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 [2], income support supplement [2] (ISS [2]) or veteran payment, is that the person lodging the claim, or the person on whose behalf the claim is lodged, is an Australian resident [2] and is physically present in Australia [2] 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 compensation payment and related medical benefits and extra medical benefits associated with the 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.
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:
Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:
Subsection 5Q(1) of the VEA [5] 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 [2], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [2] and Commonwealth Seniors Health Card [2] 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 [2], as residency also requires Australian citizenship or the holding of a specified visa.
Papua New Guinea [2] and Nauru [2] 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.
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.
An Australian resident is a person who:
Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:
Subsection 5Q(1) of the VEA [5] 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 [2], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [2] and Commonwealth Seniors Health Card [2] 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 [2], as residency also requires Australian citizenship or the holding of a specified visa.
Papua New Guinea [2] and Nauru [2] 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.
Last amended: 16 January 2024
In order to establish residency, it must first be decided if a person is an Australian resident [2]. 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”.
A person is accepted as residing in Australia [2] if:
The decision as to whether a person is residing in Australia must be based on the balance of all the available evidence. No single factor should be taken to be conclusive on its own and some factors will usually provide a greater indication than others, however in the majority of cases the most weight should be given to the time spent in Australia. In general, it is also expected that a person who resides in Australia will be able to demonstrate strong ties to Australia under a number of different criteria listed in VEA section 5G(1A).
The factors that are to be taken into consideration include:
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. Generally, a person who regularly spends more time overseas than in Australia would not usually be considered to be residing in Australia.
Note: It is necessary to find the reason for being overseas and to look closely at the pattern and duration of time spent outside Australia in order to ascertain whether a person continues to reside in Australia. For Australian residence to be maintained during an absence, a person must demonstrate continued physical ties to Australia, the absence must be for a short duration, there must be a purpose for the absence and there must be a proposed end date for the absence.
Note: The purpose of an overseas absence may indicate whether a person continues to reside in Australia. The reason should be consistent with the intended length of the absence. For example, a person working on an 18-month overseas contract posting would still be considered to reside in Australia as long as they have demonstrated ongoing physical ties to Australia and a commitment to return to Australia at the end of the posting.
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.
Refer to CLIK Policy Library 11.4 for further information relating to Portability of Pensions and Allowances
Refer to CLIK Policy Library 3.5.2 for information relating to required periods of Residency
An Australian resident is a person who:
Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:
Subsection 5Q(1) of the VEA [5] 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 [2], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [2] and Commonwealth Seniors Health Card [2] 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 [2], as residency also requires Australian citizenship or the holding of a specified visa.
Papua New Guinea [2] and Nauru [2] 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.
In order to establish residency, it must first be decided if a person is an Australian resident [2]. One definition of an Australian resident is a person who resides in Australia [2] and is an Australian citizen. Below are details of what constitutes an Australian citizen.
A person may become an Australian citizen by:
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.
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.
In order to qualify for Australian citizenship, applicants will need:
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:
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.
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:
Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:
Subsection 5Q(1) of the VEA [5] 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 [2], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [2] and Commonwealth Seniors Health Card [2] 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 [2], as residency also requires Australian citizenship or the holding of a specified visa.
Papua New Guinea [2] and Nauru [2] 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.
In order to establish residency, it must first be decided if a person is an Australian resident [2]. One definition of an Australian resident is a person who resides in Australia [2] and is the holder of a permanent visa. Below are details of what constitutes a permanent visa and temporary visa.
More ? [10]
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 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
Once a person has entered Australia under a temporary visa they can apply for a change of visa status to permanent residence.
More ? [11]
An Australian resident is a person who:
Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:
Subsection 5Q(1) of the VEA [5] 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 [2], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [2] and Commonwealth Seniors Health Card [2] 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 [2], as residency also requires Australian citizenship or the holding of a specified visa.
Papua New Guinea [2] and Nauru [2] 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.
In order to establish residency, it must first be decided if a person is an Australian resident [2]. One definition of an Australian resident is a person who resides in Australia [2], 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 ? [17]
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.
An Australian resident is a person who:
Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:
Subsection 5Q(1) of the VEA [5] 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 [2], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [2] and Commonwealth Seniors Health Card [2] 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 [2], as residency also requires Australian citizenship or the holding of a specified visa.
Papua New Guinea [2] and Nauru [2] 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.
In order to establish residency, it must first be decided if a person is an Australian resident [2]. One definition of an Australian resident is a person who resides in Australia [2], 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 ? [20]
A special purpose visa is a temporary visa issued to a non-citizen:
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.
The following are examples of persons that do not have a prescribed status and therefore have no legal right to stay in Australia:
An Australian resident is a person who:
Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:
Subsection 5Q(1) of the VEA [5] 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 [2], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [2] and Commonwealth Seniors Health Card [2] 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 [2], as residency also requires Australian citizenship or the holding of a specified visa.
Papua New Guinea [2] and Nauru [2] 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:
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;
To claim a service pension [2] or ISS [2] a person must be an Australian resident [2] and be in Australia [2] 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:
Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:
Subsection 5Q(1) of the VEA [5] 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 [2], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [2] and Commonwealth Seniors Health Card [2] 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 [2], as residency also requires Australian citizenship or the holding of a specified visa.
Papua New Guinea [2] and Nauru [2] 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.
Last amended: 31 July 2013
For a person to claim a service pension [2] or ISS [2], they must have resided in Australia [2] for a certain period of time. Below are details of how long a person must reside in Australia.
More ? [24]
VEA ? [25]
Australian residents [2] residing in Australia are not required to meet any minimum residency period, however they must be in Australia:
Note: - Persons automatically granted ISS, do not actually lodge a formal claim and therefore have no requirement for a minimum period of residency.
More ? [26]
VEA ? [27]
For persons who do not meet the eligibility requirements for service pension at the time of lodging a claim, they must:
For service pension [2] 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 ? [29]
VEA ? [30]
Commonwealth veterans, Allied veterans and Allied mariners are exempted from the ten year continuous residency period in the following circumstances:
Note: The Global Special Humanitarian Visa (class XB) has replaced the Refugee and Humanitarian (Migrant) (class BA) visa identified in Schedule 2A [31] 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
Additional eligibility criteria does not apply in certain circumstances
Section 37(3A) [31] VEA
Section 37(5) [31] VEA
Section 5C(4) [31] VEA
Schedule 2A [31] 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.
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:
Subsection 5Q(1) of the VEA [5] 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 [2], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [2] and Commonwealth Seniors Health Card [2] 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 [2], as residency also requires Australian citizenship or the holding of a specified visa.
Papua New Guinea [2] and Nauru [2] 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:
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.
VEA ? [44]
A Commonwealth veteran, Allied veteran or Allied mariner applying for service pension [2] must, in addition to being an Australian resident [2] and residing in Australia [2], 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 ? [45]
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:
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.
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:
Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:
Subsection 5Q(1) of the VEA [5] 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 [2], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [2] and Commonwealth Seniors Health Card [2] 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 [2], as residency also requires Australian citizenship or the holding of a specified visa.
Papua New Guinea [2] and Nauru [2] 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.
A Commonwealth veteran, Allied veteran or Allied mariner applying for service pension [2] must, be an Australian resident [2] and have resided in Australia [2] 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 ? [55]
This concession reduces the requirement for 10 years' continuous Australian residency, provided the following criteria are met:
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 ? [56]
Aggregate residence= (total of all periods)
Excess= (aggregate) - 10
Concessional period of residency required= 10 - (excess)
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.
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.
If under the concessional formula, the veteran is not yet eligible, the period of residence still required is calculated using additional formulas.
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:
Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:
Subsection 5Q(1) of the VEA [5] 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 [2], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [2] and Commonwealth Seniors Health Card [2] 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 [2], as residency also requires Australian citizenship or the holding of a specified visa.
Papua New Guinea [2] and Nauru [2] 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 Commonwealth veteran, Allied veteran or Allied mariner applying for service pension [2] must be an Australian resident [2] and have resided in Australia [2] 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 ? [61]
The period of continuous residence still required is determined by using additional formulae, where:
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) |
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.
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 ? [63]
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:
Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:
Subsection 5Q(1) of the VEA [5] 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 [2], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [2] and Commonwealth Seniors Health Card [2] 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 [2], as residency also requires Australian citizenship or the holding of a specified visa.
Papua New Guinea [2] and Nauru [2] 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:
VEA ? [69]
A person who is physically outside Australia [2], can lodge a claim for service pension [2] or ISS [2], only if they are already in receipt of:
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 [2] residing in Australia.
More ? [70]
Lodging Claims for Service pension outside Australia
Section 36H(2) [31] VEA
Section 37H(2) [31] VEA
Section 38H(2) [31] VEA
Section 45M(2) [31] VEA
Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:
Subsection 5Q(1) of the VEA [5] 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 [2], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [2] and Commonwealth Seniors Health Card [2] 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 [2], as residency also requires Australian citizenship or the holding of a specified visa.
Papua New Guinea [2] and Nauru [2] 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 [73] to mean:
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:
A person who served in the forces of a Commonwealth country [2] or Allied country [2] but was domiciled in Australia [2] or an external territory [2] immediately before enlistment or appointment in those forces is entitled to claim Disability Compensation Payment [2] and receive medical treatment at departmental expense. To be eligible for service pension [2] 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:
Subsection 5Q(1) of the VEA [5] 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 [2], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [2] and Commonwealth Seniors Health Card [2] 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 [2], as residency also requires Australian citizenship or the holding of a specified visa.
Papua New Guinea [2] and Nauru [2] 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:
Subsection 5Q(1) of the VEA [5] 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 [2], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [2] and Commonwealth Seniors Health Card [2] 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 [2], as residency also requires Australian citizenship or the holding of a specified visa.
Papua New Guinea [2] and Nauru [2] 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 compensation payment (known before 2022 as disability pension), for the purposes of service pension, income support supplement and veteran payment, means:
Please note that the Disability Compensation Payment is legally a pension by way of compensation under the VEA so that concessional benefits under state, territory and local government legislation to pensioners/pensions under the VEA are not denied.
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.
Last amended: 14 July 2022
VEA → [76]
For service pension [2] 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 Compensation Payment [2][glossary:,:] domicile establishes entitlement to claim Disability Compensation Payment and related medical benefits.
More → [77]
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 [78] of the VEA.
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.
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 → [79]
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.
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 DCP
Section 6A(1) [80] VEA
Section 6A [81] VEA
Section 6C [82] VEA
Schedule 2 [78] 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.
Disability compensation payment (known before 2022 as disability pension), for the purposes of service pension, income support supplement and veteran payment, means:
Please note that the Disability Compensation Payment is legally a pension by way of compensation under the VEA so that concessional benefits under state, territory and local government legislation to pensioners/pensions under the VEA are not denied.
In order to establish a member of the forces of a Commonwealth country [2] or allied country [2] eligibility to benefits, domicile must be established. Below are details of how to establish domicile if a claimant states that it has changed.
More ? [89]
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.
The following information, as appropriate, should be sought when investigating a person's domicile:
Verification of information supplied in support of the claim should be obtained wherever possible. Some sources of information relating to domicile are:
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.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16840%23comment-form
[2] https://clik.dva.gov.au/%23
[3] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements
[4] https://clik.dva.gov.au/compensation-and-support-policy-library/part-2-applying-pension
[5] clikpopup://DEF/VEA
[6] https://clik.dva.gov.au/user/login?destination=node/16824%23comment-form
[7] https://clik.dva.gov.au/user/login?destination=node/16837%23comment-form
[8] https://clik.dva.gov.au/user/login?destination=node/16881%23comment-form
[9] https://clik.dva.gov.au/user/login?destination=node/16854%23comment-form
[10] https://clik.dva.gov.au/book/export/html/16840#tgt-cspol_part3_ftn193
[11] https://clik.dva.gov.au/book/export/html/16840#tgt-cspol_part3_ftn194
[12] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/35-residency/352-periods-residency/required-periods-residency
[13] https://clik.dva.gov.au/book/export/html/16840#ref-cspol_part3_ftn193
[14] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/35-residency/351-australian-residents
[15] https://clik.dva.gov.au/book/export/html/16840#ref-cspol_part3_ftn194
[16] https://clik.dva.gov.au/user/login?destination=node/16892%23comment-form
[17] https://clik.dva.gov.au/book/export/html/16840#tgt-cspol_part3_ftn195
[18] https://clik.dva.gov.au/book/export/html/16840#ref-cspol_part3_ftn195
[19] https://clik.dva.gov.au/user/login?destination=node/16852%23comment-form
[20] https://clik.dva.gov.au/book/export/html/16840#tgt-cspol_part3_ftn196
[21] https://clik.dva.gov.au/book/export/html/16840#ref-cspol_part3_ftn196
[22] https://clik.dva.gov.au/user/login?destination=node/16887%23comment-form
[23] https://clik.dva.gov.au/user/login?destination=node/16806%23comment-form
[24] https://clik.dva.gov.au/book/export/html/16840#tgt-cspol_part3_ftn197
[25] https://clik.dva.gov.au/book/export/html/16840#tgt-cspol_part3_ftn198
[26] https://clik.dva.gov.au/book/export/html/16840#tgt-cspol_part3_ftn199
[27] https://clik.dva.gov.au/book/export/html/16840#tgt-cspol_part3_ftn200
[28] https://clik.dva.gov.au/book/export/html/16840#tgt-cspol_part3_ftn201
[29] https://clik.dva.gov.au/book/export/html/16840#tgt-cspol_part3_ftn202
[30] https://clik.dva.gov.au/book/export/html/16840#tgt-cspol_part3_ftn203
[31] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[32] https://clik.dva.gov.au/compensation-and-support-policy-library/part-2-applying-pension/21-claims
[33] https://clik.dva.gov.au/book/export/html/16840#ref-cspol_part3_ftn197
[34] https://clik.dva.gov.au/book/export/html/16840#ref-cspol_part3_ftn198
[35] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/35-residency/352-periods-residency/continuous-period
[36] https://clik.dva.gov.au/book/export/html/16840#ref-cspol_part3_ftn199
[37] https://clik.dva.gov.au/book/export/html/16840#ref-cspol_part3_ftn200
[38] https://clik.dva.gov.au/book/export/html/16840#ref-cspol_part3_ftn201
[39] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/35-residency/352-periods-residency
[40] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements/11-veterans/114-merchant-mariners/allied-merchant-mariners
[41] https://clik.dva.gov.au/book/export/html/16840#ref-cspol_part3_ftn202
[42] https://clik.dva.gov.au/book/export/html/16840#ref-cspol_part3_ftn203
[43] https://clik.dva.gov.au/user/login?destination=node/16850%23comment-form
[44] https://clik.dva.gov.au/book/export/html/16840#tgt-cspol_part3_ftn204
[45] https://clik.dva.gov.au/book/export/html/16840#tgt-cspol_part3_ftn205
[46] clikpopup://DEF/Permanent incapacity/permanently incapacitated
[47] clikpopup://DEF/Service pension/er/SP
[48] https://clik.dva.gov.au/book/export/html/16840#tgt-cspol_part3_ftn206
[49] https://clik.dva.gov.au/book/export/html/16840#ref-cspol_part3_ftn204
[50] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements/11-veterans/113-commonwealth-and-allied-veterans
[51] https://clik.dva.gov.au/book/export/html/16840#ref-cspol_part3_ftn205
[52] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/36-permanent-incapacity
[53] https://clik.dva.gov.au/book/export/html/16840#ref-cspol_part3_ftn206
[54] https://clik.dva.gov.au/user/login?destination=node/16891%23comment-form
[55] https://clik.dva.gov.au/book/export/html/16840#tgt-cspol_part3_ftn207
[56] https://clik.dva.gov.au/book/export/html/16840#tgt-cspol_part3_ftn208
[57] https://clik.dva.gov.au/book/export/html/16840#ref-cspol_part3_ftn207
[58] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements/11-veterans/114-merchant-mariners
[59] https://clik.dva.gov.au/book/export/html/16840#ref-cspol_part3_ftn208
[60] https://clik.dva.gov.au/user/login?destination=node/16814%23comment-form
[61] https://clik.dva.gov.au/book/export/html/16840#tgt-cspol_part3_ftn209
[62] https://clik.dva.gov.au/book/export/html/16840#tgt-cspol_part3_ftn210
[63] https://clik.dva.gov.au/book/export/html/16840#tgt-cspol_part3_ftn211
[64] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/35-residency/352-periods-residency/concession-continuous-period
[65] https://clik.dva.gov.au/book/export/html/16840#ref-cspol_part3_ftn209
[66] https://clik.dva.gov.au/book/export/html/16840#ref-cspol_part3_ftn210
[67] https://clik.dva.gov.au/book/export/html/16840#ref-cspol_part3_ftn211
[68] https://clik.dva.gov.au/user/login?destination=node/16865%23comment-form
[69] https://clik.dva.gov.au/book/export/html/16840#tgt-cspol_part3_ftn212
[70] https://clik.dva.gov.au/book/export/html/16840#tgt-cspol_part3_ftn213
[71] https://clik.dva.gov.au/book/export/html/16840#ref-cspol_part3_ftn212
[72] https://clik.dva.gov.au/book/export/html/16840#ref-cspol_part3_ftn213
[73] http://clik.dva.gov.au/legislation-library
[74] https://clik.dva.gov.au/user/login?destination=node/16841%23comment-form
[75] https://clik.dva.gov.au/user/login?destination=node/16880%23comment-form
[76] https://clik.dva.gov.au/book/export/html/16840#tgt-cspol_part3_ftn214
[77] https://clik.dva.gov.au/book/export/html/16840#tgt-cspol_part3_ftn215
[78] clik://LEGIS/VEA/Schedule 2
[79] https://clik.dva.gov.au/book/export/html/16840#tgt-cspol_part3_ftn216
[80] clik://LEGIS/VEA/section 6A(1)
[81] clik://LEGIS/VEA/section 6A
[82] clik://LEGIS/VEA/section 6C
[83] https://clik.dva.gov.au/book/export/html/16840#ref-cspol_part3_ftn214
[84] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements/11-veterans/113-commonwealth-and-allied-veterans/australians-who-served-commonwealth-or-allied-forces
[85] https://clik.dva.gov.au/book/export/html/16840#ref-cspol_part3_ftn215
[86] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/35-residency/354-domicile/establishing-domicile
[87] https://clik.dva.gov.au/book/export/html/16840#ref-cspol_part3_ftn216
[88] https://clik.dva.gov.au/user/login?destination=node/16826%23comment-form
[89] https://clik.dva.gov.au/book/export/html/16840#tgt-cspol_part3_ftn217
[90] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/35-residency/354-domicile/relevance-domicile
[91] https://clik.dva.gov.au/book/export/html/16840#ref-cspol_part3_ftn217