] purposes it is considered to be part of Australia. The test of residing in Australia does not by itself satisfy the full definition of Australian Resident [3], as residency also requires Australian citizenship or the holding of a specified visa.

Papua New Guinea [3] and Nauru [3] have both previously been external territories of Australia.  Lord Howe Island and Macquarie Island, formerly regarded as separate islands, are now part of mainland NSW and Tasmania respectively.

 

 

Permanent and Temporary Visas

  • Log in [482] to post comments
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]


3.5.2/Required Periods of Residency [477]

More ? (go back) [485]

Section 3.5.1 Australian Residents [486]

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

Subsection 5Q(1) of the VEA [472] provides specifically that the definition of Australia includes the external territories for many VEA purposes including Part III, IIIAB, some parts of Part IIIB, Parts IIID, VIIA, VIIC and sections 52ZO, 58A, and 132.  Norfolk Island] is currently the only external territory of Australia. For the above VEA sections, which cover service pension [3], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [3] and Commonwealth Seniors Health Card [3] purposes it is considered to be part of Australia. The test of residing in Australia does not by itself satisfy the full definition of Australian Resident [3], as residency also requires Australian citizenship or the holding of a specified visa.

Papua New Guinea [3] and Nauru [3] have both previously been external territories of Australia.  Lord Howe Island and Macquarie Island, formerly regarded as separate islands, are now part of mainland NSW and Tasmania respectively.

 

 

Special Category Visa

  • Log in [488] to post comments
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.


3.5.2/Required Periods of Residency [477]

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

Subsection 5Q(1) of the VEA [472] provides specifically that the definition of Australia includes the external territories for many VEA purposes including Part III, IIIAB, some parts of Part IIIB, Parts IIID, VIIA, VIIC and sections 52ZO, 58A, and 132.  Norfolk Island] is currently the only external territory of Australia. For the above VEA sections, which cover service pension [3], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [3] and Commonwealth Seniors Health Card [3] purposes it is considered to be part of Australia. The test of residing in Australia does not by itself satisfy the full definition of Australian Resident [3], as residency also requires Australian citizenship or the holding of a specified visa.

Papua New Guinea [3] and Nauru [3] have both previously been external territories of Australia.  Lord Howe Island and Macquarie Island, formerly regarded as separate islands, are now part of mainland NSW and Tasmania respectively.

 

 

Special Purpose Visa

  • Log in [491] to post comments
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.


3.5.2/Required Periods of Residency [477]

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

Subsection 5Q(1) of the VEA [472] provides specifically that the definition of Australia includes the external territories for many VEA purposes including Part III, IIIAB, some parts of Part IIIB, Parts IIID, VIIA, VIIC and sections 52ZO, 58A, and 132.  Norfolk Island] is currently the only external territory of Australia. For the above VEA sections, which cover service pension [3], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [3] and Commonwealth Seniors Health Card [3] purposes it is considered to be part of Australia. The test of residing in Australia does not by itself satisfy the full definition of Australian Resident [3], as residency also requires Australian citizenship or the holding of a specified visa.

Papua New Guinea [3] and Nauru [3] have both previously been external territories of Australia.  Lord Howe Island and Macquarie Island, formerly regarded as separate islands, are now part of mainland NSW and Tasmania respectively.

 

 

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

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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.


A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

ISS is an income support payment that may be paid to eligible war widows and widowers under the VEA and persons receiving wholly dependent partners' compensation under the MRCA, and who satisfy the means tests. It is an indexed rate, increased twice-yearly in March and September in line with changes to the cost of living and/or average wages. Income Support Supplement (ISS) legislation commenced on 20 March 1995. It is a payment created to replace the ceiling rate income support age, carer, wife and disability support pensions, paid to war widows/widowers by Centrelink.

 

 

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

Subsection 5Q(1) of the VEA [472] provides specifically that the definition of Australia includes the external territories for many VEA purposes including Part III, IIIAB, some parts of Part IIIB, Parts IIID, VIIA, VIIC and sections 52ZO, 58A, and 132.  Norfolk Island] is currently the only external territory of Australia. For the above VEA sections, which cover service pension [3], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [3] and Commonwealth Seniors Health Card [3] purposes it is considered to be part of Australia. The test of residing in Australia does not by itself satisfy the full definition of Australian Resident [3], as residency also requires Australian citizenship or the holding of a specified visa.

Papua New Guinea [3] and Nauru [3] have both previously been external territories of Australia.  Lord Howe Island and Macquarie Island, formerly regarded as separate islands, are now part of mainland NSW and Tasmania respectively.

 

 

Required Periods of Residency

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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

Chapter 2.1 Claims [67]

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 3.5.1 Australian Residents [486]

More ? (go back) [508]

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

1.1.4/Allied Merchant Mariners [64]

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]

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

ISS is an income support payment that may be paid to eligible war widows and widowers under the VEA and persons receiving wholly dependent partners' compensation under the MRCA, and who satisfy the means tests. It is an indexed rate, increased twice-yearly in March and September in line with changes to the cost of living and/or average wages. Income Support Supplement (ISS) legislation commenced on 20 March 1995. It is a payment created to replace the ceiling rate income support age, carer, wife and disability support pensions, paid to war widows/widowers by Centrelink.

 

 

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

  • Christmas Island
  • Cocos (Keeling) Islands

Subsection 5Q(1) of the VEA [472] provides specifically that the definition of Australia includes the external territories for many VEA purposes including Part III, IIIAB, some parts of Part IIIB, Parts IIID, VIIA, VIIC and sections 52ZO, 58A, and 132.  Norfolk Island] is currently the only external territory of Australia. For the above VEA sections, which cover service pension [3], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [3] and Commonwealth Seniors Health Card [3] purposes it is considered to be part of Australia. The test of residing in Australia does not by itself satisfy the full definition of Australian Resident [3], as residency also requires Australian citizenship or the holding of a specified visa.

Papua New Guinea [3] and Nauru [3] have both previously been external territories of Australia.  Lord Howe Island and Macquarie Island, formerly regarded as separate islands, are now part of mainland NSW and Tasmania respectively.

 

 

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.

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

Continuous Period

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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 3.5.1 Australian Residents [486]

1.1.4/Allied Merchant Mariners [64]

More ? (go back) [519]

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

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

Subsection 5Q(1) of the VEA [472] provides specifically that the definition of Australia includes the external territories for many VEA purposes including Part III, IIIAB, some parts of Part IIIB, Parts IIID, VIIA, VIIC and sections 52ZO, 58A, and 132.  Norfolk Island] is currently the only external territory of Australia. For the above VEA sections, which cover service pension [3], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [3] and Commonwealth Seniors Health Card [3] purposes it is considered to be part of Australia. The test of residing in Australia does not by itself satisfy the full definition of Australian Resident [3], as residency also requires Australian citizenship or the holding of a specified visa.

Papua New Guinea [3] and Nauru [3] have both previously been external territories of Australia.  Lord Howe Island and Macquarie Island, formerly regarded as separate islands, are now part of mainland NSW and Tasmania respectively.

 

 

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

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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 3.5.2 Further Periods of Residence Required [65]

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]

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

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

Subsection 5Q(1) of the VEA [472] provides specifically that the definition of Australia includes the external territories for many VEA purposes including Part III, IIIAB, some parts of Part IIIB, Parts IIID, VIIA, VIIC and sections 52ZO, 58A, and 132.  Norfolk Island] is currently the only external territory of Australia. For the above VEA sections, which cover service pension [3], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [3] and Commonwealth Seniors Health Card [3] purposes it is considered to be part of Australia. The test of residing in Australia does not by itself satisfy the full definition of Australian Resident [3], as residency also requires Australian citizenship or the holding of a specified visa.

Papua New Guinea [3] and Nauru [3] have both previously been external territories of Australia.  Lord Howe Island and Macquarie Island, formerly regarded as separate islands, are now part of mainland NSW and Tasmania respectively.

 

 

Further Periods of Residence Required

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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]

1.1.4/Allied Merchant Mariners [64]

More ? (go back) [532]

Section 3.5.1 Australian Residents [486]

More ? (go back) [533]

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

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

Subsection 5Q(1) of the VEA [472] provides specifically that the definition of Australia includes the external territories for many VEA purposes including Part III, IIIAB, some parts of Part IIIB, Parts IIID, VIIA, VIIC and sections 52ZO, 58A, and 132.  Norfolk Island] is currently the only external territory of Australia. For the above VEA sections, which cover service pension [3], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [3] and Commonwealth Seniors Health Card [3] purposes it is considered to be part of Australia. The test of residing in Australia does not by itself satisfy the full definition of Australian Resident [3], as residency also requires Australian citizenship or the holding of a specified visa.

Papua New Guinea [3] and Nauru [3] have both previously been external territories of Australia.  Lord Howe Island and Macquarie Island, formerly regarded as separate islands, are now part of mainland NSW and Tasmania respectively.

 

 

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

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

  • Log in [534] to post comments

    

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]

Section 3.5.1 Australian Residents [486]

More ? (go back) [538]

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

  • Christmas Island
  • Cocos (Keeling) Islands

Subsection 5Q(1) of the VEA [472] provides specifically that the definition of Australia includes the external territories for many VEA purposes including Part III, IIIAB, some parts of Part IIIB, Parts IIID, VIIA, VIIC and sections 52ZO, 58A, and 132.  Norfolk Island] is currently the only external territory of Australia. For the above VEA sections, which cover service pension [3], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [3] and Commonwealth Seniors Health Card [3] purposes it is considered to be part of Australia. The test of residing in Australia does not by itself satisfy the full definition of Australian Resident [3], as residency also requires Australian citizenship or the holding of a specified visa.

Papua New Guinea [3] and Nauru [3] have both previously been external territories of Australia.  Lord Howe Island and Macquarie Island, formerly regarded as separate islands, are now part of mainland NSW and Tasmania respectively.

 

 

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

ISS is an income support payment that may be paid to eligible war widows and widowers under the VEA and persons receiving wholly dependent partners' compensation under the MRCA, and who satisfy the means tests. It is an indexed rate, increased twice-yearly in March and September in line with changes to the cost of living and/or average wages. Income Support Supplement (ISS) legislation commenced on 20 March 1995. It is a payment created to replace the ceiling rate income support age, carer, wife and disability support pensions, paid to war widows/widowers by Centrelink.

 

 

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

 

 

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.

3.5.4 Domicile

  • Log in [539] to post comments
Overview

A person who served in the forces of a Commonwealth country [3] or Allied country [3] but was domiciled in Australia [3] or an external territory [3] immediately before enlistment or appointment in those forces is entitled to claim disability pension [3] and receive medical treatment at departmental expense. To be eligible for service pension [3] such a person must also satisfy the qualifying service requirements applicable to a member of a Commonwealth force or an Allied force.


A Commonwealth country is a country, other than Australia that is, or was at the relevant time, a part of the Dominions of the Crown.

An allied country is a country, other than Australia or a Commonwealth country, whose forces were engaged in an operational area against an enemy, at the relevant time, which was also engaged against forces of the Commonwealth.

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

  • Christmas Island
  • Cocos (Keeling) Islands

Subsection 5Q(1) of the VEA [472] provides specifically that the definition of Australia includes the external territories for many VEA purposes including Part III, IIIAB, some parts of Part IIIB, Parts IIID, VIIA, VIIC and sections 52ZO, 58A, and 132.  Norfolk Island] is currently the only external territory of Australia. For the above VEA sections, which cover service pension [3], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [3] and Commonwealth Seniors Health Card [3] purposes it is considered to be part of Australia. The test of residing in Australia does not by itself satisfy the full definition of Australian Resident [3], as residency also requires Australian citizenship or the holding of a specified visa.

Papua New Guinea [3] and Nauru [3] have both previously been external territories of Australia.  Lord Howe Island and Macquarie Island, formerly regarded as separate islands, are now part of mainland NSW and Tasmania respectively.

 

 

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

  • Christmas Island
  • Cocos (Keeling) Islands

Subsection 5Q(1) of the VEA [472] provides specifically that the definition of Australia includes the external territories for many VEA purposes including Part III, IIIAB, some parts of Part IIIB, Parts IIID, VIIA, VIIC and sections 52ZO, 58A, and 132.  Norfolk Island] is currently the only external territory of Australia. For the above VEA sections, which cover service pension [3], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [3] and Commonwealth Seniors Health Card [3] purposes it is considered to be part of Australia. The test of residing in Australia does not by itself satisfy the full definition of Australian Resident [3], as residency also requires Australian citizenship or the holding of a specified visa.

Papua New Guinea [3] and Nauru [3] have both previously been external territories of Australia.  Lord Howe Island and Macquarie Island, formerly regarded as separate islands, are now part of mainland NSW and Tasmania respectively.

 

 

Disability pension, for the purposes of service pension and income support supplement, means:

  • a pension paid for incapacity from war caused conditions, or peacetime, peacekeeping or hazardous service caused conditions (other than a war widow's or orphan's pension); or
  • temporary incapacity allowance; or
  • any other payment in respect of incapacity or death resulting from war or war-like operations in which the Crown has been engaged [usually paid by another Commonwealth country].

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

Relevance of Domicile

  • Log in [540] to post comments

Last amended: 3 August 2009

Relevance

    

VEA ? [541]

For service pension [3] purposes, Australian domicile at the time of enlistment, is established in order for the Commonwealth veteran, Allied veteran or Allied mariner to gain entitlement to medical treatment at departmental expense. In the case of disability pension [3][glossary:,:] domicile establishes entitlement to claim disability pension and related medical benefits.     

More ? [542]

The domicile test applies in respect of operational service performed during the world wars and also to post World War 2 operational service in operational areas. The operational areas for post World War 2 service are included in Schedule 2 [25] of the VEA.

Definition

A person's domicile is that country in which he or she has, or is considered by law to have, his or her permanent home. While a person may have no home, or a home in more than one country, the law requires him or her to have only one domicile. Temporary moves from a country do not change a person's domicile.

Who can establish Domicile

Before 1 July 1982, a person could not generally establish his or her own place of domicile before the age of 21 years and therefore took the domicile of his or her father. In addition a female, on her marriage, took the domicile of her husband.

Since 1 July 1982, a person may establish an independent domicile at 18 years of age and a married female has the capacity to acquire her own domicile.     

More ? [543]

Example:   Someone who does have Domicile

A young man born in 1916 of parents domiciled in Australia, left Australia in 1938 at the age of 22 years to study in England. When war was declared, he temporarily suspended his studies and served with the British Army for the duration of the war. After the war, he completed his university course and upon graduation returned to Australia.

As he was 22 years of age when he left Australia, he was no longer covered by the domicile of his father. However, as the purpose of the trip was to undergo a course and as he did not intend to make England his permanent home, he retained his Australian domicile prior to the service.

Example:   Someone who does not have Domicile

A young man was born in Australia while his father was working in Australia. Whilst the young man was still a child, his father returned to England taking the family with him. In 1939 at the age of 19 years the young man enlisted in the British Army and served with the army for the duration of the war.

As the young man was still a minor at the time he enlisted, his domicile must be taken from that of his father, being England. He therefore did not have an Australian domicile.


Effect of domicile on operational service for DP

Section 6A(1) [25] VEA

Section 6A [25] VEA

Section 6C [25] VEA

Schedule 2 [25] VEA

VEA ? (go back) [544]

1.1.3/Australians who Served in Commonwealth or Allied Forces [545]

More ? (go back) [546]

3.5.4/Establishing Domicile [547]

More ? (go back) [548]

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

Disability pension, for the purposes of service pension and income support supplement, means:

  • a pension paid for incapacity from war caused conditions, or peacetime, peacekeeping or hazardous service caused conditions (other than a war widow's or orphan's pension); or
  • temporary incapacity allowance; or
  • any other payment in respect of incapacity or death resulting from war or war-like operations in which the Crown has been engaged [usually paid by another Commonwealth country].

Establishing Domicile

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Overview

In order to establish a member of the forces of a Commonwealth country [3] or allied country [3] eligibility to benefits, domicile must be established. Below are details of how to establish domicile if a claimant states that it has changed.     

More ? [550]

Changed Domicile

The onus is on the claimant to prove changed domicile. If he or she was born in Australia or is shown to have acquired Australian domicile, the Department will require strong evidence to refute such a claim. Similarly a person born, or previously domiciled, overseas will need to provide conclusive evidence of the acquisition of an Australian domicile.

Information Required

The following information, as appropriate, should be sought when investigating a person's domicile:

  • the date and place of the person's birth;
  • if not Australian-born, the date of arrival in Australia, with the name of the vessel (or airline) and place of disembarkation or deplaning;
  • prior to 1 July 1982, if the person was under 21 years at the time of enlistment, the place of residence and domicile of his or her father at that time, or if over 21 years at the time, his or her own place of residence and domicile;
  • other places of residence and employment prior to enlistment, and the periods spent at each;
  • reasons for leaving Australia and the name of the vessel and place of embarkation (or airline and place of emplaning);
  • the person's intentions at the time of leaving Australia with regard to returning;
  • service details (dates and places of enlistment and discharge etc.);
  • the date of return to Australia, method of transport (name of vessel or airline) and place of disembarkation or deplaning;
  • the reason for the delay in returning, if more than 12 months after discharge from the forces;
  • places of residence and employment since return and the periods spent in each; and
  • prior to 1 July 1982, if a female person was married at any time prior to her enlistment, the date of marriage and the domicile of her husband must be established.
Verification

Verification of information supplied in support of the claim should be obtained wherever possible. Some sources of information relating to domicile are:

  • supportive statements (if possible in the form of Statutory Declaration) by the person's relatives, friends, employers or business associates;
  • documents such as:
  • newspaper cuttings of the time
  • reports or souvenirs of farewell functions;
  • entries in official membership records of social, professional or trade associations or societies;
  • testimonials and introductory letters;
  • electoral records in Australia; and
  • evidence of continued or discontinued domestic, social or financial ties with Australia by the person while absent from Australia.


3.5.4/Relevance of Domicile [551]

More ? (go back) [552]

A Commonwealth country is a country, other than Australia that is, or was at the relevant time, a part of the Dominions of the Crown.

An allied country is a country, other than Australia or a Commonwealth country, whose forces were engaged in an operational area against an enemy, at the relevant time, which was also engaged against forces of the Commonwealth.

3.6 Permanent Incapacity

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About this Chapter

Permanent incapacity for work is a major criterion used to determine whether a person is eligible to receive an invalidity service pension or invalidity income support supplement (ISS) on the grounds of permanent incapacity. The tests for permanent incapacity look at medical factors only.

See Also

Permanent Incapacity

Part 1 Service Requirements [471]

Chapter 2.1 Claims [67]

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

Chapter 4.1 Disability Pension Eligibility [554]


3.6.1 Overview of Permanent Incapacity

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Last amended: 4 October 2011

Permanent incapacity and income support payments

Incapacity for work is established when a person's actual ability to engage in paid employment is reduced by their impairment/s alone. Entitlement to an invalidity service pension [3] or invalidity income support supplement [3] [glossary:(:]ISS [3][glossary:):] must arise from a person's physical, intellectual and/or psychiatric impairment/s. To determine a person's incapacity for work, consideration is to be given to medical factors only. This means that non-medical considerations such as the local employment market, a person's location, transport requirements or family circumstances are not relevant factors when determining permanent incapacity for employment. The incapacity test for invalidity service pension and income support supplement purposes is based solely on the combined level of medical impairment resulting from recognised medical conditions.    

More ? [556]

Assessment of permanent incapacity pre- and post 1/1/2000

The rules for determining permanent incapacity were changed, effective from 1/1/2000. The pre 1/1/2000 test of invalidity continues to apply for veterans and war widow/ers who were receiving, or who had claimed, invalidity service pension or invalidity income support supplement prior to this date. Delegates reviewing an invalidity service pension or invalidity income support supplement case should first establish the original date of permanent incapacity, in order to determine the definition of permanent incapacity that will apply.    

More ? [557]

Different tests of permanent incapacity apply to invalidity service pension and invalidity income support supplement under the post 1/1/2000 rules.     

More ? [558]

Persons automatically considered to be permanently incapacitated – invalidity service pension

In certain situations a person may be regarded as permanently incapacitated [3] (for the purpose of invalidity ISS) or permanently incapacitated [3] (for the purpose of invalidity service pension) without the need to seek a medical examination. These include where the person is:

  • permanently blind in both eyes, or
  • a special (TPI) rate pensioner (but not receiving a temporary payment of special rate, colloquially known as TTI pension), or
  • manifestly disabled.     More ? [559]
Persons automatically considered to be permanently incapacitated – invalidity income support supplement

In certain situations a person applying for invalidity income support supplement may be regarded as permanently incapacitated for the purpose of invalidity income support supplement without the need to seek a medical examination. These include where the person:

  • has qualified for disability support pension (DSP) from Centrelink within the last two years, or
  • is permanently blind in both eyes, or
  • is manifestly disabled.
Assessment of invalidity service pensioners participating in Veterans' Vocational Rehabilitation Scheme (VVRS)

    

VEA ? [560]

VVRS [3] assists veterans to find, or continue in, suitable paid employment. Services are provided on the basis of assessed need and subject to the likelihood of their obtaining a suitable and sustainable employment outcome. An incapacity [3] assessment must be made on any application for invalidity service pension. This still applies where the veteran applies for both invalidity service pension and VVRS at the same time.    

More ? [561]


Section 3.6.2 Assessment of Permanent Incapacity [562]

More ? (go back) [563]

Section 3.6.2 Assessment of Permanent Incapacity [562]

More ? (go back) [564]

3.6.2/Assessment [565]

More ? (go back) [566]

Section 3.6.3 Persons Automatically Considered to be Permanently Incapacitated [273]

More ? (go back) [567]

Section 115B [25] of VEA

VEA ? (go back) [568]

Section 3.6.4 Assessment of Invalidity Service Pensioners Participating in Veterans' Vocational Rehabilitation Scheme (VVRS) [114]

More ? (go back) [569]

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

ISS is an income support payment that may be paid to eligible war widows and widowers under the VEA and persons receiving wholly dependent partners' compensation under the MRCA, and who satisfy the means tests. It is an indexed rate, increased twice-yearly in March and September in line with changes to the cost of living and/or average wages. Income Support Supplement (ISS) legislation commenced on 20 March 1995. It is a payment created to replace the ceiling rate income support age, carer, wife and disability support pensions, paid to war widows/widowers by Centrelink.

 

 

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.

 

 

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.

 

 

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.

 

 

According to subsection 5D(2), incapacity from a war or defence-caused disease or injury is a reference to the effects of that injury or disease, and not a reference to the injury or disease itself.

3.6.2 Assessment of Permanent Incapacity

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This section outlines different aspects to be considered in determining a person's permanent incapacity for work.


Assessment

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Last amended: Invalidity service pension pre 1/1/2000 - definition of permanently incapacitated

    

More ? [572]

The definition of permanently incapacitated, for service pension purposes, changed on 1/1/2000. Prior to this date a person was considered to be permanently incapacitated for work if:

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

Cases prior to 1/1/2000 did not require a GARP [3] assessment, or that a determination be made in relation to the number of hours worked. This former standard of permanently incapacitated still applies to all recipients of invalidity service pension (and those who had submitted a claim) prior to 1/1/2000. Any reviews of continuing invalidity service pension entitlement for a veteran whose original determination predates 1/1/2000 must still be determined under the pre 1/1/2000 rules.

Invalidity service pension post 1/1/2000 - definition of permanently incapacitated

    

VEA ? [573]

For service pension purposes a person is taken to be permanently incapacitated for work if:    

More ? [574]

  • the person is permanently blind in both eyes [3], or
  • the person is a veteran to whom section 24 [25] VEA applies ([glossary:special rate:] [glossary:pension:] [575]), or
  • the person has an impairment that, if deemed to be an injury or disease for the Guide to the Assessment of Rates of Veterans' Pensions (GARP), would rate 40 or more in Table 18.1 of that Guide, and
  • solely because of the incapacity [3], the person is permanently unable to work for periods adding up to more than 8 hours per weeks, and
  • the Repatriation Commission regards the incapacity as permanent.     More ? [576]
Invalidity ISS pre 1/1/2000 - definition of permanently incapacitated

    

More ? [577]

The definition of permanently incapacitated, for invalidity ISS purposes, changed on 1/1/2000. The pre 1/1/2000 test of permanent incapacity is the same as for invalidity service pension. Prior to this date a person was considered to be permanently incapacitated for work if the:

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

The same savings provisions that apply to invalidity service pension will apply for invalidity ISS recipients who had received, or who had claimed, invalidity ISS prior to this date.

Invalidity ISS post 1/1/2000 - definition of permanently incapacitated

    

VEA ? [578]

For income support supplement purposes a person is taken to be permanently incapacitated for work if:    

More ? [579]

  • the person is permanently [glossary:blind in both eyes:][glossary:, or:] [580]
  • 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      More ? [581]
  • the Commission is satisfied that solely because of the impairment, the person cannot work for at least 30 hours per week at award wages or above, for the following 2 years.
Duration of incapacity

Invalidity service pension [3] is only intended to be granted to people with permanent disabilities. It should not be granted on a short-term or interim basis as more appropriate Australian Government Assistance Schemes are available to persons with short-term disabilities.  For invalidity ISS purposes 'permanent' means for at least the next 2 years.

Persons automatically considered to be permanently incapacitated

In certain situations a person may be regarded as permanently incapacitated without the need for a medical assessment. These situations require no further investigation and the person can be automatically considered to be permanently incapacitated.    

More ? [582]

Other claimants

A person will be considered to have a permanent incapacity for work for pension purposes if they are prevented from permanently obtaining and retaining employment due to physical, intellectual and/or psychiatric impairment from all disabilities (whether accepted or not).


Permanent Incapacity Transitional Regulations 1999

http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200400990?OpenDocument [583]

More ? (go back) [584]

Section 37AA [25] VEA

VEA ? (go back) [585]

Legislation Library - ISP – Permanent Incapacity for Work Determination 1999

Determination in respect to Service Pension [89]

More ? (go back) [586]

CCPS Library

GARP [587]

More ? (go back) [588]

Permanent Incapacity Transitional Regulations 1999

http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200400990?OpenDocument [583]

More ? (go back) [589]

Section 45A [25] VEA

VEA ? (go back) [590]

Legislation Library - ISS – Permanent Incapacity for Work Determination 1999

Determination in respect to Income Support Supplement [89]

More ? (go back) [591]

Social Security Act 1991: Schedule 1B – Tables for the assessment of work-related impairment

http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200401781?OpenDocument [592]

More ? (go back) [593]

Persons automatically considered to be permanently incapacitated

Section 3.6.3 Persons Automatically Considered to be Permanently Incapacitated [273]

More ? (go back) [594]

A person may be regarded as permanently blind in both eyes where:

  • there is a total loss of sight; or
  • visual acuity after correction with suitable lenses is less than 6/60 in both eyes on the Snellen Scale; or
  • where, in the written opinion of an ophthalmologist, the visual field deficits and/or combination of deficits results in a visual impairment which is the equivalent of a corrected visual acuity measure of less than 6/60 in both eyes.

The Commission Guideline CM5829: Determining 'permanently blind', 'no useful sight' and 'blinded in both eyes' [595]may be instructive in making a blinded/blindness determination.

 

Guide to the Assessment of Rates of Veterans' Pensions.

A person may be regarded as permanently blind in both eyes where:

  • there is a total loss of sight; or
  • visual acuity after correction with suitable lenses is less than 6/60 in both eyes on the Snellen Scale; or
  • where, in the written opinion of an ophthalmologist, the visual field deficits and/or combination of deficits results in a visual impairment which is the equivalent of a corrected visual acuity measure of less than 6/60 in both eyes.

The Commission Guideline CM5829: Determining 'permanently blind', 'no useful sight' and 'blinded in both eyes' [595]may be instructive in making a blinded/blindness determination.

 

According to subsection 5D(2), incapacity from a war or defence-caused disease or injury is a reference to the effects of that injury or disease, and not a reference to the injury or disease itself.

A person may be regarded as permanently blind in both eyes where:

  • there is a total loss of sight; or
  • visual acuity after correction with suitable lenses is less than 6/60 in both eyes on the Snellen Scale; or
  • where, in the written opinion of an ophthalmologist, the visual field deficits and/or combination of deficits results in a visual impairment which is the equivalent of a corrected visual acuity measure of less than 6/60 in both eyes.

The Commission Guideline CM5829: Determining 'permanently blind', 'no useful sight' and 'blinded in both eyes' [595]may be instructive in making a blinded/blindness determination.

 

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

Medical Factors

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Last amended: 7 November 2012

Medical examinations

To determine a person's incapacity for work, consideration is to be given to medical factors only. It is important that evidence is available to identify the disability/disabilities causing incapacity for work. For ISP this is normally gathered from the GARP forms generated by MAGPIES [3] and the Work Test Questionnaire form D0570.  For invalidity-ISS this information is obtained using the Medical and Work Details form D0571.    

More ? [597]

Evaluation by treating doctor

Usually the treating doctor is the appropriate person to evaluate and advise on the effects of disability/disabilities on the person's employability and is asked to comment on things like:

  • the nature of the disability,
  • treatment provided or available,
  • whether any incapacity is likely to continue indefinitely,
  • how the disability affects capacity to work,
  • whether the disability alone prevents the person from working,
  • the manner in which the disability manifests itself,
  • the period of time the person has suffered from the disability, and
  • the combined effect of all disabilities (if there is more than one).
Initial medical assessment protocol

Before applying the Repatriation Commission approved guidelines, an initial diagnosis would have been received from the treating doctor and the veteran would have undergone a medical assessment to ascertain GARP impairment points and/or an assessment of ability to work.    

More ? [598]

Independent medical assessment

If further evidence is required in order to make a decision, the decision maker has the discretion to send the claimant for an independent medical assessment. The following points are guidelines on when that discretion might be exercised:

  • the veteran is in receipt of Newstart from Centrelink (recipients have to declare that they are fit and able to work, and willing to look for work) and may suggest that they are capable of working more than 8 hours per week,
  • the veteran is still employed with a retirement date in the future (e.g. voluntary redundancy cases),
  • the veteran has travelled some distance to visit a doctor (this might suggest that the veteran is seeking a more favourable medical assessment),
  • the Disability Pension model for diagnosing psychiatric conditions is not satisfied. 'Diagnostic Guidelines for Psychiatric Assessment and Reports' and the 'Second Opinion Protocol for Psychiatric Cases' provide guidelines on the provision of psychiatric reports that are of a suitable standard. These documents can be accessed via Start\Departmental\Applications\CCPS\CCPS Research Library (read here [587]). Delegates should also refer to the Commission Guideline for Psychiatric Compensation Claims [599] available in the Reference Library,
  • the new claim application raises other medical questions.      More ? [600]
Factors determining capacity for work – service pension

[25]VEA?

For service pension purposes, in deciding whether a disability/disabilities affects a person's capacity for work, factors such as the following are taken into account:

  • the work that the veteran might reasonably be expected to undertake possibly with retraining, given their skills, qualifications and experience;
  • whether the work is actually undertaken and is not uncommon in the Australian workforce;
  • whether the work is of a kind for which award wages are, or could reasonably be expected to be, paid.

Work in this context is not necessarily limited to:

  • the particular type of job that the veteran has previously undertaken; or
  • work readily available to the veteran at this time or in the veteran's local area.
Factors determining capacity for work – invalidity ISS

For invalidity ISS purposes, in deciding whether a medical condition is affecting a person's capacity to work for at least 30 hours per week at award wages or above, factors such as the following are taken into account:

  • physical and intellectual characteristics that would be required to perform the work, and the person's ability to demonstrate those characteristics, both at present and in the future,
  • the ability to:
  • regularly report to work,
  • persist at work tasks,
  • understand and follow work instructions,
  • communicate with others in the workplace,
  • travel to and from work, and move around at work,
  • manipulate objects at work,
  • exhibit appropriate work behaviour,
  • undertake a variety of tasks and to alternate between tasks,
  • lift, carry and move objects at work,
  • whether attendance at medical appointments/treatment interferes with their ability to work,
  • whether the person is fit for any work, either skilled or unskilled, without needing preparatory training other than on-the-job training. This may involve consideration of:
  • the person's work history,
  • the person's level and type of education and training history,
  • work which would be suited to the person's work skills,

The person needs to have, or have the potential to acquire, all the characteristics necessary to perform the work.

Factors not taken into account –invalidity ISS

The following factors are not to be considered in the assessment of permanent incapacity for ISS purposes:

  • the availability of the person's usual work in the locally accessible labour market,
  • the person's  motivation to work or train, except when medical evidence indicates that the lack of motivation is directly attributable to the impairment.


For more information on Medical Assessment GARP Permanent Incapacity Eligibility System go to MAGPIES (Start/Departmental/Applications/MAGPIES)

More ? (go back) [601]

Research Library

GARP [587]

More ? (go back) [602]

3.6.2/Assessment [565]

More ? (go back) [603]

The Medical Assessment GARP Permanent Incapacity Eligibility System (MAGPIES) is a stand-alone computer system for Invalidity SP. It has three main functions:

  • generate GARP medical assessment forms,
  • calculate GARP impairment points, and
  • record permanent incapacity for case decisions (i.e. eligibility).

There is a production version for “live” processing of cases, and a training version for training and practice. MAGPIES is not used to calculate impairment points for Invalidity ISS.

3.6.3 Persons Automatically Considered to be Permanently Incapacitated

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Last amended: 4 October 2011

Consideration of permanent incapacity without medical examination – invalidity service pension

A person may be regarded as permanently incapacitated [3] for the purpose of invalidity service pension [3] without need to seek a medical examination where the person is:

  • blind in both eyes,
  • a special rate ([glossary:TPI:]) pensioner (but not receiving a temporary special rate colloquially known as TTI pension), or
  • manifestly disabled.
Consideration of permanent incapacity without medical examination – invalidity income support supplement

A person may be regarded as permanently incapacitated for the purpose of invalidity income support supplement (ISS) without the need to seek a medical examination where the person:

  • is blind in both eyes, or
  • has qualified for disability support pension from Centrelink within the last two years, or
  • is manifestly disabled.
Blind in both eyes

People who provide evidence of being permanently blind in both eyes [3] are accepted as permanently incapacitated [3] without further investigation. A determination of being permanently blind in both eyes is made on the basis of evidence from an ophthalmologist. The Snellen Scale is the specified tool which must be used to gain a measure of visual acuity.   

More ? [605]

People who are permanently blind in both eyes may be engaged in casual or full-time work without affecting their eligibility for invalidity service pension [3] or invalidity ISS [3].

People in receipt of invalidity service pension or invalidity ISS because they are permanently blind in both eyes are not subject to the income or assets tests for pension purposes.     

More ? [606]

Special (Totally and Permanently Incapacitated) Rate Pensioners

    

VEA ? [607]

Pensioners in receipt of the special rate of disability pension [3] on a permanent basis either because they are [glossary:T&PI:Def Special Rate (T&PI)] or are blind in both eyes [3], are automatically regarded as permanently incapacitated [3] (for the purpose of invalidity service pension). Where such a person claims invalidity service pension, there will be no requirement for further medical examination.  Receipt of special rate is not an automatic qualification for invalidity ISS. However, in the majority of cases receipt of special rate would be sufficient to make a decision on permanent incapacity without further investigation.

Manifestly Disabled

In order to prevent veterans or invalidity ISS claimants being sent to medical examinations that are unnecessary, Commission has defined 'manifest'.    

More ? [608]

Definition of manifest – service pension

'Manifest' for service pension purposes means that the veteran clearly and obviously meets the invalidity service pension eligibility criteria, based on the presenting medical evidence available to the Department. No additional medical assessment or work capacity test is required for the decision maker to form an opinion regarding 'permanently incapacitated'.

Definition of manifest – ISS

For invalidity ISS purposes, the definition of manifest is the definition used in the Guide to Social Security Law. This is because permanent incapacity for invalidity ISS purposes is assessed by using the impairment tables in the Social Security Act.     

More ? [609]

'Manifest' means that the person is clearly and obviously medically qualified for invalidity ISS, based on the presenting medical evidence. No additional medical assessment is required for the decision-maker to form an opinion regarding medical qualification for invalidity ISS.


Reference library - Commission Guidelines 2007

CG/CM5829 [610]

More ? (go back) [611]

Chapter 9.1 [285]

More ? (go back) [612]

Special Rate of DP

Section 24 [25] VEA

VEA ? (go back) [613]

DI C05/2000 Invalidity service pension and invalidity income support supplement [614]

More ? (go back) [615]

[616]Guide to Social Security Law 1.1.M.30 Manifest DSP

More ? (go back) [617]

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.

 

 

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

A person may be regarded as permanently blind in both eyes where:

  • there is a total loss of sight; or
  • visual acuity after correction with suitable lenses is less than 6/60 in both eyes on the Snellen Scale; or
  • where, in the written opinion of an ophthalmologist, the visual field deficits and/or combination of deficits results in a visual impairment which is the equivalent of a corrected visual acuity measure of less than 6/60 in both eyes.

The Commission Guideline CM5829: Determining 'permanently blind', 'no useful sight' and 'blinded in both eyes' [595]may be instructive in making a blinded/blindness determination.

 

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.

 

 

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

ISS is an income support payment that may be paid to eligible war widows and widowers under the VEA and persons receiving wholly dependent partners' compensation under the MRCA, and who satisfy the means tests. It is an indexed rate, increased twice-yearly in March and September in line with changes to the cost of living and/or average wages. Income Support Supplement (ISS) legislation commenced on 20 March 1995. It is a payment created to replace the ceiling rate income support age, carer, wife and disability support pensions, paid to war widows/widowers by Centrelink.

 

 

Disability pension, for the purposes of service pension and income support supplement, means:

  • a pension paid for incapacity from war caused conditions, or peacetime, peacekeeping or hazardous service caused conditions (other than a war widow's or orphan's pension); or
  • temporary incapacity allowance; or
  • any other payment in respect of incapacity or death resulting from war or war-like operations in which the Crown has been engaged [usually paid by another Commonwealth country].

A person may be regarded as permanently blind in both eyes where:

  • there is a total loss of sight; or
  • visual acuity after correction with suitable lenses is less than 6/60 in both eyes on the Snellen Scale; or
  • where, in the written opinion of an ophthalmologist, the visual field deficits and/or combination of deficits results in a visual impairment which is the equivalent of a corrected visual acuity measure of less than 6/60 in both eyes.

The Commission Guideline CM5829: Determining 'permanently blind', 'no useful sight' and 'blinded in both eyes' [595]may be instructive in making a blinded/blindness determination.

 

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.

 

 

3.6.4 Assessment of Invalidity Service Pensioners Participating in Veterans' Vocational Rehabilitation Scheme (VVRS)

  • Log in [618] to post comments

Last amended: Participation in VVRS

    

VEA ? [619]

VVRS [3] assists veterans to find, or continue in, suitable paid employment. Services are provided on the basis of assessed need and subject to the likelihood of their obtaining a suitable and sustainable employment outcome.     

More ? [620]

Incapacity assessment

An incapacity [3] assessment must be made on any application for invalidity service pension. This still applies where the veteran applies for both invalidity service pension and VVRS at the same time.

Continued eligibility

    

VEA ? [621]

An invalidity service pensioner who ceases to be permanently incapacitated for work while, or as a result, of participating in VVRS does not cease to be eligible for the invalidity service pension until the end of the 7 year period of the scheme's duration.

After the 7 years of continued eligibility under the VVRS, the permanent incapacity of the veteran should be reviewed.  The continuation of the veteran's employment in excess of 8 hours per week will result in the permanent incapacity test no longer being satisfied, and eligibility for invalidity service pension will be lost.

Note: for invalidity service pension eligibility purposes, if a veteran's employment is directly arranged under a VVRS rehabilitation program, or otherwise occurs as a result of the veteran's undertaking of the VVRS rehabilitation program, the veteran may still be exempt from a finding that they have ceased to be permanently incapacitated for work. This means that provided that the veteran is engaged in work as a result of their participation in the VVRS, where the required connection exists between the approved VVRS rehabilitation program and the veteran's subsequent employment outside the VVRS, eligibility for invalidity service pension is not lost, and the income safety net continues.

Excluded income amount

    

VEA ? [622]

Invalidity service pensioners participating in VVRS receive the income protection benefits of the scheme and retain section 37 invalidity service pension eligibility.

Income safety net provided by VVRS

    

VEA ? [623]

The scheme provides a safety net for veterans receiving pensions from DVA. The safety net applies to veterans paid under s23 or s24 [25] of the VEA (intermediate or special rate disability pension) and invalidity service pensioners. Veterans receiving a general rate disability pension (10-100%) continue to receive payment, even if they obtain employment.

Other pensioners, eligible for rehabilitation programs, are not eligible for the income safety net provisions.

Duration of income safety net

    

VEA ? [624]

The income safety net provisions apply to the veteran for a seven-year period. In the two years period immediately following commencement of remunerative work as a result of undertaking the vocational rehabilitation program, only half of an invalidity service pensioner's earnings are to be taken into account under the income test. The other half of those earnings shall be the 'excluded income amount'. In the five year period immediately after that two year period this 'excluded income amount' shall be reduced (and therefore the veteran's pension shall be slowly reduced) by 5% of the earnings every six months. After the seventh year, 100% of the veteran's income will be held in the assessment.

Note: The initial two-year period of income exclusion does not recommence after a period of not working. The exclusion period is generally for two calendar years, following the commencement of remunerative employment. The two-year period ceases on the day before the first CPI indexation day following the two-year anniversary.

VVRS income safety net and the Work Bonus

    

VEA ? [625]

Where the Work Bonus income test concession applies to a pensioner and the income concession amount is equal to or greater than the VVRS excluded income amount, the VVRS excluded income amount does not apply to the pensioner and the pensioner is given the benefit of the Work Bonus income concession.  Where the Work Bonus income concession is less than the VVRS excluded income amount, the Work Bonus income concession does not apply and the pensioner is given the benefit of the VVRS excluded income amount.    

More ? [626]

Treatment eligibility

Treatment eligibility may be tied to disability pension (100% or more), the rate of service pension (treatment thresholds) or a combination of the two (50% disability pension +$1 service pension). If the veteran is in receipt of less than 50% disability pension, their treatment eligibility is tied to their service pension rate. The veteran's rate of pension is calculated using the adjusted income figure, beginning at 50% and scaled upwards. The treatment threshold is applied to the rate of pension.

Taxable income

The normal taxation provisions apply to the veteran's income. DVA holding less than 100% of the veteran's income in the assessment has no bearing on the taxability of that income.    

More ? [627]

Withdrawal from VVRS

There are no penalties for withdrawal from or failure to complete an approved program, although rehabilitation services may be discontinued in such circumstances. Veterans withdrawing from the scheme will return to the rate of disability pension applicable prior to participation in the scheme. Invalidity service pensioners retain permanent incapacity eligibility, and return to the invalidity service pension, subject to the income and assets tests.

Re-entry into VVRS

There are no time restrictions on a veteran electing to re-enter the scheme.  Where a veteran's participation in the scheme was terminated, re-entry would be subject to the normal pre-entry checks. Assessment of the likelihood of reaching a suitable work outcome would be particularly relevant in such a case.

Recovery of cost of rehabilitation

    

VEA ? [628]

Recovery of the cost of rehabilitation may be required when provided by the Commission to a veteran who is, or may become, entitled to receive compensation from another party (for example, an insurer) for a condition for which the rehabilitation program is being undertaken.  In these circumstances the Commission can give to the veteran a notice requiring the veteran to pay for the rehabilitation program undertaken.


Section 115B [25] of VEA

VEA ? (go back) [629]

Rehabilitation Library:

Chapter 12 Veterans' Vocational Rehabilitation Scheme Guidelines [630]

Legislation Library:

Veterans' Vocational Rehabilitation Scheme Instrument [89]

More ? (go back) [631]

Section 37AAA [25] VEA

VEA ? (go back) [632]

Section 115G [25] VEA

Section 37AAA [25] VEA

VEA ? (go back) [633]

Section 23 [25] VEA

Section 24 [25] VEA

Section 37 [25] VEA

VEA ? (go back) [634]

Section 115G [25] VEA

VEA ? (go back) [635]

Section 115G(4) [25] VEA

VEA ? (go back) [636]

10.1.4/Work Bonus [637]

More ? (go back) [638]

Section 11.6.2 Taxable Payments [639]

More ? (go back) [640]

Recovery of cost of rehabilitation

Section 115H [25] VEA

Where a person receives a notice under subsection 115H(6)

Section 115J [25] VEA

Recovery of amount by the Commonwealth

Section 115K [25] of VEA

Determination of amount of costs of rehabilitation programs

Section 115L [25] of VEA

VEA ? (go back) [641]

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.

 

 

According to subsection 5D(2), incapacity from a war or defence-caused disease or injury is a reference to the effects of that injury or disease, and not a reference to the injury or disease itself.

3.7 Comparable Foreign Pension

  • Log in [642] to post comments

This chapter outlines policy concerning payment of income support pensions to persons who may have entitlement to a similar pension from a foreign country.

The chapter contains the following sections:

See Also

Chapter 3.3 Service Pension & Income Support Payability [5]

Chapter 11.1 Income Support Effective Dates & Pension Periods [643]


3.7.1 Overview of Comparable Foreign Pension

  • Log in [644] to post comments

Last amended: 3 August 2010

What is a comparable foreign pension

A Comparable Foreign Pension (CFP) is any pension paid by another country that is similar in nature to an Australian income support pension. War, service and restitution pensions and compensation payments from other countries are not comparable foreign pensions, as they do not share features similar in nature to an Australian income support pension.

Requirement to claim comparable foreign pension

All service pension [3] and income support supplement [3] [glossary:(:]ISS [3][glossary:):] recipients or claimants and their partners, are required to take reasonable action to claim a comparable foreign pension with any foreign country in which they have previously lived or worked or have an entitlement to claim.    

More ? [645]

Why are income support pensioners required to claim

The requirement to claim any entitlement to a comparable foreign pension is applied to ensure that the person and their partner are maximising their total income. This ensures that the person is making full use of the resources they have available to support themself before calling on Australian taxpayers for support.

Penalties for failing to claim

If a person or their partner is entitled to a comparable foreign pension and does not claim, their claim for an Australian income support pension could be rejected or their existing pension entitlement could be cancelled or suspended.

How does a person claim a comparable foreign pension

Some foreign countries have a reciprocal agreement with [glossary:Fa:] — [glossary:H:] — [glossary:CSIA:] [646] and for these countries a claim for a comparable foreign pension can be lodged with and processed by Centrelink. For any other country, a claim for a comparable foreign pension must be lodged directly with the country involved.    

More ? [647]

How are payments of a comparable foreign pension assessed

Any payments of a comparable foreign pension that a person or their partner receives are assessed as ordinary income of the recipient.    

More ? [648]


Claiming a comparable foreign pension

Section 3.7.4 Claiming a Foreign Pension [649]

More ? (go back) [650]

Claiming a comparable foreign pension

Section 3.7.4 Claiming a Foreign Pension [649]

More ? (go back) [651]

Assessment of a comparable foreign pension

Section 3.7.5 Assessment of Comparable Foreign Pension Payments [652]

More ? (go back) [653]

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

ISS is an income support payment that may be paid to eligible war widows and widowers under the VEA and persons receiving wholly dependent partners' compensation under the MRCA, and who satisfy the means tests. It is an indexed rate, increased twice-yearly in March and September in line with changes to the cost of living and/or average wages. Income Support Supplement (ISS) legislation commenced on 20 March 1995. It is a payment created to replace the ceiling rate income support age, carer, wife and disability support pensions, paid to war widows/widowers by Centrelink.

 

 

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.

 

 

3.7.2 Requirement to Claim a Comparable Foreign Pension (CFP)

  • Log in [654] to post comments

Last amended: 3 August 2010

Requirement to claim comparable foreign pension - new claimants

VEA ? [655]

Persons who claim a service pension or income support supplement and their partners are required to undertake reasonable action to claim any entitlement for a comparable foreign pension.

If a person or their partner fails to comply with a request to take reasonable action to claim an entitlement for a comparable foreign pension, the Commission may reject that person's claim for pension.

Requirement to claim comparable foreign pension - existing recipients

VEA ? [656]

The Secretary has the authority to require a person to whom a service pension or income support supplement is already being paid or their partner to take reasonable action to obtain a comparable foreign pension.  If a person or their partner fails to comply with such a request, the Commission may cancel or suspend that person's service pension or income support supplement.

Imposing requirement to claim on existing recipients

The requirement to claim a comparable foreign pension must be imposed on an existing income support recipient through issue of a notice in writing to the person. The notice must specify the time frame in which reasonable action must be taken.

Specifying time frame for reasonable action

It may take 3 - 6 months for overseas authorities to process a pension claim.  Therefore, imposing any time frame of less than 3 months on a claimant would be unreasonable.

Exemption from requirement to claim a comparable foreign pension

A pensioner is not required to pursue a claim for a foreign pension if there is a risk of danger to the pensioner or their family, such as may occur if the pensioner has former refugee [3] status.


Section 36JE [25] VEA - Age Service Pension requirement

Section 37JE [25] VEA - Invalidity Service Pension requirement

Section 38JE [25] VEA - Partner Service Pension requirement

Section 45NF [25] VEA - Income Support Supplement requirement

VEA ? (go back) [657]

Section 54BA [25] VEA - Requirement to claim comparable foreign pension

Section 56EB [25] VEA - Penalty for failing to claim comparable foreign pension

VEA ? (go back) [658]

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.

3.7.3 Fulfilment of Obligation to Take Reasonable Action

  • Log in [659] to post comments

Last amended: 3 August 2010

Eligibility for comparable foreign pension rejected

A person is considered to have taken reasonable action to claim a comparable foreign pension:

  • if their claim for pension has been considered by the relevant overseas authorities, and
  • they have been determined to be ineligible.
Eligibility for foreign pension confirmed

A person is considered to have taken reasonable action to claim a comparable foreign pension:

  • if their claim for pension has been considered by the relevant overseas authorities, and
  • they have been granted pension at the highest rate applicable to the person's circumstances.
Failure to pursue highest rate

A person is not considered to have taken reasonable action to claim a comparable foreign pension if they have taken action to obtain that pension but have not sought to obtain the highest rate applicable to their circumstances.

Failure to accept foreign pension

If a person has taken action to claim a comparable foreign pension, but does not accept the payment of that pension, the person may be considered to have deprived themselves of an income.    

More ? [660]

Foreign pension 'blocked'

Foreign pensions from some countries may previously have been considered 'blocked' due to severe limitations placed on payment by the paying country. For example, the paying country may restrict payment to residents or to people who are physically present in the paying country.

This 'blocked' status does not apply where the person travels to or resides in the paying country. Where the person travels to or resides in the paying country, they and their partner are required to take action to claim the comparable foreign pension in order to fulfil their obligation to take reasonable action.


Assessment of Deprivation

Chapter 9.6 Deprivation of Income and Assets [661]

More ? (go back) [662]

3.7.4 Claiming a Foreign Pension

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Last amended: 3 August 2010

How does a person claim a comparable foreign pension

Some foreign countries have a reciprocal agreement with [glossary:Fa:] — [glossary:H:] — [glossary:CSIA:] [646] and for these countries a claim for a comparable foreign pension can be lodged with and processed by Centrelink. For any other country, a claim for a comparable foreign pension must be lodged directly with the country involved.

In all cases eligibility for any overseas pension will depend on the requirements of that particular country, such as residency or employment.

Agreement between FaHCSIA and DVA

A memorandum of understanding between [glossary:Fa:] — [glossary:H:] — [glossary:CSIA:] [646] and DVA [3] recognises Centrelink as the only 'Competent Authority' to certify the validity of documentation submitted with claims, under the terms of Australia's international social security agreements.

Why does DVA use FaHCSIA agreements ?

DVA is using the FaHCSIA arrangements with the agreement countries because:

  • DVA does not have any income support reciprocal agreements with overseas countries;
  • they are shared-responsibility agreements that should be utilised to the maximum extent;
  • the FaHCSIA agreements may assist some pensioners to meet minimum residency or contribution requirements to qualify for pensions from the agreement countries;
  • administrative cooperation between Centrelink and the social security authorities in the other countries has advantages for Australian residents; and
  • in some cases a pension from a country with an agreement can be claimed through Centrelink.
Lodging a pension claim for an agreement country

Centrelink provides DVA with comparable foreign pension claim packages for the agreement countries [3], for distribution to DVA claimants and pensioners.

Claims must be lodged at Centrelink, as only Centrelink can:

  • process claims;
  • certify documentation; and
  • verify the validity of original documents.
Date of claim where pension claimed through Centrelink

The date on which a claim is received by Centrelink is accepted by most of the agreement countries as the official date of lodgement of a claim for a pension from that country.

Lodging a CFP Claim for Other Countries

Where a claimant or pensioner is required to claim a pension from a country, other than a FaHCSIA agreement country, this must be done by that person, in writing, directly to the relevant authorities in the country involved.


The Department of Veterans' Affairs.

The countries that have a comparable foreign pension agreement with FaHCSIA [3] are listed at

https://www.dss.gov.au/about-the-department/international/international-social-security-agreements [664]

 

 

3.7.5 Assessment of Comparable Foreign Pension Payments

  • Log in [665] to post comments

Last amended: 15 February 2012

Payments are assessed as ordinary income for VEA purposes

Payments of comparable foreign pension are assessed as ordinary income under the VEA income test. Thus, where a pensioner is paid under the income test, every dollar of comparable foreign pension payment over the income free area that the pensioner or their partner receives will result in a reduction at the income test Taper rate [3] in the rate of pension payable. Pensioners are obliged under section 54 to notify the Department of grants or increases in their rate of comparable foreign pension.    

More → [666]

 

Assessment of foreign pension for age pension purposes

For age pension purposes, the assessment of foreign pension payments may not be subject to the standard income test taper rate.  Social Security International Agreements made between Australia and various foreign countries provide in some cases for dollar for dollar deduction of foreign pension payments from specified Australian Government benefits, or for the exclusion of certain foreign amounts from the income test.  For example, under the 2002 New Zealand Agreement, the amount of NZ age pension (known as NZ Superannuation), Veteran's Pension and Invalid's Benefit is deducted on a dollar for dollar basis from the maximum rate of the affected Australian Government payments, (which includes age pension), before the income and assets tests are applied.  The current International Social Security Agreements are available via

https://www.dss.gov.au/about-the-department/international/international-social-security-agreements/current-international-social-security-agreements [667]

Where a person transfers from age pension to service pension or income support supplement, the assessment of their foreign payment under a Social Security International Agreement is not maintained; instead, the usual VEA income test would apply.

Assessment of lump sum arrears of foreign pension

 

VEA → [668]

 

Where a pensioner receives a lump sum payment for arrears of foreign pension, the lump sum is assessed as if it were received as periodic payments for the period covered by the arrears payment. Any amount by which the person's or their partner's income support payment would have been reduced by the foreign pension income is regarded as a recoverable debt.

Example: On 20 November 2010 a service pensioner receives a lump sum arrears payment of a comparable foreign pension. The arrears payments covers the period 1 August 2010 to 1 November 2010. The lump sum is apportioned over the period 1 August 2010 to 1 November 2010 and any amount by which the person's service pension would have been reduced over this period becomes a recoverable debt.

If there is evidence that the arrears payments should not  be spread evenly over the arrears period, this should be taken into account in calculating the overpayment.  Any investment made with the arrears lump sum, and any income (deemed or actual according to normal rules) will be assessed under the income and assets tests.

Date payments are assessable from

    

VEA → [669]

 

Payments of comparable foreign pension are assessable as income for service pension or ISS purposes from the later of:

  • the date of grant, or
  • the date on which payment of the foreign pension is confirmed.

The notification period rules will not impact on the effective date of the pension reduction where a person receives a lump sum arrears of foreign pension. The lump sum arrears payment is not assessed in the fortnight of receipt, but is instead regarded as if it were received as a periodic payment for the period covered by the arrears payment.


 

 

 

Ordinary Income

Chapter 10.1 [36]

 

More → (go back) [670]

 

Section 204 [671] VEA

 

VEA → (go back) [672]

 

Section 204 [671] VEA

 

 

VEA → (go back) [673]

The taper rate is used to reduce the rate of a person's service pension [3] or income support supplement [3] if they or their partner have any ordinary income [3] in excess of the ordinary/adjusted income free area [3] (IFA). Any income in excess of the IFA will reduce the maximum payment rate by a 'taper rate' of 50 cents in the dollar (or 40 cents for transitional rate of pension). The result is the income reduced rate.

The same taper rate is also used in disability income rent test [3] calculations to determine the amount of rent assistance [3] for service pensioners and income support supplement recipients.

In addition to the income test taper, any assets in excess of the assets value limit will reduce the maximum payment rate per fortnight by 37.5 cents for every $250 over the Asset Value Limit. The result is the assets reduced rate

 

3.8 Restrictions on Dual Pensions

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Last amended 
Tuesday, May 1, 2018

 

Restrictions

 

VEA ? [675]

 

Restrictions exist on the payment of dual pensions. The following table demonstrates the types of pensions a person is not entitled to receive at the same time.

If a person receives...

Then they are not entitled to...

any form of service pension [3]

  • any other form of service pension,

  • veteran payment,

  • a Centrelink pension [3],

  • a Centrelink benefit [3], or

  • an income support supplement [3].

war widow's/widower's pension

  • partner [3] service pension [3], or
  • a Centrelink pension or benefit*.

an overseas war widow's/widower's pension that is similar in character to an Australian war widow's/widower's pension

  • partner service pension

income support supplement

  • any form of service pension,

  • veteran payment, or

  • a Centrelink pension or benefit.

veteran payment
  • any from of service pension
  • a Centrelink pension or benefit e.g Newstart and Abstudy (excluding family tax benefit)
  • Incapacity Payments
  • war widow's/widower's pension
  • wholly dependent partner payment (for partner's VP)

* Under s45E, savings provisions allow certain war widow/widowers to continue to receive their Centrelink payments indefinitely (until death) or until such time as they elect to receive ISS.

Existing dual payments

Prior to 16 March 1973 it was permissible for certain dual pensions to be paid. However, on that date, either service pension or Social Security pension was frozen at the rate that was then payable.

See Also

Restrictions on Dual Pensions

Chapter 3.1 Service Pension Eligibility [281]

Chapter 3.2 Income Support Supplement (ISS) Eligibility [282]


 

 

 

Section 36C [25] VEA - age service pension restrictions

Section 37C [25] VEA - invalidity service pension restrictions

Section 38C [25] VEA - partner service pension restrictions

Section 45D [25] VEA - income support supplement restrictions

Section 45E [25] VEA – Election to continue to receive social security pension

 

VEA ? (go back) [676]

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

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

 

 

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.

 

 

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

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

3.9 Payment for Loss or Detriment

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This chapter outlines the policy information and general features of payment for loss or detriment.

This chapter contains the following sections:

See Also

Payment for Loss or Detriment

Chapter 3.1 Service Pension Eligibility [281]

Chapter 3.2 Income Support Supplement (ISS) Eligibility [282]

Chapter 12.5 Reviews & Appeals [11]


3.9.1 Overview of Payment for Loss or Detriment

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What is payment for loss or detriment

Payment for loss or detriment is made to a person for a loss suffered due to:

  • administrative error, or
  • circumstances where there is no legal liability for the Commonwealth to pay but it is considered that the Commonwealth should bear a moral or equitable responsibility for the claimant's loss.
Compensation for administrative error

Compensation is considered where a person has suffered detriment or is prevented from avoiding detriment because of an administrative error.    

More ? [679]

Claims considered under Act of Grace

Act of Grace payment may be made where a person has suffered a loss and the Commonwealth bears some responsibility for the loss. Claims that do not meet the 'compensation for detriment caused by administrative error' criteria will be treated as normal Act of Grace claims.    

More ? [680]


Compensation for detriment caused by administrative error

Section 3.9.2 Compensation for Detriment Caused by Administrative Error [681]

More ? (go back) [682]

Act of Grace payments

Section 3.9.3 Act of Grace Payments [683]

More ? (go back) [684]

3.9.2 Compensation for Detriment Caused by Administrative Error

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What is compensation for detriment caused by administrative error

The purpose of the scheme is to permit a compensatory payment to be made to a claimant for the effects of administrative error. Payment to a claimant may be approved if the relevant authorised person forms an opinion that the claimant has suffered a 'detriment' as the result of the action of an employee of the Department.    

More ? [686]

What is defined as 'Detriment'

Detriment can include financial and non-financial loss. The approved definitions, criteria and limitations for the scheme are set out in Attachment A of the Chief Executive Instruction 5.19. The reasons for considering a claim for compensation are described briefly below:

  • a specific and unreasonable lapse in complying with existing administrative procedures that would normally have applied to the claimant's circumstances,
  • an unreasonable failure to institute appropriate administrative procedures to cover a claimant's circumstances,
  • giving advice to or for a claimant that was, in all the circumstances, incorrect or ambiguous, or
  • an unreasonable failure to give a claimant the proper advice that was either known or could be obtained.     More ? [687]
Request for compensation

Request for 'defective administration compensation' can arise from almost any aspect of Australian Government administration. The scheme is only available to provide compensation in respect of administration by the Australian Government. Under this scheme, the Minister, or any official authorised by the Minister for the purpose, will have the administrative discretion to determine whether a compensatory payment should be made to a claimant for the effects of administrative error.    

More ? [688]

Claims for compensation

Any claim that is determined under the provisions for compensation for detriment due to administrative error cannot be reconsidered under Act of Grace. The Act of Grace facility is not to be construed as an alternative remedy.    

More ? [689]

Examples of administrative error

The following are two examples of where compensation for detriment caused by administrative error would apply.

  • A veteran was given incorrect advice on when his wife could obtain her superannuation without affecting their pensions. When she obtained the payment the couple had their service pensions reduced to zero for 12 months as a consequence.
  • A veteran received a letter advising that he had rendered qualifying service and was therefore entitled to apply for age service pension when he turned 60. He subsequently retired to care for his seriously incapacitated wife. When he applied for the service pension his claim was refused. The employee had sent him the wrong advice letter and he had not rendered qualifying service.
Delegations to approve claims

Under the scheme, the Minister, or any official authorised by the Minister for the purpose, will have the administrative discretion to determine whether a compensatory payment should be made. The responsibility for the approval of claims depending on the amount is delegated to the:

  • state Deputy Commissioners and division heads up to $,5000,
  • Secretary or Deputy President, with notification to the Minister, between $5,000  and $50,000, and
  • Minister for any claims in excess of $50,000.      More ? [690]
Authority for payment

Payment of compensation due to administrative error is made in accordance with section 52 of the Financial Management and Accountability Act 1997 and Financial Management and Accountability Regulations 6.The authority for payment is defined in Chief Executive Instruction No.5.19.    

More ? [691]


Chief Executive Instruction No.5.19

http://sharepoint/money/Documents/0681931E_CEI_5_19.tr5 [692]

More ? (go back) [693]

Chief Executive Instruction No.5.19 – Attachment A

http://sharepoint/money/Documents/0681931E_CEI_5_19.tr5 [692]

More ? (go back) [694]

Chief Executive Instruction No.5.19

http://sharepoint/money/Documents/0681931E_CEI_5_19.tr5 [692]

More ? (go back) [695]

Act of Grace

Section 3.9.3 Act of Grace Payments [683]

More ? (go back) [696]

Chief Executive Instruction No.5.19

http://sharepoint/money/Documents/0681931E_CEI_5_19.tr5 [692]

More ? (go back) [697]

Chief Executive Instruction No.5.19

http://sharepoint/money/Documents/0681931E_CEI_5_19.tr5 [692]

More ? (go back) [698]

3.9.3 Act of Grace Payments

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What is an Act of Grace payment

An Act of Grace payment may be made where a person has suffered a loss. Although there is no legal liability on the Commonwealth to meet the loss, it is considered that the Commonwealth bears some responsibility for the loss. In certain special circumstances a person that may not have met the eligibility criteria for service pension [3] or income support supplement [3] may be considered under the 'act of grace' provisions. An act of grace payment is not a service pension or income support supplement.    

More ? [700]

Eligibility for an Act of Grace payment

Eligibility for an Act of Grace payment depends on the claimant's circumstances and a wide range of matters may be taken into account to determine eligibility Although there is no set eligibility criteria for an Act of Grace payment, claims may be considered where:

  • a person received incorrect advice leading to detriment, but where there is no legal liability,
  • a matter is covered by legislation, but its application produces a result which is unintended, anomalous, inequitable or otherwise unacceptable,
  • it is considered desirable to apply the benefits of proposed legislation, or
  • there are other special circumstances where there may be a moral obligation to make a payment.     More ? [701]
Request for an Act of Grace payment

Requests for 'Act of Grace payments' can arise from almost any aspect of Australian Government administration and include payments normally paid under Part III (service pension) or Part IIIA (income support supplement) of the VEA [3].    

More ? [702]

Claims for Act of Grace payments

A claim for an Act of Grace payment should first be considered under the criteria for 'compensation for detriment caused by administrative error'. If a claim satisfies that criteria it will be determined under the compensation for detriment provisions. Claims that do not satisfy the compensation criteria may be determined under the Act of Grace provisions.    

More ? [703]

Example of an Act of Grace payment

The income and assets test exemptions provided for in the Aged Care Amendment Bill 1998 were intended to apply to residents from 6 November 1997. The exemptions were provided in the form of 'Act of Grace' payments until Royal Assent was obtained.

Authority for payments under Act of Grace

Act of Grace payments may be made only with the approval, under section 33(1) of the Financial Management and Accountability Act 1997, of the Minister for Finance or their appointee. This legislation places the responsibility for assessing whether satisfactory grounds for such payment exist on the Minister of Finance alone. However, for those cases recommended by the Ombudsman for compensation each chief executive is appointed by the Minister for Finance, as an 'authorised person', with the express intention that they confine the exercise of the Act of Grace power.    

More ? [704]


Chief Executive Instruction No.5.18

http://sharepoint/money/Documents/0681932E_CEI_5_18.tr5 [705]

More ? (go back) [706]

Chief Executive Instruction No.5.18

http://sharepoint/money/Documents/0681932E_CEI_5_18.tr5 [705]

More ? (go back) [707]

Chief Executive Instruction No.5.19

http://sharepoint/money/Documents/0681931E_CEI_5_19.tr5 [692]

More ? (go back) [708]

Compensation for detriment caused by defective administration

Section 3.9.2 Compensation for Detriment Caused by Administrative Error [681]

More ? (go back) [709]

Chief Executive Instruction No.5.18

http://sharepoint/money/Documents/0681932E_CEI_5_18.tr5 [705]

More ? (go back) [710]

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

ISS is an income support payment that may be paid to eligible war widows and widowers under the VEA and persons receiving wholly dependent partners' compensation under the MRCA, and who satisfy the means tests. It is an indexed rate, increased twice-yearly in March and September in line with changes to the cost of living and/or average wages. Income Support Supplement (ISS) legislation commenced on 20 March 1995. It is a payment created to replace the ceiling rate income support age, carer, wife and disability support pensions, paid to war widows/widowers by Centrelink.

 

 

Veterans' Entitlements Act 1986.

3.10 Financial Hardship

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See Also

Financial Hardship

Chapter 3.1 Service Pension Eligibility [281]

Chapter 3.2 Income Support (ISS) Eligibility [282]

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

Chapter 3.1 — 2 Crisis Payment [712]


3.10.1 Overview of Financial Hardship

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Access to financial hardship rules

Financial hardship provisions can apply to people who, because of their assets, are prevented from receiving any, or receive a reduced rate of, either service pension or income support supplement.    

More ? [714]

Lodging a claim under financial hardship provisions

A request for consideration under the hardship rules must be made in writing. The request must contain sufficient information to determine whether the claimant satisfies the eligibility criteria.   

More ? [715]

Unrealisable assets

If a person cannot, or cannot be reasonably expected to sell or use an asset as security for borrowing then the asset is deemed to be an unrealisable asset.    

More ? [716]

Severe financial hardship

Severe financial hardship is based on the following four criteria:

  • total annual asset tested service pension or income support supplement, plus all income does not exceed the maximum annual rate of pension,
  • readily available funds do not exceed the single or partnered limits,
  • there is no other course of action which the person could reasonably be expected to take to improve their financial position, and
  • a delegate has reasonable regard to the unavoidable or reasonable expenditure of the person in relation to the maximum annual rate of pension.      More ? [717]
Rate calculation under the hardship provisions

To calculate the rate of service pension or income support supplement payable under the hardship provisions, the person's adjusted annual rate of ordinary income [3] is deducted from the maximum payment rate [3] of service pension or income support supplement.     

More ? [718]

Notional annual rate of ordinary income

A person's notional rate of income is the amount per year equal to 2.5% of the person and the person's partner's unrealisable assets, or the amount per year that could reasonably be expected to be obtained from a purely commercial application of the assets.    

More ? [719]


Section 3.10.2 Access to Financial Hardship Rules [720]

More ? (go back) [721]

Section 3.10.3 Lodging a Claim under Financial Hardship Provisions [722]

More ? (go back) [723]

Section 3.10.4 Unrealisable Assets [724]

More ? (go back) [725]

Section 3.10.5 Severe Financial Hardship [726]

More ? (go back) [727]

Section 3.10.6 Rate Calculation under the Hardship Provisions [728]

More ? (go back) [729]

Section 3.10.7 Notional Annual Rate of Ordinary Income [730]

More ? (go back) [731]

According to Section 52Z(3) of the VEA a person's adjusted annual rate of ordinary income is an amount per year equal to the sum of:

  • the person's annual rate of ordinary income (other than income from assets), and
  • the person's annual rate of ordinary income from assets that are not assets tested, and
  • either:
  • the person's annual rate of ordinary income from unrealisable assets, or
  • the person's notional rate of ordinary income from unrealisable assets, whichever is the greater, and
  • an amount per year equal to $9.75 for each $250 of the value of the person's assets (other than disregarded assets)

 

 

The maximum payment rate is the amount calculated by adding the maximum basic rate applicable to a person to any rent assistance and pension supplement payable. See SCH6-A1(2) of VEA [183] (Method Statement 1 Step 4) and SCH6-A1(6) of VEA [183] (Method Statement 5 Step 4).

 

 

3.10.2 Access to Financial Hardship Rules

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This section contains information on the criteria for application of the financial hardship rules:


General Criteria for Application of the Financial Hardship Rules

  • Log in [733] to post comments

Last updated: 12 November 2007

Access to financial hardship

    

VEA ? [734]

Hardship provisions can apply to people who either:

  • receive an assets reduced rate [3] of either:
  • service pension [3],
  • income support supplement [3], or
  • to whom one of the above payments is not payable because of the application of the assets test [3].     More ? [735]
Additional conditions to be met before hardship provisions apply

The following conditions must also be met before hardship provisions can apply:

  • either:
  • the person must not have disposed of assets of more than $10,000 within a year, or of income, for less than adequate financial consideration, or
  • if the person has disposed of income or assets the Commission has determined that for the purposes of the application of the hardship provisions, the disposal is to be disregarded,
  • the person, or the person's partner has an unrealisable asset [3],
  • the person would be considered to be in severe financial hardship if the financial hardship provisions were not applied,
  • the person must lodge a written request for payment of service pension or income support supplement under the hardship provision.    More ? [736]
Crisis payment to people in severe financial hardship

A crisis payment [3] is a one off non-taxable payment to extend assistance to people who are in severe financial hardship and who:

  • have been forced to leave their home due to an extreme circumstance, or
  • have been subjected to domestic or family violence and choose to remain in the family home after the perpetrator has left or been removed, or
  • have just been released from lawful custody.

The payment is designed to assist in the establishment of a new residence or to re-establish a current residence after domestic or family violence has occurred.    

More ? [737]


Section 52Y [25] VEA

VEA ? (go back) [738]

9.1.3/The Assets Test [739]

More ? (go back) [740]

Chapter 9.6 Deprivation of Income and Assets [661]

Section 3.10.3 Lodging a claim under Financial Hardship Provisions [722]

More ? (go back) [741]

Chapter 3.12 Crisis Payment [712]

More ? (go back) [742]

Assets reduced rate is the amount calculated when the reduction for assets is subtracted from the maximum payment rate. See SCH6-A1(2) [183] of VEA (Method Statement 1 Step 8) and SCH6-A1(6) [183] of VEA (Method Statement 5 Step 8).

 

 

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

ISS is an income support payment that may be paid to eligible war widows and widowers under the VEA and persons receiving wholly dependent partners' compensation under the MRCA, and who satisfy the means tests. It is an indexed rate, increased twice-yearly in March and September in line with changes to the cost of living and/or average wages. Income Support Supplement (ISS) legislation commenced on 20 March 1995. It is a payment created to replace the ceiling rate income support age, carer, wife and disability support pensions, paid to war widows/widowers by Centrelink.

 

 

One element of the means test for income support pensions whereby the rate of pension payable to a pensioner reduces progressively as their assets increase above a certain threshold known as the assets value limit (AVL). [743]

An asset of a person is an unrealisable asset if:

  • the person cannot sell or realise the asset and cannot use the asset as a security for borrowing, or
  • the person could not reasonably be expected to sell or realise the asset and could not reasonably be expected to use the asset as a security for borrowing.

A crisis payment is a one-off non-taxable payment to extend immediate financial assistance to people in severe financial hardship who:

  • are forced to leave their home due to extreme circumstances, such as domestic or family violence [3] or a house fire, or
  • have been subjected to domestic or family violence by a family member [3] and choose to remain in the family home after the perpetrator has left or been removed from the home, or
  • released prisoners released from either goal or psychiatric institutions.

 

 

Effect of Deprivation on Application of Financial Hardship Rules

  • Log in [744] to post comments

Last amended: 24 July 2007

Effect of deprivation on application of hardship provisions

    

VEA ? [745]

Access to the financial hardship rules is denied to people who have:

  • disposed of income or
  • disposed of assets of more than $10,000 per year or $30,000 in total over a rolling period [3] of 5 years,

for less than adequate financial consideration [3], unless the Commission [3] makes a written determination to disregard the disposal provisions for hardship purposes.     

More ? [746]

Situations where Commission may disregard disposal provisions

    

VEA ? [747]

Situations where it may be appropriate to disregard the application of the disposal provisions for hardship purposes include:

  • a person is in severe financial hardship,
  • the hardship is not a direct result of disposing of the income or asset, and
  • the person would have qualified for hardship even if they had not disposed of the income or asset.
Example of situation where disposal provisions might be disregarded

If a person disposed of income of $4,000, and had only $1,000 left in available funds, they would still be considered to have satisfied the test of severe financial hardship if the gifting had not occurred. The discretion could then be exercised in favour of the applicant because the severe financial hardship would not be considered to be a direct consequence of the disposal.

Example of situation where disposal provisions would not be disregarded

If a person disposed of realisable assets worth $25,000 and still had $5,000 in readily available funds, the severe financial hardship would be considered a direct consequence of the disposal and the disposal provisions would not be disregarded.

Assessment of disposed income and assets under hardship rules

    

VEA ? [748]

Where the disposal provisions are disregarded, the pension rate under the hardship rules is determined on the basis that the person still has the disposed income or the deprived asset [3]. Notional income may be assessed against the asset.    

More ? [749]

Section 52Y(1) (b) [25] VEA

VEA ? (go back) [750]

Chapter 9.6 Deprivation of Income and Assets [661]

More ? (go back) [751]

Section 52Y(1) [25] VEA

VEA ? (go back) [752]

Section 52Z(3) [25] VEA and Section 52Z(7) [25] VEA

VEA ? (go back) [753]

Section 3.10.6 Rate Calculation under the Hardship Provisions [728]

More ? (go back) [754]

If there is a disposition of assets on or after 1 July 2002, the rolling period is the period comprising the tax year in which the relevant disposition took place and such (if any) of the 4 previous tax years as occurred after 30 June 2002. This means that disposals that occurred prior to 1 July 2002 are not counted in the rolling period. Subsection 52JB(4) VEA [45] (for individuals) and subsection 52JD(6) VEA [45] (for members of a couple) define the rolling period relevant to the $30,000 disposal of assets 'free area' rule.

 

 

For adequate financial consideration to be received when disposing of an asset [3], a person must receive value in the form of money or assets. Adequate financial consideration can be accepted when the amounts received reasonably equate to the market value of the asset. It may be necessary to obtain a valuation from a property valuation service provider.

When disposing of income [3], in order for adequate financial consideration to be received, the person must receive money, goods or services which approximate in value to the rate of disposed income. If a person disposes of an income producing asset and receives adequate financial consideration in money or money's worth for the asset, then it can be accepted that they have received adequate financial consideration for the disposal of both the income and the asset.

 

 

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

 

 

A deprived asset is an asset:

  • that has been disposed of for less than its value (that is, adequate financial consideration has not been received), and
  • the value of which is included in the value of the person's assets for the purpose of determining that person's rate of pension.

3.10.3 Lodging a Claim under Financial Hardship Provisions

  • Log in [755] to post comments
Lodgement of a claim for consideration under hardship rules

    

VEA ? [756]

A request for consideration under the hardship rules must be made in writing by a person seeking to have the hardship rules applied in the calculation of their pension and must be lodged at an office of the Department in Australia.

Information required to determine claim

It will be necessary to obtain the following information from the claimant in order to determine whether the financial hardship rules apply:

  • details of what the person considers to be unrealisable assets,     More ? [757]
  • information in support of their claim that they cannot sell or realise or could not reasonably be expected to sell or realise those assets,
  • details of estimated unavoidable or reasonable expenditure,
  • weekly living expenses including food, health/medical insurance, fares, child care, etc.,
  • quarterly living expenses including electricity, gas, telephone,
  • yearly living expenses including car registration, car insurance, rates, education, clothing, etc.,
  • information in support of their claim that they cannot use those assets as security for borrowing, or, could not reasonably be expected to use those assets as security for borrowing.
Signatories if assets are jointly held

If assets are in joint names both parties must sign the request. If the partner is also applying for payment under the hardship provisions, they must also sign.


Section 52Y(1)(d)

Section 52Y(1) [25] VEA

VEA ? (go back) [758]

Section 3.10.4 Unrealisable Assets [724]

More ? (go back) [759]

3.10.4 Unrealisable Assets

  • Log in [760] to post comments

For a person to be considered under the financial hardship rules, they must have an unrealisable asset [3]. This section contains information on different types of unrealisable assets and how they are treated.


An asset of a person is an unrealisable asset if:

  • the person cannot sell or realise the asset and cannot use the asset as a security for borrowing, or
  • the person could not reasonably be expected to sell or realise the asset and could not reasonably be expected to use the asset as a security for borrowing.

Unrealisable Assets - Unable or Unreasonable to Sell

  • Log in [761] to post comments

Last amended: 24 March 2006

Circumstances in which a person may be unable to sell an asset would include the following:

  • there is a legal restriction or court order which prevents the asset being sold,
  • the asset is subject to a pending property settlement,
  • the asset is located in a declared exceptional circumstances (EC) area or in an area where there has been an interim declaration, and the effect is to render the asset unsaleable while this situation continues. An exceptional circumstances area is defined by the Department of Agriculture, Fisheries and Forestry as an area affected by a rare and severe event that was not predictable or part of a process of structural adjustment, resulting in a severe downturn in farm income over a prolonged period,
  • the property is occupied by an estranged or former spouse and their right of occupancy is provided by a court order or legal agreement, or
  • the property is owned by the person as a joint tenant or tenant in common with another person who is not claiming consideration under the hardship rules and that person refused to give consent to the sale of the property.
Unreasonable to expect the person to sell their asset

Circumstances where it might be unreasonable to expect a person to sell their asset would include the following:

  • they cannot attract a buyer at a reasonable price (an asking price of up to 10% higher than the assessed assets test value),
  • the asset is a farm or some other business and there is a temporary but substantial reduction in income from the business due to factors outside the pensioner's control,
  • the asset is a house occupied by a near relative [3] and the near relative has lived in the house for at least ten years,
  • the asset is a house occupied by a near relative and the near relative has previously provided care for the pensioner in the house (which was formerly the pensioner's home),
  • the asset is a house occupied by a near relative and the near relative is a handicapped son or daughter and the pensioner is providing the house to promote the child's independent living, or
  • the asset is a house occupied by a near relative and the near relative has dependent children and the family income of the near relative does not exceed the Family Tax Benefit income ceiling.

Special rules apply where the asset is a farm.     

More ? [762]

Long term financial hardship

A person who is experiencing long term hardship is expected to sell non-liquid assets before accessing payment under the financial hardship rules, if the proceeds from these assets, plus the value of readily available funds, exceed the allowable limit for readily available funds.     

More ? [763]

No person is expected to sell their principal home [3].

Examples of non-liquid assets

Assets that are considered non-liquid, and should be sold to alleviate severe financial hardship include:

  • caravans,
  • boats,
  • second cars,
  • additional land,
  • holiday homes, and
  • life assurance policies.
Long term attachment to property

A person is not expected to sell property they have lived in for at least twenty years unless the land can be subdivided and the portion that contains the home can be retained.

Shorter occupancy may be accepted as long term attachment

An occupancy period of less than twenty years may be accepted if a person would, except in unforeseen circumstances:

  • have continued to live on the property for an indefinite period, and
  • not have sought payment of a pension.

An example of where a shorter occupancy may be accepted would be a couple that purchased a farming enterprise and five years later the husband died leaving a widow and children. It may be accepted that the widow has a long term attachment to the property.

Acceptable sale price and time

The following table shows the reasonableness test for the property sale price and the sale period.

If the sale price is

and

then the property is

within 10% of the assets test valuation

unable to be sold within three months

an unrealisable asset.

at least 10% higher than the assets test valuation

unable to be sold within three months, or

the person refuses an offer that is within 10% of the assets test valuation

not an unrealisable asset.


3.10.4/Unrealisable Assets – Farm [764]

More ? (go back) [765]

3.1 — 0.5/Determining Severe Financial Hardship – Readily Available Funds [766]

More ? (go back) [767]

A near relative includes:

  • a member of the immediate family;
  • a blood relative;
  • a relative by marriage; and
  • an adopted child.

The principal home has the meaning given by subsection 5LA(1) [45] of the VEA and subsection 5LA(2) [45] of the VEA. The principal home of a person is generally the place in which they reside. In certain circumstances, however, the principal home of a person can be the place in which they formerly resided. The following property is regarded as part of the principal home.

  • the residence itself (e.g. house, flat, caravan),
  • permanent fixtures (e.g. stoves, built-in heaters, dish-washers, light fittings and affixed carpets),
  • [glossary:curtilage:DEF/Curtilage] (i.e. two hectares [3] or less of private land [3] around the home where the private land use test [3] has been satisfied, or all land held on the same title as the person's principal home where the extended land use test [3] has been satisfied), or
  •       any garage, shed, tennis court or swimming pool used primarily for private purposes provided it is on the same title as the principal home.

 

 

Unrealisable Assets - Security for Borrowing

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Last amended: 24 March 2006

Person expected to borrow

Before accessing the financial hardship rules, a person is expected to borrow against an asset if:

  • they are able to meet the repayments,
  • the asset is considered appropriate security by a financial institution, and
  • the hardship is temporary.     More ? [769] ore?

A person who owns substantial business assets and who is experiencing temporary hardship is expected to attempt to obtain a loan by offering their business assets as security.

Evidence to be provided of inability to borrow

Where a person undergoing temporary hardship is unable to borrow against their assets, written confirmation is to be provided to verify their claim. Confirmation can include letters from a person's:

  • accountant,
  • solicitor, or
  • financial institution manager.
Acceptable institutions

A person is only expected to borrow from:

  • banks, finance companies and similar institutions with whom they normally invest, or
  • any government body set up to assist those specific persons, such as the Rural Assistance Board.

A person is not expected to enter into a loan agreement with interest rates more than the prevailing rate charged by banks and similar institutions.


3.10.5/Differentiating Between Temporary and Long Term Severe Financial Hardship [770]

More ? (go back) [771]

Unrealisable Assets - Farm

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Last amended: 24 March 2006

Unreasonable to expect the person to sell their farm

Circumstances where it might be unreasonable to expect a person to sell their farm would include the following:

  • the asset is a farm and the pensioner has been a farmer for at least twenty years (not necessarily on this farm) and the pensioner is working the farm and they could not sell some of the land without affecting the viability of the farm and/or significantly affecting their income from the farm (see exception), or
  • the person lives on a farm or land which is greater than two hectares, the person has lived there for at least twenty years and the property cannot be subdivided to allow the person to retain the portion their principal home is on (see exception).     More ? [773]
Exception

An occupancy period of less than twenty years may be accepted if a person would, except in unforeseen circumstances:

  • have continued to live on the property for an indefinite period, and
  • not have sought payment of a pension.

An example of where a shorter occupancy may be accepted would be where a couple purchased a farming enterprise and five years later the husband died leaving a widow and children. It may be accepted that the widow has a long term attachment to the property.

Farm used by family member

A person's farm used by a family member [3], who has been actively involved in operating that farm for at least ten years (see exception), is an unrealisable asset [3] if the test of reasonableness shows it is unreasonable for the farm to be:

  • leased to another person, or
  • used for another purpose.

Note: A slightly shorter period can be accepted if the family member has worked the property continuously since leaving school.

Applying the reasonableness test

In order to establish whether a farm being used by a family member is classed as an unrealisable asset, a reasonableness test is applied to establish whether or not it is reasonable that the farm not be sold. The table below outlines how the reasonableness test is used to make this distinction.

If the person's farm:

then...

  • is being run efficiently or to full capacity, or
  • has the capacity to be run efficiently or to full capacity, and
  • is the main source of the family member's livelihood

the reasonableness test is satisfied, and the farm is considered an unrealisable asset.

  • is not being run to full capacity because of income producing activities by the family member, or
  • is not essential for the family member to obtain a livelihood

the reasonableness test is not satisfied, and the farm is not considered an unrealisable asset.

Farm operating efficiently or to full capacity

Financial statements and income tax returns for the previous two years will usually show whether a farm is run efficiently or to full capacity. If necessary, a delegate can contact an agricultural expert from the State or Territory Department of Agricultural or equivalent for advice. A farm is generally not run efficiently or to full capacity if financial statements show a substantial reduction in stock carried or land used for crops.

Where a farm is comprised of several parcels of land, it is reasonable to expect a person to sell some of the land if:

  • the viability of the enterprise, and
  • the income of the person is not likely to be significantly affected.


9.2.2/Principal Home [774]

More ? (go back) [775]

According to section 5L of the VEA  [183]a family member, in relation to a person, means:

  • the partner, father or mother of the person, or
  • a sister, brother or child of the person, or
  • another person who, in the Commission's opinion, should be treated as one of these relations for the purposes of this definition.

Please note, the definition of a parent is further defined in section 10A of the VEA [183].  

An asset of a person is an unrealisable asset if:

  • the person cannot sell or realise the asset and cannot use the asset as a security for borrowing, or
  • the person could not reasonably be expected to sell or realise the asset and could not reasonably be expected to use the asset as a security for borrowing.

3.10.5 Severe Financial Hardship

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This section contains information on determining whether a person is in severe financial hardship.


Determining Severe Financial Hardship - Assets Tested Pension Plus Income

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Last amended: 30 April 2014

Assets tested pension plus income exceeds maximum annual rate of pension

A pensioner is not in severe financial hardship if their total annual assets tested service pension or income support supplement plus other income exceeds the maximum annual rate of pension.

Maximum annual rate of pension

Maximum annual rate of pension means the maximum rate of service pension or income support supplement including the pension supplements, Clean Energy Supplement, rent assistance and child payments. Remote area allowance is not included.

Income for financial hardship

    

VEA ? [778]

Income includes:
  • income and adjusted income as defined in subsection 5H(1) [25] VEA,
  • disability pension,
  • deemed income,
  • hardship deemed income,     More ? [779]
  • allowance payments (other than loss of earnings allowance) under Part VI [25] of the VEA, including an allowance or annuity that is of a similar kind to decoration allowance or Victoria Cross allowance by a foreign country,
  • permanent impairment payments under the Military Rehabilitation and Compensation Scheme (MRCS),
  • a payment of a special rate disability pension (SRDP) as determined under the MRCS,
  • payments of SRDP which are reduced by the operation of the superannuation offsetting rule in subsection 204(5) of the Military Rehabilitation and Compensation Act 2004 (MRCA), as calculated under section 5I [25] of the VEA, and
  • wholly dependant partner payments received under MRCS.


Section 52Z(3A) [25] VEA

VEA ? (go back) [780]

Section 3.10.7 Notional Annual Rate of Ordinary Income [730]

More ? (go back) [781]

Determining Severe Financial Hardship - Readily Available Funds

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Last amended: What constitutes readily available funds

Readily available funds include cash on hand, financial institution accounts, term deposits, bonds, shares etc. Real estate, the family car and household contents are not considered readily available funds. When considering long term financial hardship, readily available funds include the surrender value of a life assurance policy, value of a second car or holiday home, etc. A person's readily available funds comprise:

  • proceeds from the sale of non-liquid assets,
  • financial assets [3], and
  • some superannuation assets.
Allowable limits of readily available funds

The table below shows the readily available funds limits for eligibility under the financial hardship rules.

If the person is

then the readily available funds limit is

A member of a couple

maximum combined annual rate of service pension

(=$23,353, current at 20 September 2007)

Not a member of a couple

maximum single annual rate of service pension

(=$13,980, current at 20 September 2007)

Note: These rates will increase in accordance with the statutory increases in pension rates in March and September each year.
Situations where available funds may exceed allowable limits

Readily available funds may exceed the allowable limits by up to 10% if:

  • the person has imminent expenses, and
  • these expenses will reduce readily available funds to below the limit.

In such situations, a delegate [3] must review the case in three months to ensure that readily available funds are under the limit.

Readily available funds exclusions

A person's readily available funds do not include:

  • shares held by a primary producer in a primary producers cooperative, where the shares must be maintained for primary production,
  • shares in private companies, unless the articles of association or memorandum allow the shareholder to sell their shares,
  • working capital, unless expenditure is not essential or regular,
  • inaccessible overseas funds, accounts or investments,
  • legally irrecoverable loans or debts,
  • accounts or investments with liquidated companies or institutions, those in the process of being wound up, or those placed under a deed of company arrangement that have frozen access to funds,
  • whole of life insurance and term policies, or
  • investments in unlisted property trusts.
Superannuation assets

Superannuation assets are not readily available funds for a person who is:

  • under 55 years of age, or
  • over 55 years of age and assets are inaccessible.


According to section 5J(1) [45] of the VEA a financial asset means;

  • a financial investment [3], or
  • a deprived asset [3]

 

A Delegate of the Commission [3]  is a decision-maker who has been delegated authority to exercise the Commission's powers for the administration of pensions under theVEA [3].

 

 

Determining Severe Financial Hardship - Drawings from an Unincorporated Business

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What constitutes an unincorporated business

An unincorporated business is generally a partnership or pastoral company. A person is not in severe financial hardship if their unincorporated business drawings plus other income (exceeds the maximum pension or benefit payment.

Drawings from unincorporated business included in assessment

The severe financial hardship test includes a person's drawings from an unincorporated business. A person cannot be considered to be in severe financial hardship if their unincorporated business drawings plus other income exceeds the maximum pension payment.

Drawings from unincorporated business not sustainable

A person may be in severe financial hardship if substantial evidence shows:

  • that significant drawings are no longer sustainable, and
  • the liquid assets of the business are not significant.
Evidence required if drawings unsustainable

If a person claims that an unincorporated business is unable to sustain their drawings they must provide:

  • a full personal income tax return, and
  • a full business income tax return.

Substantial evidence may include:

  • a significant industry downturn, or
  • an environmental disaster such as:
  • bushfire,
  • flood, or
  • drought, or
  • a significant change in business operations.

A person is not considered to be in severe financial hardship if these returns show that the business can sustain the drawings.


Determining Severe Financial Hardship - Unavoidable or Reasonable Expenditure

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Delegate to consider unavoidable or reasonable expenditure

A delegate should exercise their discretion in determining whether a person is in severe financial hardship by having reasonable regard to the unavoidable or reasonable expenditure of the person in comparison to the maximum annual rate of pension. The capacity for non-dependent household members to contribute to the day to day costs of living should also be considered.

Unavoidable or reasonable expenditure

Unavoidable or reasonable expenditure of a pensioner suffering severe financial hardship includes the day to day cost of living (referred to as the reasonable cost of living) plus other unavoidable or reasonable expenditure. Costs must be considered to be reasonable, example: family type accommodation as compared to a luxury hotel.

Examples – reasonable costs of living

The following are examples of expenses that would be considered as reasonable costs of living:

  • food,
  • rent or mortgage payments,
  • regular medical expenses,
  • rates, water and sewerage costs,
  • gas, electricity and telephone bills,
  • petrol,
  • public transport costs, and
  • any other cost the Commission determines is a reasonable cost of living for the pensioner.
Other examples of unavoidable or reasonable expenditure
  • repairs to or replacement of, essential whitegoods in the pensioner's home,
  • replacements for essential household goods stolen or lost through natural disaster when cost is not the subject of an insurance policy,
  • funeral expenses,
  • essential repairs to the pensioner's car or home,
  • essential medical expenses,
  • school expenses,
  • motor vehicle registration,
  • essential expenses associated with the birth or adoption of a child by the pensioner,
  • premiums for vehicle or home insurance, and
  • any other cost the Commission determines is unavoidable or reasonable expenditure.
Examples of expenditure which is not unavoidable or reasonable

The following are examples of expenses that would not be considered as unavoidable or reasonable expenditure:

  • a family holiday,
  • purchasing inessential  furniture,
  • entertainment costs,
  • purchase/installation of a recreational swimming pool,
  • paving a driveway, and
  • any other cost the Commission determines is not an unavoidable or reasonable expenditure.


Differentiating between Temporary and Long Term Severe Financial Hardship

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Last amended: 30 April 2014

Difference between long term and temporary hardship

The following table illustrates the practical difference between temporary and long-term severe financial hardship.

If

then the financial hardship is considered

the person's financial position has suffered substantially as a result of factors such as:

  • bushfire,
  • drought,
  • illness of the proprietor,
  • a downturn in the industry or sector of the industry,

and improvement in their financial position is likely in the future

Temporary

improvement in the person's financial position is not likely in the foreseeable future

long term

Impact of temporary hardship

Where a person's financial hardship is considered temporary, it would be unreasonable to expect the person to radically restructure asset holdings to alleviate their situation. Consideration should also be given to the fact that the temporary hardship affecting a business is likely to have reduced the value of the assets concerned. Therefore the question of appropriate valuation of the assets under the assets test should be considered. Although there are situations where a person is not expected to sell property, they may be able to sell other assets to alleviate any hardship. It is at the discretion of the Commission to decide whether the hardship is long term or temporary.

Indication of long term hardship

A long-term hardship situation is one where improvement in the person's financial position is not likely in the foreseeable future. The person would then normally be expected to re-arrange financial affairs to try and improve their own financial position. To do this the person would be expected to realise non-liquid assets which are of significant value, e.g. caravan, boat, second car, additional land, holiday home and life assurance policy. Where the total value of these realisable assets, combined with other readily available assets is below, the maximum single annual rate of service pension for non-partnered cases or the maximum combined annual rate of service pension for partnered cases, as per the rate calculator, the person would not be expected to realise them before the hardship provisions can be applied.      

More ? [786]


3.10.5/Determining Severe Financial Hardship - Readily Available Funds [766]

More ? (go back) [787]

3.10.6 Rate Calculation under the Hardship Provisions

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VEA ? [789]

Rate calculation when hardship provisions apply

To calculate the rate of service pension or income support supplement payable under the hardship provisions, the person's adjusted annual rate of ordinary income [3] is deducted from the maximum payment rate [3] of service pension or income support supplement

Unrealisable financial asset is exempt from the deeming provisions

    

VEA ? [790]

If a financial asset is determined to be unrealisable under s.52Y for the purposes of the hardship provisions, it must be exempted from the deeming provisions.


Section 52Z [25] VEA

VEA ? (go back) [791]

Section 52Y [25] VEA

VEA ? (go back) [792]

According to Section 52Z(3) of the VEA a person's adjusted annual rate of ordinary income is an amount per year equal to the sum of:

  • the person's annual rate of ordinary income (other than income from assets), and
  • the person's annual rate of ordinary income from assets that are not assets tested, and
  • either:
  • the person's annual rate of ordinary income from unrealisable assets, or
  • the person's notional rate of ordinary income from unrealisable assets, whichever is the greater, and
  • an amount per year equal to $9.75 for each $250 of the value of the person's assets (other than disregarded assets)

 

 

The maximum payment rate is the amount calculated by adding the maximum basic rate applicable to a person to any rent assistance and pension supplement payable. See SCH6-A1(2) of VEA [183] (Method Statement 1 Step 4) and SCH6-A1(6) of VEA [183] (Method Statement 5 Step 4).

 

 

3.10.7 Notional Annual Rate of Ordinary Income

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Notional annual rate of ordinary income - unrealisable assets

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Last amended: 10 October 2007

    

VEA → [795]

 

Unrealisable assets are deemed to produce a notional income. The notional annual rate of ordinary income is assessed separately for each unrealisable asset.

Notional annual rate of ordinary income calculation

A person's notional annual rate of ordinary income from an unrealisable asset is the lower of:

  • 2.5% of the value of the person's and the person's partner's unrealisable asset, or
  • the amount per year that could reasonably be expected to be obtained from a purely commercial application of the person's and the person's partner's unrealisable assets.  Where the unrealisable asset is a property, this amount will be the commercial lease value [3].
Exceptions:

(i) If a person receives income from an unrealisable asset, special provisions apply.

(ii) Notional ordinary income is not calculated using this method if the unrealisable asset is a property and is occupied by:

  • a person's near relative or a long term tenant with a low income, or
  • one partner of a separated couple.

If the occupier is a near relative or a long term tenant with a low income, the commercial lease value is calculated as 20% of the total income of the occupant (and partner) of the property. Total income includes all social security income support payments.

If the occupier is one partner of a separated couple, the notional ordinary income calculation depends on rental arrangements between the non-occupier and the occupier.

Notional income for separated couples

 

If the occupying partner:

Then notional income is:

is paying rent to the non-occupier

t — he lesser of:

  • 2.5% of the non-occupier's interest in the property, or
  • the amount of the rent minus all reasonable expenses.

Example: bank charges are reasonable expenses

does not have a rental agreement with the non-occupier

the lesser of:

  • 2.5% of the non-occupier's interest in the property, or
  • the non-occupier's share of the commercial lease value

Example: a pensioner that has a 50% interest in the home is taken to receive 50% of the commercial lease value

refuses to pay rent to the non-occupying partner, pending property settlement

not calculated

 

Note: the non-occupier must produce clear evidence that an occupying partner refuses to pay rent – eg. a letter from a partner's solicitor

Pensioner receives income from an unrealisable asset

If a pensioner receives income from an unrealisable asset, then notional ordinary income is:

  • the lower of 2.5% of the asset's value, or
  • the commercial lease value, minus
  • actual income received.

 

Exception: The actual income received is used to calculate the rate under the hardship provisions if the actual income received is greater than calculated notional ordinary income.


 

 

 

Section 52Z(5) [796] VEA

 

VEA → (go back) [797]

For non-farming properties, the commercial lease value of an asset [3] is the value that can reasonably be obtained by using the asset. Generally this is the asset's market rental value.

For farming properties, the commercial lease value is assessed by the AVO [3]. Reassessment may be requested if the valuation does not sufficiently take into account any of the following:

  • inherent characteristics of the land, eg soil conditions, erosion, salinity, condition of fencing,
  • demand for the land,
  • general farm incomes,
  • legal impediments to commercial use, eg an existing lease,
  • expenses incurred if the farm is leased, eg rates, insurance, interest,
  • value of water licences (if relevant), or
  • value of tobacco quotas (if relevant).

Note: If the asset does not have commercial lease value then notional income for the asset cannot be assessed.

 

 

Notional Annual Rate of Ordinary Income - farms

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Last amended: 10 October 2007

Unrealisable assets, including farms, are deemed to produce a notional income, except where special provisions apply.

Notional ordinary income – person's farm

Where the unrealisable asset is a farm being worked to its full capacity solely by the pensioner or their partner, notional income is not assessed. In this situation, only the actual income derived from the property is taken into account.

Notional ordinary income – person's farm being used by a family member

Special provisions apply if the farm is being worked by a family member. In this case, the notional ordinary income for a person's farm that is an unrealisable asset is the lower of:

  • 2.5% of the value of the farm, or
  • the commercial lease value [3], or
  • the rent that the family member can reasonably be expected to pay (reasonable rent) minus any rent actually received by the person from the family member.
Reasonable rent

Reasonable rent is defined by the following formula:

Reasonable rent = (Income – FTB free area) ? 2

Example: A pensioner's son and his partner are sole occupants of the farm. The annual net farm income is $32,000. The partner's annual salary is $12,000. Therefore their total income is $44,000. The maximum family income free area for 2007 is $41,318. Reasonable rent is $1,341 calculated as ($44,000 - $41,318) ?  2

The farm is valued at $240,000. Therefore 2.5% of $240,000 = $6,000

The commercial lease value of the farm is $8,000 per annum.

Reasonable rent is $1,341

Therefore notional income for the property is $1,341

Net value of a farm

The net value of a farm is the value of :

  • the farm, plus
  • the land, improvements, livestock plant and machinery, minus
  • encumbrances.
Example of net value of a farm

The value of the farm includes improvements, livestock, plant and machinery.

The farm value does not include the value of a person's:

  • principal home,
  • household contents and personal effects, and
  • motor vehicle.
Notional annual rate of ordinary income – other farming situations

When the farm is not operated by a pensioner, their partner or a family member, reasonable rent does not need to be calculated. In this case, the notional income for the farm is the lower of:

  • 2.5% of the net value, or
  • the commercial lease value.

For non-farming properties, the commercial lease value of an asset [3] is the value that can reasonably be obtained by using the asset. Generally this is the asset's market rental value.

For farming properties, the commercial lease value is assessed by the AVO [3]. Reassessment may be requested if the valuation does not sufficiently take into account any of the following:

  • inherent characteristics of the land, eg soil conditions, erosion, salinity, condition of fencing,
  • demand for the land,
  • general farm incomes,
  • legal impediments to commercial use, eg an existing lease,
  • expenses incurred if the farm is leased, eg rates, insurance, interest,
  • value of water licences (if relevant), or
  • value of tobacco quotas (if relevant).

Note: If the asset does not have commercial lease value then notional income for the asset cannot be assessed.

 

 

3.11 Lump Sum Advance

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This chapter contains information on advance payment of pension and repayment of the lump sum advance.

See Also

Lump Sum Advance

Chapter 3.10 Financial Hardship [800]

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

Chapter 9.1 Income and Assets Test Principles [285]

Chapter 10.1 Ordinary Income [36]

Chapter 12.5 Reviews and Appeals [11]


3.11.1 Overview of Lump Sum Advance

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Last amended: What is a lump sum advance

    

VEA ? [802]

A lump sum advance is an advance payment of pension up to 3/52 of the [glossary:advance:] payment [3] [glossary:eligible amount:]. If additional funds are required for any purpose then an amount of pension can be paid in advance. This advance may be for any purpose, for example:

  • unplanned expenses,
  • replacement, or
  • repairs of household goods.

This advance is payable if the pensioner is an eligible pensioner receiving a [glossary:pension:] from DVA.    

More ? [803]

Applying for lump sum advance

To apply for a lump sum advance an application must be made in writing in accordance with a form which has been approved by the Commission. Form D0556 Application for Lump Sum Advance Payment of a Pension has been approved by Commission for this purpose.  An application for a lump sum advance may be lodged electronically, by telephone or by email, provided the applicant submits all the information which is sought by Form D0556.  Form D0556, or an equivalent file record which records the same information as Form D0556, can be completed by a DVA employee and then maintained on file as a written record of the lump sum advance application. The client's telephone call or email request for a lump sum advance can be accepted as their authorisation for an application to be made by another person on their behalf. Lump sum advance applications may also be lodged by fax, as covered by Legislative Instrument R27/2010 signed by the Commission on 16 April 2010 which authorises the electronic lodgment arrangements under VEA section 5T.

Payment of lump sum advance

Once the delegate of the Commission is satisfied that the pensioner is eligible for the advance payment, the amount granted should be paid on the next practicable pension payday on which the pensioner is paid an instalment of pension. The payment must be paid as a lump sum.    

More ? [804]

Repayment of lump sum advance

The advance payment deduction is calculated by dividing the full amount of the advance payment by 13. This rate of deduction from the pension ensures the advance payment is repaid in six months. An advance payment deduction is not to be made from the pension on the same payday that the advance payment is made. The pensioner may request in writing to repay the advance payment in a shorter period of time by making a one off additional repayment or by requesting a higher fortnightly deduction rate.    

More ? [805]

Repayment of lump sum advance – hardship assessment

Where an advance payment deduction causes severe financial hardship due to a change in circumstances the pensioner can apply in writing to the Commission to have the rate of deduction reduced or stopped.    

More ? [806]

Review of a lump sum advance decision

A pensioner who is dissatisfied with a decision of the Commission in relation to an advance payment can request the Commission to review the decision. A written notice of the making of the decision and of the right of the person to have the decision reviewed must be provided to the person. The Commission after review may affirm the decision or set it aside and substitute a new decision for it.     

More ? [807]


Advance payment of pension and income support supplement

Section 79B [25] VEA through to Section 79S [25] VEA

VEA ? (go back) [808]

Section 3.11.2 Lump Sum Advance Eligibility [809]

More ? (go back) [810]

Section 3.11.3 Payment of Lump Sum Advance [811]

More ? (go back) [812]

Section 3.11.4 Repayment of Lump Sum Advance [813]

More ? (go back) [814]

Section 3.11.5 Repayment of Lump Sum Advance – Hardship Assessment [815]

More ? (go back) [816]

Section 3.11.6 Right of Review [817]

More ? (go back) [818]

According to the Income Tax Assessment Act 1997, the supplementary amount of a Veterans' Affairs pension is the total of:

  • any payment of Rent Assistance;
  • any payment of Dependent child add-on;
  • any payment of Remote area allowance;
  • any payment of Tax-exempt pension supplement; and
  • any payment of Energy supplement.

 

 

3.11.2 Lump Sum Advance Eligibility

  • Log in [819] to post comments
Last amended 
Tuesday, May 1, 2018

Eligibility criteria for lump sum payment

    

VEA ? [820]

 

To be eligible for the lump sum advance the person must meet the following criteria:

  • a Part II, III, or IV pension or income support supplement is payable, and
  • have been eligible to be paid a DVA pension [3] that can be advanced, or have been receiving a social security pension [3] or social security benefit [3] through Centrelink, continually during the three months before applying for the advance,
  • be able to afford to repay the advance without suffering severe financial hardship,
  • be eligible to receive an advance above the minimum advance amount,
  • not have an advance payment of pension or a social security entitlement under Part 2.22 of the Social Security Act 1991 that has not been fully repaid after 12 months,
  • not owe any money to the Commonwealth under section 205 or 205A of the VEA.

Additionally, a person may be eligible for multiple advances. In accordance with rules set out under 79K of the VEA, a person's advance amount from the previous 13 fortnights which has not been repaid must be subtracted from any new advance paid to the eligible person.

More ? [821]

Note: a person is eligible to be paid pension from the date of effect of the grant of pension.

Australian residency requirement

    

VEA ? [822]

 

The applicant for the lump sum advance must be an Australian resident [3] and be residing in Australia when the application is lodged.

Pensioners not eligible for the advance

Some persons are not eligible for the lump sum advance payment because they are in receipt of payments that can not be advanced. These include:

  • a beneficiary under the Veterans' Children Education Scheme [3], or
  • a person who is receiving Defence Force Income Support Allowance [3] (DFISA) but no other payments from DVA, for example , the partner of a disability pensioner, or
  • a person receiving veteran payment.

These clients receiving DFISA should be encouraged to contact Centrelink to see whether they may be eligible for a lump sum advance of their Centrelink payment.

Duty of care issues

The likelihood of an advance being misused is not a factor in assessing an application for an advance.

Capacity to repay

If the pensioner indicates on the application form that:

  • they can afford to repay the advance, and
  • there is nothing in the pensioner's record to suggest otherwise,

the delegate should have no reason not to be satisfied that the pensioner can manage on a reduced pension and would not suffer financial hardship. For cases where there is doubt, the delegate may require the completion of the form D0557, Lump Sum Advance Payment, Income/Expenses Calculator. The purpose of the form is to satisfy the assessor that an application considered doubtful would not result in the applicant suffering hardship from repaying the advance.


 

 

 

Section 79B [25] VEA

 

VEA ? (go back) [823]

 

Section 3.11.4 Repayment of Lump Sum Advance [813]

 

More ? (go back) [824]

 

Section 5G [25] VEA

 

VEA ? (go back) [825]

Pension means a pension payable under Part II, III or IV of the VEA or an income support supplement [826].

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

 

 

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.

Veterans' Children Education Scheme provides financial assistance and guidance in the education and training of eligible children as defined under section 116 of the VEA [45].  Eligible children must be full-time students and be under 25 years of age at the time of application.

The VCES aims to encourage and assist eligible children to achieve their educational potential and prepare for suitable careers.  The education allowance is not means tested, however, benefits cannot be paid to a student who is receiving other Commonwealth education assistance (including Youth Allowance), income support or assistance from any other similar scheme.

 

 

Defence Force Income Support Allowance (DFISA) is an income support payment [3] to be made by DVA [3] to people whose income support payment under Social Security Law [3] is reduced, or not payable, because of the impact of adjusted disability pension [3]. DFISA is the difference between the person's existing entitlement, and what the entitlement would have been had adjusted DP been exempt, but was assessed in the calculation of rent assistance.

 

 

3.11.3 Payment of Lump Sum Advance

  • Log in [827] to post comments

Last amended: 5 March 2013

Advance payment eligible amount

    

VEA ? [828]

The advance payment eligible amount is the sum of the maximum basic rate of service pension that applies to the person (i.e. single, partnered, illness separated) and the amount (if any) by which the person's pension supplement [3] exceeds the minimum pension supplement amount [3].  For people not receiving a service pension this is calculated as if they were receiving the pension.

Amount of lump sum advance payment

    

VEA ? [829]

The result of the following process is the maximum advance payable:

Step

Action

1

Work out 3/52 of the person's advance payment eligible amount.

2

Work out the annual rate at which pension was payable to the person on the last payday before they applied for an advance payment (excluding any remote area allowance, minimum pension supplement and clean energy supplement [3]).

3

Work out the smaller of the result of Step 1 and:

  • for service pensioners and ISS recipients – 7.5% of the result of Step 2
  • otherwise – 13 times the fortnightly rate of pension payable to the person.

4

From the result of step 3 subtract:

  • any advance payments paid in the previous 13 fortnights
  • any other advance payments that have not been fully repaid.

5

Round the result of step 4 to the nearest cent (rounding 0.5 cents upwards).

A pensioner can request any amount of lump sum advance providing it is less than the [glossary:advance:] payment [3] [glossary:maximum amount:] and greater than the [glossary:advance:] payment [3] [glossary:minimum amount.:]

Minimum amount of advance payment

    

VEA ? [830]

The minimum advance payable is 1/52 of the person's [glossary:advance:] payment [3] [glossary:eligible amount:].

Frequency of lump sum advance

There is no direct limit on the number of lump sum advance payments.  In practice, due to the operation of the minimum and maximum amounts, up to three lump sum advances can be granted in any 13 week period.

Service Pensioners or ISS recipients who also receive Disability Pension

Where an individual has two payments which make them eligible for a lump sum advance, they are entitled to receive a lump sum advance based on whichever payment gives the higher advance amount.

Example of a lump sum advance for a person receiving service pension and disability pension

Anne is a single person who receives fortnightly service pension payment of $530.60 (including pension supplement but excluding clean energy supplement) and a 15% disability pension payment of $64.89 (excluding clean energy supplement). She applies for an advance of $800. A delegate of the Commission determines that she meets all of the eligibility criteria. She has not received any advances in the past 13 fortnights.  Based on her service pension (excluding the minimum supplement and clean energy supplement) her maximum lump sum advance is $975 ([$530.60 – 30.60] x 1.95).  Based on her disability pension her maximum lump sum advance is $843.57 ($64.89 x 13).  As the service pension advance is higher, but is less than the maximum single advance of $1,005.75, that amount will be her maximum advance.  Her minimum advance is $381.05.  Based on her service pension, she can receive an advance of $800, but she will not be eligible for another advance for the next thirteen fortnights, as her maximum advance less the $800 advance is lower than the minimum advance payment amount.

Example of a person not able to receive an advance

Bob has a partner and they receive fortnightly service pension payment of $83.10 each (including pension supplement but excluding clean energy supplement). He applies for an advance of $300. A delegate of the Commission determines that he meets all of the eligibility criteria. He has not received any advances in the past 13 fortnights.  The maximum amount of advance he can receive based on his service pension (excluding the minimum supplement and clean energy supplement) is $117 ([$83.10 – 23.10] x 1.95).  However, as this is less than the $287.25 minimum advance amount, Bob is not entitled to an advance.

Example of multiple lump sum advances

Henry has a partner but is receiving the single rate of service pension because his wife is in aged care.  He is on the maximum rate of service pension.  He has already received an advance of $500, which he has repaid for three fortnights at $38.46 per fortnight, with $384.62 of this advance still outstanding.  His maximum advance amount is $505.75 ($1,005.75 less the $500 already advanced in the last 13 fortnights).  His minimum advance amount is $381.05.  If he takes an advance of $505.75 his repayments will be $68.49 per fortnight ($505.75 + $384.62 divided by 13).

Payment of lump sum advance

    

VEA ? [831]

If the application is granted, the advance payment is paid as a lump sum, either:

  • on the next day that the pension is payable, or     VEA ? [832]
  • on a day stated in the determination (usually within two working days).     VEA ? [833]

The lump sum advance is generally paid into the same account as the pension payment. The advance may be paid into another account, provided that it is nominated and maintained by the person who is eligible to receive the advance.     

More ? [834]


Section 5Q(1) [25] VEA

VEA ? (go back) [835]

Maximum amount of  advance payment

Section 79K [25] VEA

VEA ? (go back) [836]

Section 79B(2) [25] VEA

VEA ? (go back) [837]

Section 79J [25] VEA

VEA ? (go back) [838]

Section 79J(1) [25] VEA

VEA ? (go back) [839]

Section 79J(3) [25] VEA

VEA ? (go back) [840]

11.5.2/Accounts into which direct credit payments can be made [841]

More ? (go back) [842]

The pension supplement is added to a person's maximum basic rate [3]. The pension supplement is calculated as a 'combined couple' rate. The 'not a member of a couple' rate is 66.33% of the 'combined couple' rate. The member of a couple rate is 50% of the combined couple rate. From 1 July 2010, the minimum pension supplement amount [3] will be able to be claimed on a quarterly basis rather than on a fortnightly basis.

 

 

The minimum pension supplement is an annual rate and is paid fortnightly. From 1 July 2010, the minimum pension supplement will become more flexible, with recipients able to elect to receive the payment quarterly. It is calculated as a combined couple rate and is indexed twice a year in line with CPI increases. The 'not a member of a couple' rate is 66.33% of the combined couple rate. The member of a couple rate is 50% of the combined couple rate. The minimum pension supplement commenced on 20 September 2009 and replaced utilities allowance and telephone allowance.

 

 

The energy supplement is a fortnightly or quarterly payment designed to help recipients meet the cost of electricity and gas bills.

 

 

According to the Income Tax Assessment Act 1997, the supplementary amount of a Veterans' Affairs pension is the total of:

  • any payment of Rent Assistance;
  • any payment of Dependent child add-on;
  • any payment of Remote area allowance;
  • any payment of Tax-exempt pension supplement; and
  • any payment of Energy supplement.

 

 

According to the Income Tax Assessment Act 1997, the supplementary amount of a Veterans' Affairs pension is the total of:

  • any payment of Rent Assistance;
  • any payment of Dependent child add-on;
  • any payment of Remote area allowance;
  • any payment of Tax-exempt pension supplement; and
  • any payment of Energy supplement.

 

 

According to the Income Tax Assessment Act 1997, the supplementary amount of a Veterans' Affairs pension is the total of:

  • any payment of Rent Assistance;
  • any payment of Dependent child add-on;
  • any payment of Remote area allowance;
  • any payment of Tax-exempt pension supplement; and
  • any payment of Energy supplement.

 

 

3.11.4 Repayment of Lump Sum Advance

  • Log in [843] to post comments

Last amended: 5 March 2013

Repayment of advanced amount

    

VEA ? [844]

An advance is recovered by deductions from the fortnight pension payment. It is recovered over 13 fortnights at the rate of the advanced lump sum amount divided by 13. An advance payment deduction is not to be made from the pension on the same payday that the advance payment is made. The deduction commences from the payday after the advance payment has been made to the pensioner. If multiple lump sum advances are taken, the repayment amount will be the outstanding amount of the first advance plus the amount of the subsequent advance divided by 13.

Repayment of the advance at a higher rate

    

VEA ? [845]

A person may request a higher rate of deduction. The request must be in writing and the delegate must be satisfied that the pensioner would not suffer severe financial hardship as a result of the increased deduction. The pensioner may also make extra cash or cheque payments to reduce the amount outstanding. The pensioner may then choose to have a reduced fortnightly deduction for the remainder of the original repayment period, or repay at the original rate of deduction for a reduced number of fortnights.

Repaying the advance more quickly than originally anticipated will not necessarily mean that the person will be able to access another advance within the same 13 fortnight period. This is because the lump sum advance available to a person is reduced by the full amount of the lump sum advance already received (regardless of any repayments made) for the following 13 fortnights.     

More ? [846]

Rounding of the advance payment deduction

    

VEA ? [847]

The amount for the advance payment deduction is rounded to the nearest cent.

Payment rate insufficient to cover advance payment deduction

    

VEA ? [848]

The rate of pension (this includes both disability pension and/or income support payments) may be insufficient to cover the amount of advance payment deduction (this may occur where the pensioner undertakes employment during the period where the advance payment is being repaid). In such cases the amount of deduction is taken to be the amount of pension in payment. The amount of income support pension in payment includes any additional amount payable by way of:

  •  rent assistance [3];
  •  pension supplement [3]; and
  •  clean energy supplement [3];
  • but excludes any amount payable by way of remote area allowance [3].

As the full repayment has not been made, the number of fortnights over which the advance payment is recovered is increased.

Payability of pension is protected

If the rate of income support pension is reduced to nil because of an advance lump sum deduction, payability of that pension is retained.

Unrepaid advance to a deceased pensioner

    

VEA ? [849]

If a pensioner dies during a period where a lump sum advance is being deducted from their pension, then the balance outstanding becomes a debt to the Commonwealth. The debt is recoverable from the deceased estate.

Deduction increased at pensioner's request

A pensioner may request that the rate of the advance payment deduction be increased. This request must be in writing and can only be approved if the delegate is satisfied that the pensioner would not suffer severe financial hardship.

Taxation of the advance repayment

The lump sum advance of service pension or income support supplement becomes taxable income as it is repaid. For example, if a veteran on age service pension is granted a lump sum advance of $400, the fortnightly rate of deduction of $30.77 is added to the veteran's taxable pension amount each fortnight until the lump sum amount is repaid. This applies regardless of when the advance was paid during the financial year.


Section 79M [25] VEA

VEA ? (go back) [850]

Section 79N [25] VEA

VEA ? (go back) [851]

Section 3.11.3 Payment of lump sum advance [811]

More ? (go back) [852]

Section 79R [25] VEA

VEA ? (go back) [853]

Section 79Q [25] VEA

VEA ? (go back) [854]

Section 79S [25] VEA

VEA ? (go back) [855]

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.

The pension supplement is added to a person's maximum basic rate [3]. The pension supplement is calculated as a 'combined couple' rate. The 'not a member of a couple' rate is 66.33% of the 'combined couple' rate. The member of a couple rate is 50% of the combined couple rate. From 1 July 2010, the minimum pension supplement amount [3] will be able to be claimed on a quarterly basis rather than on a fortnightly basis.

 

 

The energy supplement is a fortnightly or quarterly payment designed to help recipients meet the cost of electricity and gas bills.

 

 

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.

3.11.5 Repayment of Lump Sum Advance - Hardship Assessment vs 1

  • Log in [856] to post comments
Date published 
Friday, December 5, 2014
Last amended 
Friday, December 5, 2014
Advance payment deduction causes hardship

    

VEA → [857]

 

Where an advance payment deduction causes severe financial hardship due to a change in circumstances the pensioner can apply in writing to the Commission to have the rate of deduction reduced or stopped. This can only be approved if the delegate of the Commission is satisfied that:

  • the pensioner's change in circumstances is exceptional and was unforeseen at the time of application for the advance payment, and
  • the pensioner would suffer severe financial hardship if the repayment rate was not reduced.

Form D0555 Lump Sum Hardship Claim requires the pensioner to indicate how long they expect their changed circumstances to continue to affect their ability to repay at the current rate and how much they think they can afford to repay. Additional information is also sought on the pensioner's fortnightly income and expenses in order to give the delegate an indication of their capacity to repay. If the delegate [3] is satisfied the criteria are met, they may determine in writing that the advance payment deduction can be reduced or stopped. The delegate must specify a period and a review should be set for the end of that period to resume the higher deduction rate.

Assessing hardship – issues to consider

The following is relevant when assessing severe financial hardship:

  • consider whether temporary additional expenses are reasonable, unavoidable and disregard any that are not, and
  • the pensioner's new financial circumstances will determine whether the current rate of repayment would cause severe financial hardship.
Review of hardship

At any time that a determination is in force for an advance payment deduction to be decreased or stopped because of severe financial hardship, a delegate can either vary that determination and increase deductions or can revoke the determination so that deductions return to their original level. A new determination to vary or revoke the reduction can only be made if the delegate is satisfied that the pensioner would not suffer severe financial hardship as a result. The decision to vary or revoke must be in writing. In the case of variation, the amount of the deduction cannot be larger than the deduction amount set prior to hardship being determined.

 

 

Section 79O [858] VEA

 

VEA → (go back) [859]

A Delegate of the Commission [3]  is a decision-maker who has been delegated authority to exercise the Commission's powers for the administration of pensions under theVEA [3].

 

 

3.11.6 Right of Review

  • Log in [860] to post comments

Last amended: 27 November 2002

Review of lump sum advance decision

    

VEA → [861]

 

If a pensioner is dissatisfied with a decision of the Commission in relation to an advance payment they may request in writing that the Commission review the decision. The request must be within 3 months of the date the pensioner was notified of the decision and set out the grounds on which the request is made. The decision under review must not be reviewed by the delegate who made the original decision. A written notice of the making of the decision and of the right of the person to have the decision reviewed must be provided to the person.

 

 

Section 79T [862] of VEA

VEA → (go back) [863]

3.12 Crisis Payment

  • Log in [864] to post comments

This chapter contains information on immediate financial assistance called crisis payments to people in severe financial hardship and suffering from extreme circumstances or release from lawful custody.

See Also

Crisis Payment

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

Chapter 9.1 Income and Assets Test Principles [285]

Chapter 9.2 Residential Situation [243]

Chapter 9.3 Marital Status [34]

Chapter 11.7 Imprisonment [323]


3.12.1 Overview of Crisis Payment

  • Log in [865] to post comments

Last updated 5 March 2013

What is a crisis payment

A crisis payment is immediate financial assistance to people in severe financial hardship [3] and suffering from extreme circumstances, domestic or family violence [3], or release from lawful custody. The payment is designed to assist them in establishing a new residence following specifically defined extreme circumstances or release from lawful custody, or to re-establish their residence after domestic or family violence has occurred. It is a non-taxable, 'one-off' non-refundable payment.

Eligibility for crisis payments

To receive a crisis payment a person must be in severe financial hardship, receiving or be eligible to receive certain income support payment [3]s (excluding Veteran Payment) from DVA, and meet one of the qualifying circumstances:    

More ? [866]

 

  • extreme circumstances forcing departure from home,    More ? [867]
  • have been subjected to domestic or family violence by a family member [3] and choose to remain in the family home after the perpetrator has left or been removed from the home, or    More ? [868]
  • release from lawful custody [3] – prison or psychiatric confinement.    More ? [869]

A person is not eligible if:

  • a disaster relief payment has been paid for the same circumstances at the time of the determination,
  • the Commission [3] is satisfied that the extreme circumstance or the departure from the home by the perpetrator of the domestic or family violence was brought about in order to obtain a crisis payment, or
  • the person has received four crisis payments for extreme circumstances or domestic or family violence in the twelve months prior to the claim.
  • the person is receiving Veteran Payment.
Limitations on the number of crisis payments

There is a limit of four crisis payments payable in a twelve month period which only applies to crisis payments due to extreme circumstances and domestic or family violence. Crisis payments that are made to a person on release from lawful custody do not count towards the maximum of four crisis payments due to extreme circumstances or domestic or family violence in a twelve month period.

Example 1 – limitations

A person serves two short prison terms and receives crisis payment on release from prison each time. The person also suffers extreme circumstances due to the house being damaged by fire, then later by flood, and receives crisis payment for each extreme circumstance. The person is then made the subject of an apprehended violence order and must leave the home. The person is eligible for crisis payment again, as the maximum of four crisis payments due to extreme circumstances or domestic or family violence has not yet been reached. Over the twelve month period, the person has received a total of five crisis payments – two on release from lawful custody, and three due to extreme circumstances.

Example 2 – limitations

A person is subjected to domestic or family violence three times during a twelve month period, receiving a crisis payment each time the perpetrator is removed from the home. The person then suffers extreme circumstances due to the house being damaged by fire, and receives another crisis payment as they are forced to leave the home. The person is then subjected to domestic or family violence again, within the same twelve month period. As the person has already received four crisis payments due to domestic or family violence or extreme circumstances within a twelve month period, they are not eligible for a crisis payment for the fifth incident. The person then serves a short prison term. On release, they are eligible for a crisis payment even though they have already received four payments in the twelve month period, as there is no limit on the number of crisis payments payable on release from lawful custody.

Claim and payment

A claim for a crisis payment must be on a form approved by the Commission [3]. An informal claim must be followed by a proper claim [3] within fourteen days. The rate of crisis payment is a flat rate of one week's pension based upon the maximum basic rate [3] of pension, pension supplement and clean energy supplement [3].    

More ? [870]

 

Legislative authority

    

VEA ? [871]

 

The Veterans' Entitlements (Special Assistance) Regulations 1999, were created under s106 [25] of the Veterans' Entitlements Act 1986 (Special Assistance), to authorise payment of a crisis payment.  The Regulations, approved by the Repatriation Commission [3], set out the prescribed conditions.    

More ? [872]

 


 

 

 

Section 3.12.2 Eligibility for Crisis Payment [873]

 

More ? (go back) [874]

 

Section 3.12.3 Extreme Circumstances Causing Departure from the Home [875]

 

More ? (go back) [876]

 

Section 3.12.4 Domestic or Family Violence – Remaining in the Home [877]

 

More ? (go back) [878]

 

Section 3.12.5 Release from Lawful Custody [879]

 

More ? (go back) [880]

 

Section 3.12.6 Claim and Payment of Crisis Payment [881]

 

More ? (go back) [882]

 

Section 106 [25] VEA

 

VEA ? (go back) [883]

 

Veterans' Entitlements (Special Assistance) Regulations 1999

http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200400983?OpenDocument [884]

 

More ? (go back) [885]

In general terms, this is where someone is suffering from serious money difficulties, such as insufficient income to manage their basic living expenses. More detailed descriptions of various financial hardship situations are covered under the following topics:

  • financial hardship provisions under section 52Y of the VEA [45], for the purpose of the calculating a rate of service pension [3] or income support supplement [3],
  • financial hardship for the purpose of crisis payment [3],
  • hardship amount [3] for income stream [3] purposes,
  • hardship assessment of lump sum advance repayments under section 79O of the VEA,
  • financial hardship for special deeming exemptions of 'saved' personal loans and 'frozen' unlisted property trusts,
  • early release of superannuation benefit [3] due to severe financial hardship, and
  • proof of identity at time of pension claims in emergency or hardship situations.

 

 

Domestic or family violence is described by a variety of terms, including but not restricted to:

  • assault, sexual assault,
  • child, wife/partner, elder abuse,
  • domestic violence,
  • economic, social, verbal, emotional, psychological abuse,
  • exploitation,
  • financial coercion,
  • maltreatment, or
  • neglect.

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.

 

 

According to section 5L of the VEA  [183]a family member, in relation to a person, means:

  • the partner, father or mother of the person, or
  • a sister, brother or child of the person, or
  • another person who, in the Commission's opinion, should be treated as one of these relations for the purposes of this definition.

Please note, the definition of a parent is further defined in section 10A of the VEA [183].  

Lawful custody is detention of a person in prison, or in psychiatric confinement because they have been charged with an offence.

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

 

 

A claim which the legislation requires to be made on a 'form approved by the Commission' or 'in accordance with a form approved by the Commission' means that the claim must meet certain requirements, e.g. must be in writing,  provide specific information, or evidence to support the claim.  It does not mean the claim needs to be made on a special or official DVA form. However, where a DVA form is available it is preferable that it be used to ensure that all the information required for a proper claim to be made is provided.

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

According to Schedule 6-B1 of the VEA [183] a MBR is the person's maximum rate is ascertained at the date of grant of the designated pension, and is the maximum annual pension rate payable at the date of grant (excluding allowances).

 

 

The energy supplement is a fortnightly or quarterly payment designed to help recipients meet the cost of electricity and gas bills.

 

 

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

 

 

3.12.2 Eligibility for Crisis Payment

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Last updated 21 December 2006

Eligibility for crisis payment

To be eligible for a crisis payment [3] a person must be in severe financial hardship [3]. That is, the person's liquid assets are less than:

  • the fortnightly amount at the 'maximum payment rate [3]' of DVA income support pension [3] payable to the person who is not a member of a couple [3], or
  • twice the fortnightly amount at the 'maximum payment rate' of DVA income support pension payable to a person who is a member of a couple [3].
Liquid assets for the purpose of crisis payment

Liquid assets are cash and readily available funds and include, but are not restricted to, assets such as:

  • shares,
  • debentures,
  • money with financial institutions (regardless of whether the funds can be withdrawn immediately), and
  • money owed by an employer.

Note: Liquid assets do not include a qualifying eligible termination payment as defined in the Income Tax Assessment Act 1936.

Maximum payment rate for assessment of severe financial hardship

The maximum payment rate is inclusive of the basic rate of pension and associated allowances before the income and assets tests are applied but excludes remote area allowance [3]. For income support supplement [3] recipients the ceiling rate [3] does not apply.

Note: The 'maximum payment rate' for the assessment of severe financial hardship is different to the 'maximum basic rate' on which the crisis payment rate is based.


A crisis payment is a one-off non-taxable payment to extend immediate financial assistance to people in severe financial hardship who:

  • are forced to leave their home due to extreme circumstances, such as domestic or family violence [3] or a house fire, or
  • have been subjected to domestic or family violence by a family member [3] and choose to remain in the family home after the perpetrator has left or been removed from the home, or
  • released prisoners released from either goal or psychiatric institutions.

 

 

In general terms, this is where someone is suffering from serious money difficulties, such as insufficient income to manage their basic living expenses. More detailed descriptions of various financial hardship situations are covered under the following topics:

  • financial hardship provisions under section 52Y of the VEA [45], for the purpose of the calculating a rate of service pension [3] or income support supplement [3],
  • financial hardship for the purpose of crisis payment [3],
  • hardship amount [3] for income stream [3] purposes,
  • hardship assessment of lump sum advance repayments under section 79O of the VEA,
  • financial hardship for special deeming exemptions of 'saved' personal loans and 'frozen' unlisted property trusts,
  • early release of superannuation benefit [3] due to severe financial hardship, and
  • proof of identity at time of pension claims in emergency or hardship situations.

 

 

The maximum payment rate is the amount calculated by adding the maximum basic rate applicable to a person to any rent assistance and pension supplement payable. See SCH6-A1(2) of VEA [183] (Method Statement 1 Step 4) and SCH6-A1(6) of VEA [183] (Method Statement 5 Step 4).

 

 

Income support pension is:

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

 

 

The term not a member of a couple covers all persons who are not covered by the definitions of member of a couple [3].

 

 

According to Section 5E(2) [183]of the VEA [183]a person is a member of a couple, if they are:

  • legally married to another person and is not living separately and apart from the other person on a permanent basis; or
  • living in a prescribed registered relationship with the other person (whether of the same sex or a different sex) and is not living separately and apart from that other person on a permanent basis; or
  • all of the following conditions are met:
  • living with another person, whether of the same sex or a different sex;
  • not legally married to that person;
  • in a de facto relationship with that person; and
  • not in a prohibited relationship

The term “partnered” is also commonly used.

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.

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.

 

 

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.

 

 

3.12.3 Extreme Circumstances Causing Departure from the Home

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Last updated 21 December 2006

Criteria for extreme circumstances

A person applying for a crisis payment [3] due to extreme circumstances must fulfil the following eligibility criteria:

  • has left or cannot return home because of an extreme circumstance,
  • cannot reasonably be expected to remain in, or return to the home because of the extreme circumstance,
  • has established or intends to establish a new home,
  • was in Australia when the extreme circumstance occurred,
  • claims the crisis payment within seven days of the extreme circumstance occurring,
  • on the day of the claim was in severe financial hardship [3],
  • on the day of the claim is receiving or has made a claim for (on that day or earlier) and is eligible for an income support pension [3] and is eligible to receive payment on that day, and
  • has received less than four crisis payments due to extreme circumstances or domestic or family violence [3] in the last twelve months.
Extreme circumstances categories

Extreme circumstances fall into two categories:

  • domestic or family violence, and
  • other extreme circumstances.
Persons unable to live in or return to their home for legal reasons

Legal reasons may be considered to be an extreme circumstance where the person has been removed from their home and is unable to remain in or return to the home. This includes where a person is subject to an apprehended violence order (AVO) or restraining order preventing the person from remaining in or returning to the home.

Where an order is issued for only a short period (e.g. two days), the person may still be eligible for crisis payment. The issuing of an order even for a short period is an indicator that extreme circumstances are present. While the order may no longer prevent the person from remaining in or returning to their home, the person may still decide not to return. Crisis payment eligibility in this case reflects the need for the parties to live separately to avoid further violence.

Whenever the person is subject to an order, eligibility for crisis payment requires that the person lived in the home immediately prior to being removed and subjected to the order, and that they have established or intend to establish a new home.

Other extreme circumstances

Other extreme circumstances are situations where people are forced to leave their home as a result of the person's home being considered uninhabitable for five or more days after the extreme circumstance has occurred. Examples of other extreme circumstances include, but are not restricted to:

  • fire,
  • flooding,
  • gas or other noxious smells,
  • home invasion,
  • health risks, such as water contamination,
  • smoke, and
  • structural damage to the home.
Examples of when a crisis payment is not payable in extreme circumstances

Extreme circumstance...

And...

A crisis payment is not payable because...

If a person is subjected to domestic or family violence

the person intends to leave home and permanently/establish a new home

the person has not left their home.

If a person leaves their home

there is no evidence of  domestic or family violence, and the person intends to establish/has established a new home

there is no extreme circumstance precipitating the person's departure from the home.

If a person is forced to leave their home

a disaster relief payment or State Government assistance has been paid to the person

other assistance has been paid to the person.

If a person is forced to leave their home.

four crisis payments for extreme circumstances or domestic or family violence have been paid to the person within the twelve months prior to the date of this claim

the maximum of four payments for extreme circumstances or domestic or family violence in a twelve month period has been reached.

If a person is forced to leave their home

the person has been evicted

the person is not the victim of an extreme circumstance outside of their control.


A crisis payment is a one-off non-taxable payment to extend immediate financial assistance to people in severe financial hardship who:

  • are forced to leave their home due to extreme circumstances, such as domestic or family violence [3] or a house fire, or
  • have been subjected to domestic or family violence by a family member [3] and choose to remain in the family home after the perpetrator has left or been removed from the home, or
  • released prisoners released from either goal or psychiatric institutions.

 

 

In general terms, this is where someone is suffering from serious money difficulties, such as insufficient income to manage their basic living expenses. More detailed descriptions of various financial hardship situations are covered under the following topics:

  • financial hardship provisions under section 52Y of the VEA [45], for the purpose of the calculating a rate of service pension [3] or income support supplement [3],
  • financial hardship for the purpose of crisis payment [3],
  • hardship amount [3] for income stream [3] purposes,
  • hardship assessment of lump sum advance repayments under section 79O of the VEA,
  • financial hardship for special deeming exemptions of 'saved' personal loans and 'frozen' unlisted property trusts,
  • early release of superannuation benefit [3] due to severe financial hardship, and
  • proof of identity at time of pension claims in emergency or hardship situations.

 

 

Income support pension is:

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

 

 

Domestic or family violence is described by a variety of terms, including but not restricted to:

  • assault, sexual assault,
  • child, wife/partner, elder abuse,
  • domestic violence,
  • economic, social, verbal, emotional, psychological abuse,
  • exploitation,
  • financial coercion,
  • maltreatment, or
  • neglect.

3.12.4 Domestic or Family Violence - Remaining in the Home

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Last updated 21 December 2006

Intent of crisis payment - remaining in the home

Crisis payment [3] for a person who remains in the family home after being subjected to domestic or family violence [3] is intended to assist with minor repairs to the home e.g. replacing or re-keying locks, or repairing or replacing essential household items.

Criteria for domestic or family violence when the victim remains in the home

A person applying for a crisis payment due to domestic or family violence must fulfil the following eligibility criteria:

  • has been subjected to domestic or family violence by a family member [3] who was living with the person at the time of the violence,
  • remains in the family home after the perpetrator has left or been removed from the home,
  • was in Australia when the domestic or family violence occurred,
  • claims the crisis payment within seven days of the domestic or family violence occurring,
  • on the day of the claim was in severe financial hardship [3],
  • on the day of the claim is receiving or has made a claim for (on that day or earlier) and is eligible for an income support pension [3] and is eligible to receive payment on that day, and
  • has received less than four crisis payments due to domestic or family violence or extreme circumstances in the last twelve months.

Note: A person will not be eligible for a crisis payment for domestic or family violence if the Commission [3] is satisfied that the perpetrator of the violence left the person's home with a view to enabling the person to obtain a crisis payment.

Who can claim

It is possible for a crisis payment due to domestic or family violence to be paid to more than one person, provided all other eligibility criteria are met.

Example of who can claim

A person and their elderly mother who lives with them are subjected to domestic violence by the partner of the person in the family home. The partner is removed by the police and an apprehended violence order (AVO) is issued, meaning that the partner is not able to return to the home. Provided all other criteria are met, both the person and their mother are able to claim a crisis payment for the same incident. The partner who has been removed is also able to claim crisis payment for extreme circumstances causing departure from the home. The person's father, who also lives in the home, was not present at the time of the incident, therefore is not eligible to claim a crisis payment.


A crisis payment is a one-off non-taxable payment to extend immediate financial assistance to people in severe financial hardship who:

  • are forced to leave their home due to extreme circumstances, such as domestic or family violence [3] or a house fire, or
  • have been subjected to domestic or family violence by a family member [3] and choose to remain in the family home after the perpetrator has left or been removed from the home, or
  • released prisoners released from either goal or psychiatric institutions.

 

 

Domestic or family violence is described by a variety of terms, including but not restricted to:

  • assault, sexual assault,
  • child, wife/partner, elder abuse,
  • domestic violence,
  • economic, social, verbal, emotional, psychological abuse,
  • exploitation,
  • financial coercion,
  • maltreatment, or
  • neglect.

According to section 5L of the VEA  [183]a family member, in relation to a person, means:

  • the partner, father or mother of the person, or
  • a sister, brother or child of the person, or
  • another person who, in the Commission's opinion, should be treated as one of these relations for the purposes of this definition.

Please note, the definition of a parent is further defined in section 10A of the VEA [183].  

In general terms, this is where someone is suffering from serious money difficulties, such as insufficient income to manage their basic living expenses. More detailed descriptions of various financial hardship situations are covered under the following topics:

  • financial hardship provisions under section 52Y of the VEA [45], for the purpose of the calculating a rate of service pension [3] or income support supplement [3],
  • financial hardship for the purpose of crisis payment [3],
  • hardship amount [3] for income stream [3] purposes,
  • hardship assessment of lump sum advance repayments under section 79O of the VEA,
  • financial hardship for special deeming exemptions of 'saved' personal loans and 'frozen' unlisted property trusts,
  • early release of superannuation benefit [3] due to severe financial hardship, and
  • proof of identity at time of pension claims in emergency or hardship situations.

 

 

Income support pension is:

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

 

 

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

 

 

3.12.5 Release from Lawful Custody

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Last updated 21 December 2006

Crisis payment to people released from lawful custody

Crisis payment [3] is available to people released from [glossary:lawful cu:] — [glossary:stody:] [890], either prison or psychiatric confinement, and who are in severe financial hardship [3].

Eligibility for payment - prison/psychiatric release

A person applying for a crisis payment due to prison/psychiatric release must fulfil the following eligibility criteria:

  • has been in lawful custody for fourteen days or more,
  • claim crisis payment within seven days of release,
  • be in severe financial hardship, and
  • is receiving or has made a claim for (on that day or earlier) and are eligible for an income support pension [3] and is eligible to receive payment on that day.
Eligibility of psychiatric facility patients not charged with an offence

A person who lives in a psychiatric facility will only be considered for a crisis payment if they have been in lawful custody [3] for fourteen days or more and fulfil the other eligibility criteria. In all other circumstances i.e. where the person has not been charged with an offence, departure from that facility would have to have been the result of extreme circumstances.

Examples of when a crisis payment is payable – prison/psychiatric release from lawful custody

Prison release...

And...

A crisis payment is payable because...

A person is released from either prison or psychiatric confinement qualified to receive an income support pension

the person has been in prison for fourteen days and has liquid assets of less than a fortnight's pension entitlement

the person has been in prison for at least fourteen days and is in severe financial hardship.

A person is released from either prison or psychiatric confinement qualified to receive an income support pension

the person has served forty days in prison and has no liquid assets, but is starting employment on the third day after their release

the person is eligible for payment of service pension at the time of their release at least until they start work.

Examples of when a crisis payment is not payable – prison/psychiatric release from lawful custody

Prison release...

And...

A crisis payment is not payable because...

A person is released from prison

the person has been in prison for ten days and has no liquid assets

the person has not served at least fourteen days in prison. However, as the person is making an initial claim, the person may be entitled to an advance of their first instalment under severe financial hardship provisions.

A person is released from prison

the person has served twenty eight days in prison and has liquid assets equivalent to a fortnight's pension entitlement

the person is not considered to be in severe financial hardship as their liquid assets are not less than a fortnight's entitlement.

If a person is released from either prison or psychiatric confinement

the person has served thirty days in prison and has no liquid assets, but is returning to their previous employment the day after their release

the person is employed and is not qualified for an income support payment.


A crisis payment is a one-off non-taxable payment to extend immediate financial assistance to people in severe financial hardship who:

  • are forced to leave their home due to extreme circumstances, such as domestic or family violence [3] or a house fire, or
  • have been subjected to domestic or family violence by a family member [3] and choose to remain in the family home after the perpetrator has left or been removed from the home, or
  • released prisoners released from either goal or psychiatric institutions.

 

 

In general terms, this is where someone is suffering from serious money difficulties, such as insufficient income to manage their basic living expenses. More detailed descriptions of various financial hardship situations are covered under the following topics:

  • financial hardship provisions under section 52Y of the VEA [45], for the purpose of the calculating a rate of service pension [3] or income support supplement [3],
  • financial hardship for the purpose of crisis payment [3],
  • hardship amount [3] for income stream [3] purposes,
  • hardship assessment of lump sum advance repayments under section 79O of the VEA,
  • financial hardship for special deeming exemptions of 'saved' personal loans and 'frozen' unlisted property trusts,
  • early release of superannuation benefit [3] due to severe financial hardship, and
  • proof of identity at time of pension claims in emergency or hardship situations.

 

 

Income support pension is:

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

 

 

Lawful custody is detention of a person in prison, or in psychiatric confinement because they have been charged with an offence.

3.12.6 Claim and Payment of a Crisis Payment

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Last updated 5 March 2013

Claim for a crisis payment

A claim for a crisis payment [3] must be:

  • on an approved form:
  • D0567 – Application for crisis payment – prison/hospital release, or
  • D0568 – Application for crisis payment – extreme circumstances and domestic or family violence [3],
  • made in Australia,
  • made by the person or their authorised representative, and
  • within seven days of the extreme circumstance occurring or from the date of prison release.
Informal claim for a crisis payment

An informal claim for crisis payment can be lodged by a person who is in Australia and eligible for a crisis payment on the day of claim or informal claim. An informal claim must be followed by a proper claim [3] within fourteen days.

Rate of crisis payment

The rate of crisis payment is a flat rate of one week's pension based upon the maximum basic rate [3] of pension, pension supplement and clean energy supplement [3]. Therefore, the amount of a crisis payment is half the fortnightly service pension rate. For income support supplement recipients, their payment is not based upon the ceiling rate [3] but rather upon the relevant rate of service pension, according to whether they are partnered or single.

Methods of payment

Payment of the crisis payment should be paid into a financial institution [3] but the payment can be paid in another manner (e.g. by cheque) where this is directed by a delegate of the Commission [3] authorising the payment.

30/06/08 — Page 1

A crisis payment is a one-off non-taxable payment to extend immediate financial assistance to people in severe financial hardship who:

  • are forced to leave their home due to extreme circumstances, such as domestic or family violence [3] or a house fire, or
  • have been subjected to domestic or family violence by a family member [3] and choose to remain in the family home after the perpetrator has left or been removed from the home, or
  • released prisoners released from either goal or psychiatric institutions.

 

 

Domestic or family violence is described by a variety of terms, including but not restricted to:

  • assault, sexual assault,
  • child, wife/partner, elder abuse,
  • domestic violence,
  • economic, social, verbal, emotional, psychological abuse,
  • exploitation,
  • financial coercion,
  • maltreatment, or
  • neglect.

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

According to Schedule 6-B1 of the VEA [183] a MBR is the person's maximum rate is ascertained at the date of grant of the designated pension, and is the maximum annual pension rate payable at the date of grant (excluding allowances).

 

 

The energy supplement is a fortnightly or quarterly payment designed to help recipients meet the cost of electricity and gas bills.

 

 

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.

 

 

Examples of a financial institution are a bank, building society or credit union.

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

 

 


Source URL (modified on 14/10/2014 - 11:10am): https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility

Links
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[5] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/33-service-pension-and-income-support-supplement-payability
[6] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits
[7] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/512-pension-supplement-psup
[8] https://clik.dva.gov.au/compensation-and-support-policy-library/part-7-common-allowances-and-benefits/71-treatment-departmental-expense
[9] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate
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[11] https://clik.dva.gov.au/compensation-and-support-policy-library/part-12-compliance-and-obligations/125-reviews-and-appeals
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[24] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn11
[25] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[26] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn1
[27] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/31-service-pension-eligibility/312-age-service-pension
[28] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn2
[29] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/31-service-pension-eligibility/313-invalidity-service-pension
[30] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn3
[31] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/31-service-pension-eligibility/314-partner-service-pension
[32] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn4
[33] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn5
[34] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/93-relationship-status
[35] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn6
[36] https://clik.dva.gov.au/compensation-and-support-policy-library/part-10-types-income-and-assets/101-ordinary-income
[37] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn7
[38] https://clik.dva.gov.au/compensation-and-support-policy-library/part-10-types-income-and-assets/102-assets
[39] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn8
[40] https://clik.dva.gov.au/compensation-and-support-policy-library/part-7-common-allowances-and-benefits
[41] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn9
[42] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn10
[43] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/38-restrictions-dual-pensions
[44] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn11
[45] http://clik.dva.gov.au/legislation-library
[46] http://clik/health-procedure-library/health-information-and-management-notes-himn/vhc/072014-vhc-veterans-home-care
[47] https://clik.dva.gov.au/user/login?destination=node/16862%23comment-form
[48] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn12
[49] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn13
[50] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn14
[51] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn15
[52] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn16
[53] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn17
[54] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn18
[55] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn19
[56] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn20
[57] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn21
[58] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn22
[59] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn12
[60] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements/11-veterans
[61] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn13
[62] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements/12-service-types
[63] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn14
[64] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements/11-veterans/114-merchant-mariners/allied-merchant-mariners
[65] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/35-residency/352-periods-residency
[66] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn15
[67] https://clik.dva.gov.au/compensation-and-support-policy-library/part-2-applying-pension/21-claims
[68] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn16
[69] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn17
[70] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn18
[71] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn19
[72] https://clik.dva.gov.au/compensation-and-support-policy-library/part-11-administration-payments/116-taxation
[73] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn20
[74] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn21
[75] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn22
[76] clikpopup://DEF/Member%20of%20the%20Defence%20Force
[77] clikpopup://DEF/Allied%20country
[78] clikpopup://DEF/Continuous%20full-time%20service
[79] clikpopup://DEF/Period%20of%20hostilities
[80] clikpopup://DEF/War%20like%20operations
[81] http://clik.dva.gov.au/node/32981
[82] http://www.comlaw.gov.au/Details/C2015C00011
[83] https://clik.dva.gov.au/user/login?destination=node/16879%23comment-form
[84] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn23
[85] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn24
[86] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn25
[87] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn26
[88] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn27
[89] https://clik.dva.gov.au/legislation-library
[90] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn28
[91] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn29
[92] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn30
[93] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn31
[94] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn32
[95] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn33
[96] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn34
[97] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn35
[98] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn36
[99] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn37
[100] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn38
[101] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn39
[102] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn40
[103] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn23
[104] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn24
[105] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn25
[106] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/36-permanent-incapacity
[107] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn26
[108] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn27
[109] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn28
[110] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn29
[111] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn30
[112] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn31
[113] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn32
[114] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/36-permanent-incapacity/364-assessment-invalidity-service-pensioners-participating-veterans-vocational-rehabilitation-scheme-vvrs
[115] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn33
[116] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/911-compensation-recovery
[117] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn34
[118] https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-13-special-rate-disability-pension
[119] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn35
[120] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn36
[121] https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-13-special-rate-disability-pension/1309-invalidity-service-pension
[122] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn37
[123] http://sharepoint/servingourcustomers/incomesupport/Documents/BL_DI/2011-2012/11185018E.tr5
[124] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn38
[125] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn39
[126] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn40
[127] http://clik/legislation-library
[128] https://clik.dva.gov.au/user/login?destination=node/16844%23comment-form
[129] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn41
[130] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn41
[131] https://clik.dva.gov.au/compensation-and-support-reference-library/departmental-instructions/2008/c312008-november-2008-deeming-rate-change-letter-production-and-mailout
[132] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/31-service-pension-eligibility/314-partner-service-pension/eligibility-partner-service-pension#tgt-cspol_part3_ftn55
[133] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/31-service-pension-eligibility/314-partner-service-pension/eligibility-partner-service-pension#tgt-cspol_part3_ftn56
[134] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/31-service-pension-eligibility/314-partner-service-pension/eligibility-partner-service-pension#tgt-cspol_part3_ftn57
[135] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/31-service-pension-eligibility/314-partner-service-pension/eligibility-partner-service-pension#tgt-cspol_part3_ftn58
[136] https://clik.dva.gov.au/user/login?destination=node/16864%23comment-form
[137] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn59
[138] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn60
[139] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn61
[140] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn62
[141] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn63
[142] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn64
[143] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn65
[144] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn66
[145] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn67
[146] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn68
[147] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn69
[148] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn70
[149] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn71
[150] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn72
[151] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn73
[152] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn74
[153] clikpopup://DEF/Partner
[154] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn75
[155] https://clik.dva.gov.au/node/16873
[156] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn59
[157] clik://LEGIS/VEA/section 38(1D)
[158] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn60
[159] clik://LEGIS/VEA/section 38(1B)
[160] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn61
[161] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn62
[162] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn63
[163] clik://LEGIS/VEA/section 38(1)
[164] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn64
[165] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn65
[166] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn66
[167] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn67
[168] clik://LEGIS/VEA/section 38(1C)
[169] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn68
[170] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn69
[171] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn70
[172] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn71
[173] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/94-children/942-effect-children-eligibility-income-support-pensions-benefits-and-allowances
[174] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn72
[175] clik://LEGIS/VEA/section 38C(1)
[176] clik://LEGIS/VEA/section 38A(2)
[177] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn73
[178] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn74
[179] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn75
[180] https://clik.dva.gov.au/book/export/html/16813#tgt-SSA_ftn1
[181] http://www.comlaw.gov.au/Series/C2004A04121
[182] https://clik.dva.gov.au/book/export/html/16813#ref-SSA_ftn1
[183] http://www.comlaw.gov.au/Series/C2004A03268
[184] https://clik.dva.gov.au/user/login?destination=node/16831%23comment-form
[185] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn76
[186] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn83
[187] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/93-relationship-status/932-member-couple/definitions-member-couple-status
[188] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn84
[189] clik://LEGIS/VEA/section 38(2AB)
[190] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn76
[191] https://clik.dva.gov.au/compensation-and-support-reference-library/departmental-instructions/2009/c112009-changes-partner-service-pension-eligibility
[192] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn83
[193] https://clik.dva.gov.au/user/login?destination=node/16877%23comment-form
[194] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/42-war-widowswidowers-pension-eligibility
[195] https://clik.dva.gov.au/user/login?destination=node/16839%23comment-form
[196] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn85
[197] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn86
[198] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn87
[199] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn88
[200] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn89
[201] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn90
[202] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn91
[203] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn92
[204] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn93
[205] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn94
[206] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn95
[207] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn96
[208] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn97
[209] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn98
[210] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn99
[211] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn100
[212] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn101
[213] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn102
[214] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn103
[215] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn85
[216] https://clik.dva.gov.au/csrefprcurr
[217] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/97-statutory-increases/973-indexation-timetable
[218] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn86
[219] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/91-income-and-assets-test-principles/912-assessment-process/assessment-process-iss
[220] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn87
[221] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/32-income-support-supplement-iss-eligibility/323-invalidity-iss
[222] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn88
[223] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/51-rent-assistance
[224] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn89
[225] https://clik.dva.gov.au/compensation-and-support-policy-library/part-8-bereavement-assistance/81-income-support-bereavement-payment
[226] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn90
[227] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/52-remote-area-allowance-raa
[228] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn91
[229] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/58-fringe-benefits
[230] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn92
[231] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/53-education-entry-payment-edep
[232] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn93
[233] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/54-pension-loans-scheme
[234] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn94
[235] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/55-retirement-assistance-farmers-scheme-rafs
[236] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn95
[237] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/510-retirement-assistance-sugarcane-farmers-scheme-rasf
[238] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn96
[239] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn97
[240] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn98
[241] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/94-children
[242] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn99
[243] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/92-residential-situation
[244] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn100
[245] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/91-income-and-assets-test-principles/912-assessment-process
[246] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn101
[247] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn102
[248] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn103
[249] https://clik.dva.gov.au/user/login?destination=node/16828%23comment-form
[250] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn104
[251] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn105
[252] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn106
[253] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn107
[254] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn108
[255] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn109
[256] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn110
[257] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn104
[258] https://clik.dva.gov.au/compensation-and-support-policy-library/part-2-applying-pension/21-claims/212-types-claims/service-pension-and-income-support-supplement-claims
[259] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn105
[260] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn106
[261] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn107
[262] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn108
[263] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/56-pension-bonus-scheme/562-eligibility-participation-scheme/basic-eligibility-requirements-pension-bonus-scheme
[264] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn109
[265] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn110
[266] https://clik.dva.gov.au/user/login?destination=node/16823%23comment-form
[267] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn111
[268] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn112
[269] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn113
[270] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn114
[271] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn115
[272] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn116
[273] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/36-permanent-incapacity/363-persons-automatically-considered-be-permanently-incapacitated
[274] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn111
[275] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn112
[276] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn113
[277] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn114
[278] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn115
[279] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn116
[280] https://clik.dva.gov.au/user/login?destination=node/16808%23comment-form
[281] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/31-service-pension-eligibility
[282] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/32-income-support-supplement-iss-eligibility
[283] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/37-comparable-foreign-pension
[284] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/311-lump-sum-advance
[285] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/91-income-and-assets-test-principles
[286] https://clik.dva.gov.au/compensation-and-support-policy-library/part-12-compliance-and-obligations/123-data-matching
[287] https://clik.dva.gov.au/user/login?destination=node/16876%23comment-form
[288] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn117
[289] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn118
[290] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/33-service-pension-and-income-support-supplement-payability/332-payment-service-pension-and-income-support-supplement
[291] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn117
[292] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/33-service-pension-and-income-support-supplement-payability/333-compensation-affected-pension-payability
[293] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn118
[294] https://clik.dva.gov.au/user/login?destination=node/16825%23comment-form
[295] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn119
[296] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn120
[297] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn121
[298] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn122
[299] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn123
[300] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn124
[301] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn125
[302] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn126
[303] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn127
[304] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn128
[305] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn129
[306] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn130
[307] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn131
[308] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn132
[309] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn133
[310] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn134
[311] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn135
[312] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn136
[313] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn137
[314] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn138
[315] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn139
[316] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn119
[317] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn120
[318] https://clik.dva.gov.au/compensation-and-support-policy-library/part-11-administration-payments/111-income-support-effective-dates-and-pension-periods/1113-effective-dates-grants
[319] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn121
[320] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn122
[321] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn123
[322] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn124
[323] https://clik.dva.gov.au/compensation-and-support-policy-library/part-11-administration-payments/117-imprisonment
[324] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn125
[325] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn126
[326] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn127
[327] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn128
[328] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn129
[329] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn130
[330] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn131
[331] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn132
[332] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn133
[333] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn134
[334] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn135
[335] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn136
[336] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn137
[337] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn138
[338] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/58-fringe-benefits/582-pensioner-concession-card-pcc-and-associated-benefits
[339] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn139
[340] https://clik.dva.gov.au/user/login?destination=node/16807%23comment-form
[341] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn140
[342] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn141
[343] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn142
[344] clikpopup://DEF/Lump sum preclusion period
[345] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn143
[346] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn140
[347] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn141
[348] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn142
[349] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn143
[350] https://clik.dva.gov.au/user/login?destination=node/16821%23comment-form
[351] https://clik.dva.gov.au/compensation-and-support-policy-library/part-2-applying-pension/22-proof-identity
[352] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3a-veteran-payment/eligibility-requirements-veteran-payment
[353] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/56-pension-bonus-scheme
[354] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/57-commonwealth-seniors-health-card-cshc
[355] https://clik.dva.gov.au/user/login?destination=node/16868%23comment-form
[356] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn144
[357] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn145
[358] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn146
[359] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn147
[360] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn148
[361] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn149
[362] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn150
[363] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn151
[364] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn152
[365] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn153
[366] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn154
[367] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn155
[368] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn144
[369] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/34-age/342-age-equalisation-females
[370] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn145
[371] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn146
[372] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn147
[373] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn148
[374] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn149
[375] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/31-service-pension-eligibility/314-partner-service-pension/age-requirement-partner-service-pension
[376] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn150
[377] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn151
[378] https://clik.dva.gov.au/compensation-and-support-policy-library/part-10-types-income-and-assets/104-superannuation-funds
[379] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn152
[380] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn153
[381] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn154
[382] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn155
[383] https://clik.dva.gov.au/user/login?destination=node/16895%23comment-form
[384] https://clik.dva.gov.au/user/login?destination=node/16812%23comment-form
[385] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn156
[386] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn157
[387] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn158
[388] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn159
[389] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn160
[390] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn156
[391] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn157
[392] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn158
[393] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn159
[394] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/34-age/342-age-equalisation-females/pension-age-female-non-veterans-and-tax-purposes
[395] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn160
[396] https://clik.dva.gov.au/user/login?destination=node/16817%23comment-form
[397] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn161
[398] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn162
[399] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn163
[400] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/34-age/342-age-equalisation-females/pension-age-female-veterans-and-qualifying-age-females
[401] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn161
[402] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn162
[403] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn163
[404] https://clik.dva.gov.au/user/login?destination=node/16856%23comment-form
[405] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn164
[406] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn165
[407] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn166
[408] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn167
[409] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn168
[410] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn169
[411] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn170
[412] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn171
[413] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn172
[414] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn173
[415] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn174
[416] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn175
[417] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn176
[418] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn177
[419] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn178
[420] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn179
[421] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn180
[422] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn164
[423] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/56-pension-bonus-scheme/562-eligibility-participation-scheme
[424] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn165
[425] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/54-pension-loans-scheme/542-eligibility-criteria-pension-loans-scheme
[426] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn166
[427] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn167
[428] https://clik.dva.gov.au/compensation-and-support-policy-library/part-10-types-income-and-assets/104-superannuation-funds/1043-assessment-superannuation-benefits
[429] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn168
[430] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/911-compensation-recovery/9112-general-compensation-recovery-provisions
[431] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn169
[432] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn170
[433] https://clik.dva.gov.au/compensation-and-support-policy-library/part-10-types-income-and-assets/103-business-structures-and-trusts/10318-assessment-special-disability-trusts
[434] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn171
[435] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn172
[436] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn173
[437] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn174
[438] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn175
[439] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn176
[440] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn177
[441] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/92-residential-situation/923-additional-assessment-rules-certain-types-residences
[442] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn178
[443] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn179
[444] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn180
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[652] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/37-comparable-foreign-pension/375-assessment-comparable-foreign-pension-payments
[653] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn253
[654] https://clik.dva.gov.au/user/login?destination=node/16848%23comment-form
[655] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn254
[656] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn255
[657] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn254
[658] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn255
[659] https://clik.dva.gov.au/user/login?destination=node/16809%23comment-form
[660] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn256
[661] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/96-deprivation-income-and-assets
[662] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn256
[663] https://clik.dva.gov.au/user/login?destination=node/16878%23comment-form
[664] https://www.dss.gov.au/about-the-department/international/international-social-security-agreements
[665] https://clik.dva.gov.au/user/login?destination=node/16846%23comment-form
[666] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn257
[667] https://www.dss.gov.au/about-the-department/international/international-social-security-agreements/current-international-social-security-agreements
[668] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn258
[669] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn259
[670] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn257
[671] clik://LEGIS/VEA/section 204
[672] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn258
[673] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn259
[674] https://clik.dva.gov.au/user/login?destination=node/16822%23comment-form
[675] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn260
[676] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn260
[677] https://clik.dva.gov.au/user/login?destination=node/16849%23comment-form
[678] https://clik.dva.gov.au/user/login?destination=node/16883%23comment-form
[679] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn261
[680] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn262
[681] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/39-payment-loss-or-detriment/392-compensation-detriment-caused-administrative-error
[682] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn261
[683] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/39-payment-loss-or-detriment/393-act-grace-payments
[684] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn262
[685] https://clik.dva.gov.au/user/login?destination=node/16894%23comment-form
[686] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn263
[687] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn264
[688] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn265
[689] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn266
[690] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn267
[691] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn268
[692] http://sharepoint/money/Documents/0681931E_CEI_5_19.tr5
[693] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn263
[694] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn264
[695] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn265
[696] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn266
[697] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn267
[698] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn268
[699] https://clik.dva.gov.au/user/login?destination=node/16853%23comment-form
[700] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn269
[701] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn270
[702] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn271
[703] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn272
[704] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn273
[705] http://sharepoint/money/Documents/0681932E_CEI_5_18.tr5
[706] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn269
[707] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn270
[708] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn271
[709] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn272
[710] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn273
[711] https://clik.dva.gov.au/user/login?destination=node/16860%23comment-form
[712] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/312-crisis-payment
[713] https://clik.dva.gov.au/user/login?destination=node/16869%23comment-form
[714] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn274
[715] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn275
[716] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn276
[717] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn277
[718] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn278
[719] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn279
[720] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/310-financial-hardship/3102-access-financial-hardship-rules
[721] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn274
[722] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/310-financial-hardship/3103-lodging-claim-under-financial-hardship-provisions
[723] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn275
[724] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/310-financial-hardship/3104-unrealisable-assets
[725] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn276
[726] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/310-financial-hardship/3105-severe-financial-hardship
[727] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn277
[728] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/310-financial-hardship/3106-rate-calculation-under-hardship-provisions
[729] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn278
[730] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/310-financial-hardship/3107-notional-annual-rate-ordinary-income
[731] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn279
[732] https://clik.dva.gov.au/user/login?destination=node/16843%23comment-form
[733] https://clik.dva.gov.au/user/login?destination=node/16897%23comment-form
[734] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn280
[735] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn281
[736] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn282
[737] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn283
[738] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn280
[739] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/91-income-and-assets-test-principles/913-income-and-assets-tests/assets-test
[740] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn281
[741] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn282
[742] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn283
[743] http://clik.dva.gov.au/glossary/assets-value-limit-avl
[744] https://clik.dva.gov.au/user/login?destination=node/16870%23comment-form
[745] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn284
[746] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn285
[747] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn286
[748] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn287
[749] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn288
[750] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn284
[751] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn285
[752] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn286
[753] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn287
[754] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn288
[755] https://clik.dva.gov.au/user/login?destination=node/16885%23comment-form
[756] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn289
[757] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn290
[758] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn289
[759] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn290
[760] https://clik.dva.gov.au/user/login?destination=node/16882%23comment-form
[761] https://clik.dva.gov.au/user/login?destination=node/16889%23comment-form
[762] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn291
[763] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn292
[764] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/310-financial-hardship/3104-unrealisable-assets/unrealisable-assets-farm
[765] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn291
[766] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/310-financial-hardship/3105-severe-financial-hardship/determining-severe-financial-hardship-readily-available-funds
[767] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn292
[768] https://clik.dva.gov.au/user/login?destination=node/16867%23comment-form
[769] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn293
[770] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/310-financial-hardship/3105-severe-financial-hardship/differentiating-between-temporary-and-long-term-severe-financial-hardship
[771] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn293
[772] https://clik.dva.gov.au/user/login?destination=node/16836%23comment-form
[773] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn294
[774] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/92-residential-situation/922-basic-principles-assessment/principal-home
[775] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn294
[776] https://clik.dva.gov.au/user/login?destination=node/16896%23comment-form
[777] https://clik.dva.gov.au/user/login?destination=node/16888%23comment-form
[778] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn295
[779] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn296
[780] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn295
[781] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn296
[782] https://clik.dva.gov.au/user/login?destination=node/16816%23comment-form
[783] https://clik.dva.gov.au/user/login?destination=node/16863%23comment-form
[784] https://clik.dva.gov.au/user/login?destination=node/16834%23comment-form
[785] https://clik.dva.gov.au/user/login?destination=node/16886%23comment-form
[786] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn297
[787] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn297
[788] https://clik.dva.gov.au/user/login?destination=node/16832%23comment-form
[789] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn298
[790] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn299
[791] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn298
[792] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn299
[793] https://clik.dva.gov.au/user/login?destination=node/16815%23comment-form
[794] https://clik.dva.gov.au/user/login?destination=node/16858%23comment-form
[795] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn300
[796] clik://LEGIS/VEA/section 52Z(5)
[797] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn300
[798] https://clik.dva.gov.au/user/login?destination=node/16838%23comment-form
[799] https://clik.dva.gov.au/user/login?destination=node/16851%23comment-form
[800] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/310-financial-hardship
[801] https://clik.dva.gov.au/user/login?destination=node/16830%23comment-form
[802] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn301
[803] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn302
[804] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn303
[805] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn304
[806] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn305
[807] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn306
[808] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn301
[809] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/311-lump-sum-advance/3112-lump-sum-advance-eligibility
[810] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn302
[811] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/311-lump-sum-advance/3113-payment-lump-sum-advance
[812] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn303
[813] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/311-lump-sum-advance/3114-repayment-lump-sum-advance
[814] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn304
[815] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/311-lump-sum-advance/3115-repayment-lump-sum-advance-hardship-assessment-vs-1
[816] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn305
[817] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/311-lump-sum-advance/3116-right-review
[818] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn306
[819] https://clik.dva.gov.au/user/login?destination=node/16810%23comment-form
[820] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn307
[821] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn308
[822] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn309
[823] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn307
[824] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn308
[825] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn309
[826] clikpopup://DEF/Income%20support%20supplement/ISS
[827] https://clik.dva.gov.au/user/login?destination=node/16833%23comment-form
[828] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn310
[829] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn311
[830] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn312
[831] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn313
[832] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn314
[833] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn315
[834] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn316
[835] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn310
[836] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn311
[837] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn312
[838] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn313
[839] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn314
[840] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn315
[841] https://clik.dva.gov.au/compensation-and-support-policy-library/part-11-administration-payments/115-manner-payment/1152-payment-direct-credit/accounts-which-direct-credit-payments-can-be-made
[842] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn316
[843] https://clik.dva.gov.au/user/login?destination=node/16859%23comment-form
[844] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn317
[845] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn318
[846] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn319
[847] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn320
[848] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn321
[849] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn322
[850] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn317
[851] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn318
[852] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn319
[853] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn320
[854] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn321
[855] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn322
[856] https://clik.dva.gov.au/user/login?destination=node/16811%23comment-form
[857] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn323
[858] clik://LEGIS/VEA/section 79O
[859] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn323
[860] https://clik.dva.gov.au/user/login?destination=node/16872%23comment-form
[861] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn324
[862] clik://LEGIS/VEA/section 79T
[863] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn324
[864] https://clik.dva.gov.au/user/login?destination=node/16820%23comment-form
[865] https://clik.dva.gov.au/user/login?destination=node/16818%23comment-form
[866] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn325
[867] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn326
[868] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn327
[869] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn328
[870] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn329
[871] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn330
[872] https://clik.dva.gov.au/book/export/html/16813#tgt-cspol_part3_ftn331
[873] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/312-crisis-payment/3122-eligibility-crisis-payment
[874] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn325
[875] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/312-crisis-payment/3123-extreme-circumstances-causing-departure-home
[876] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn326
[877] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/312-crisis-payment/3124-domestic-or-family-violence-remaining-home
[878] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn327
[879] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/312-crisis-payment/3125-release-lawful-custody
[880] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn328
[881] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/312-crisis-payment/3126-claim-and-payment-crisis-payment
[882] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn329
[883] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn330
[884] http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200400983?OpenDocument
[885] https://clik.dva.gov.au/book/export/html/16813#ref-cspol_part3_ftn331
[886] https://clik.dva.gov.au/user/login?destination=node/16842%23comment-form
[887] https://clik.dva.gov.au/user/login?destination=node/16890%23comment-form
[888] https://clik.dva.gov.au/user/login?destination=node/16835%23comment-form
[889] https://clik.dva.gov.au/user/login?destination=node/16861%23comment-form
[890] clikpopup://DEF/Lawful Custody
[891] https://clik.dva.gov.au/user/login?destination=node/16845%23comment-form