Last amended: 19 August 2011
VEA → [2]
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:
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.
For the purposes of partner service pension eligibility, a former partner of a veteran is considered to be:
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:
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.
A former partner of a veteran remains eligible for partner service pension if special domestic circumstances apply.
Special domestic circumstances are:
Former partners of veterans may continue to be eligible for partner service pension if they were:
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:
Where the former veteran partner died prior to 20 September 2019, a former partner may be eligible for partner service pension if:
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:
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 → [3]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 [4]
3.1.4/Eligibility for Partner Service Pension [5]
Policy Library –Marriage-like or De facto Relationship
9.3.2/Definitions for Member of a Couple Status [4]
3.1.4/Eligibility for Partner Service Pension [5]
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16831%23comment-form
[2] https://clik.dva.gov.au/book/export/html/16831#tgt-cspol_part3_ftn76
[3] https://clik.dva.gov.au/book/export/html/16831#tgt-cspol_part3_ftn83
[4] 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
[5] https://clik.dva.gov.au/node/16873
[6] https://clik.dva.gov.au/book/export/html/16831#ref-cspol_part3_ftn84
[7] clik://LEGIS/VEA/section 38(2AB)
[8] https://clik.dva.gov.au/book/export/html/16831#ref-cspol_part3_ftn76
[9] https://clik.dva.gov.au/compensation-and-support-reference-library/departmental-instructions/2009/c112009-changes-partner-service-pension-eligibility
[10] https://clik.dva.gov.au/book/export/html/16831#ref-cspol_part3_ftn83