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.
A partner of a veteran may be eligible for partner service pension if:
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.
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.
A widow/widower is someone who either:
A widow/widower of a deceased veteran may be eligible for partner service pension if:
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, and the circumstances under which they become ineligible, is set out on the page Eligibility for partner service pension when separated from the veteran.
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 [5].
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 [6].
More → [7]
Note: Provisions for backdating may apply where the person's partner is a special rate disability pensioner.
More → [8]
VEA → [9]
Restrictions exist on the payment of dual pensions.
More → [10]
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 → [12]
If the veteran: | Then the partner's age requirement for partner service pension is: |
VEA → [13]
is receiving Disability Compensation Payment 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 → [14]
is receiving a pension which enables eligibility for partner service pension for their partner, and the partner has a dependent child [6] at the time of claim | any age |
VEA → [15]
is receiving an above general rate [6] (AGR) Disability Compensation Payment, or
has at least 80 impairment points under the MRCA, | 50 years of age |
VEA → [16]
is eligible for service pension, and is over pension age | qualifying age [6] |
VEA → [17]
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 [6] and the partner must meet all the qualifying criteria for a Centrelink [6] age pension [6] |
VEA → [18]
is deceased and the partner was not receiving partner service pension immediately before the veteran's death | age pension age [6] and the partner must meet all of the qualifying criteria for a Centrelink [6] age pension [6], unless the widow [6]/widower [6] circumstances are such that this age requirement does not apply. |
More → [19]
VEA → [20]
To be eligible to be granted partner service pension, a widow [6]/widower [6] or former partner who was not receiving a pension at the time of the veteran's death must be qualified for Centrelink [6] age pension [6], which means he/she must be age pension age [6] rather than qualifying age.
This age requirement does not apply if:
VEA → [21]
Where a veteran is receiving, or is eligible for service pension, the partner must be qualifying age [6] 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.
VEA → [22]
No age requirement applies if the person is the partner of a veteran entitled to the special rate of Disability Compensation Payment (T&PI) or SRDP under MRCA at the time of claim. However, if at some time the veteran loses entitlement to either of these rates, the partner will need to meet the age or dependent child requirement to continue to be eligible for partner service pension.
VEA → [23]
A person who is the partner of a veteran entitled to an above general rate [6] (AGR) Disability Compensation Payment 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 Compensation Payment for the purposes of partner service pension eligibility refers to:
VEA → [24]
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 → [25]
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.
VEA → [26]
There are a number of situations where a person may be eligible for partner service pension, but not payable. For example:
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 → [27]
Partner service pension is a taxable payment, unless paid to a pensioner who is:
Section 9.4.2 Effect of Children on Eligibility for Income Support Pensions, Benefits and Allowances [48]
Restrictions on dual pensions
Section 38C(1) [50] VEA
Pension not payable if rate is nil
Section 38A(2) [51] VEA
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
A child under 16 years cannot be considered a dependent child if:
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:
A child over 16 years cannot be considered a dependent child if:
Income includes earning from casual, part-time or full-time earnings.
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 compensation payments (formerly known as disability pensions), which include T&PI [6], TTI [6], Intermediate Rate [6] or EDA [6] .
Qualifying age is defined in section 5Q(1) of the [60]VEA [60]and is equivalent to the pension age for a veteran which is described in section 5QA VEA as:
Age Pension Age refers to pension age [6] 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 [6] income support payment [6] paid by Centrelink [6] or DVA [6] 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 [6] who have an accepted disability [6] or receive a Disability Compensation Payment [6] from DVA, but do not have qualifying service [6], 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 [6] 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 [6] income support payment [6] paid by Centrelink [6] or DVA [6] 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 [6] who have an accepted disability [6] or receive a Disability Compensation Payment [6] from DVA, but do not have qualifying service [6], 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:
A widower is a man who was:
A widow is a woman who was:
A widower is a man who was:
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 [6] income support payment [6] paid by Centrelink [6] or DVA [6] 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 [6] who have an accepted disability [6] or receive a Disability Compensation Payment [6] from DVA, but do not have qualifying service [6], 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 [6] 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 [60]VEA [60]and is equivalent to the pension age for a veteran which is described in section 5QA VEA as:
Above general rate disability compensation payments (formerly known as disability pensions), which include T&PI [6], TTI [6], Intermediate Rate [6] or EDA [6] .
Age Pension Age refers to pension age [6] as defined under the Social Security Act 1991, that is, pension age for people other than veterans.
Last amended: 19 August 2011
VEA → [62]
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 → [63]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 [64]
3.1.4/Eligibility for Partner Service Pension [30]
Policy Library –Marriage-like or De facto Relationship
9.3.2/Definitions for Member of a Couple Status [64]
3.1.4/Eligibility for Partner Service Pension [30]
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16844%23comment-form
[2] https://clik.dva.gov.au/book/export/html/16844#tgt-cspol_part3_ftn41
[3] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[4] https://clik.dva.gov.au/book/export/html/16844#ref-cspol_part3_ftn41
[5] https://clik.dva.gov.au/compensation-and-support-reference-library/departmental-instructions/2008/c312008-november-2008-deeming-rate-change-letter-production-and-mailout
[6] https://clik.dva.gov.au/%23
[7] 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
[8] 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
[9] 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
[10] 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
[11] https://clik.dva.gov.au/user/login?destination=node/16864%23comment-form
[12] https://clik.dva.gov.au/book/export/html/16844#tgt-cspol_part3_ftn59
[13] https://clik.dva.gov.au/book/export/html/16844#tgt-cspol_part3_ftn60
[14] https://clik.dva.gov.au/book/export/html/16844#tgt-cspol_part3_ftn61
[15] https://clik.dva.gov.au/book/export/html/16844#tgt-cspol_part3_ftn62
[16] https://clik.dva.gov.au/book/export/html/16844#tgt-cspol_part3_ftn63
[17] https://clik.dva.gov.au/book/export/html/16844#tgt-cspol_part3_ftn64
[18] https://clik.dva.gov.au/book/export/html/16844#tgt-cspol_part3_ftn65
[19] https://clik.dva.gov.au/book/export/html/16844#tgt-cspol_part3_ftn66
[20] https://clik.dva.gov.au/book/export/html/16844#tgt-cspol_part3_ftn67
[21] https://clik.dva.gov.au/book/export/html/16844#tgt-cspol_part3_ftn68
[22] https://clik.dva.gov.au/book/export/html/16844#tgt-cspol_part3_ftn69
[23] https://clik.dva.gov.au/book/export/html/16844#tgt-cspol_part3_ftn70
[24] https://clik.dva.gov.au/book/export/html/16844#tgt-cspol_part3_ftn71
[25] https://clik.dva.gov.au/book/export/html/16844#tgt-cspol_part3_ftn72
[26] https://clik.dva.gov.au/book/export/html/16844#tgt-cspol_part3_ftn73
[27] https://clik.dva.gov.au/book/export/html/16844#tgt-cspol_part3_ftn74
[28] clikpopup://DEF/Partner
[29] https://clik.dva.gov.au/book/export/html/16844#tgt-cspol_part3_ftn75
[30] https://clik.dva.gov.au/node/16873
[31] https://clik.dva.gov.au/book/export/html/16844#ref-cspol_part3_ftn59
[32] clik://LEGIS/VEA/section 38(1D)
[33] https://clik.dva.gov.au/book/export/html/16844#ref-cspol_part3_ftn60
[34] clik://LEGIS/VEA/section 38(1B)
[35] https://clik.dva.gov.au/book/export/html/16844#ref-cspol_part3_ftn61
[36] https://clik.dva.gov.au/book/export/html/16844#ref-cspol_part3_ftn62
[37] https://clik.dva.gov.au/book/export/html/16844#ref-cspol_part3_ftn63
[38] clik://LEGIS/VEA/section 38(1)
[39] https://clik.dva.gov.au/book/export/html/16844#ref-cspol_part3_ftn64
[40] https://clik.dva.gov.au/book/export/html/16844#ref-cspol_part3_ftn65
[41] https://clik.dva.gov.au/book/export/html/16844#ref-cspol_part3_ftn66
[42] https://clik.dva.gov.au/book/export/html/16844#ref-cspol_part3_ftn67
[43] clik://LEGIS/VEA/section 38(1C)
[44] https://clik.dva.gov.au/book/export/html/16844#ref-cspol_part3_ftn68
[45] https://clik.dva.gov.au/book/export/html/16844#ref-cspol_part3_ftn69
[46] https://clik.dva.gov.au/book/export/html/16844#ref-cspol_part3_ftn70
[47] https://clik.dva.gov.au/book/export/html/16844#ref-cspol_part3_ftn71
[48] 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
[49] https://clik.dva.gov.au/book/export/html/16844#ref-cspol_part3_ftn72
[50] clik://LEGIS/VEA/section 38C(1)
[51] clik://LEGIS/VEA/section 38A(2)
[52] https://clik.dva.gov.au/book/export/html/16844#ref-cspol_part3_ftn73
[53] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/33-service-pension-and-income-support-supplement-payability
[54] https://clik.dva.gov.au/book/export/html/16844#ref-cspol_part3_ftn74
[55] https://clik.dva.gov.au/compensation-and-support-policy-library/part-11-administration-payments/116-taxation
[56] https://clik.dva.gov.au/book/export/html/16844#ref-cspol_part3_ftn75
[57] https://clik.dva.gov.au/book/export/html/16844#tgt-SSA_ftn1
[58] http://www.comlaw.gov.au/Series/C2004A04121
[59] https://clik.dva.gov.au/book/export/html/16844#ref-SSA_ftn1
[60] http://www.comlaw.gov.au/Series/C2004A03268
[61] https://clik.dva.gov.au/user/login?destination=node/16831%23comment-form
[62] https://clik.dva.gov.au/book/export/html/16844#tgt-cspol_part3_ftn76
[63] https://clik.dva.gov.au/book/export/html/16844#tgt-cspol_part3_ftn83
[64] 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
[65] https://clik.dva.gov.au/book/export/html/16844#ref-cspol_part3_ftn84
[66] clik://LEGIS/VEA/section 38(2AB)
[67] https://clik.dva.gov.au/book/export/html/16844#ref-cspol_part3_ftn76
[68] https://clik.dva.gov.au/compensation-and-support-reference-library/departmental-instructions/2009/c112009-changes-partner-service-pension-eligibility
[69] https://clik.dva.gov.au/book/export/html/16844#ref-cspol_part3_ftn83