Financial Hardship
Chapter 3.1 Service Pension Eligibility [2]
Chapter 3.2 Income Support (ISS) Eligibility [3]
Chapter 3.3 Service Pension and Income Support Supplement Payability [4]
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 ? [7]
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 ? [8]
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 ? [9]
Severe financial hardship is based on the following four criteria:
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 [11] is deducted from the maximum payment rate [11] of service pension or income support supplement.
More ? [12]
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 ? [13]
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:
This section contains information on the criteria for application of the financial hardship rules:
Last updated: 12 November 2007
VEA ? [29]
Hardship provisions can apply to people who either:
The following conditions must also be met before hardship provisions can apply:
A crisis payment [11] is a one off non-taxable payment to extend assistance to people who are in severe financial hardship and who:
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 ? [32]
Assets reduced rate is the amount calculated when the reduction for assets is subtracted from the maximum payment rate. See SCH6-A1(2) [26] of VEA (Method Statement 1 Step 8) and SCH6-A1(6) [26] 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). [40]
An asset of a person is an unrealisable asset if:
A crisis payment is a one-off non-taxable payment to extend immediate financial assistance to people in severe financial hardship who:
Last amended: 24 July 2007
VEA ? [42]
Access to the financial hardship rules is denied to people who have:
for less than adequate financial consideration [11], unless the Commission [11] makes a written determination to disregard the disposal provisions for hardship purposes.
More ? [43]
VEA ? [44]
Situations where it may be appropriate to disregard the application of the disposal provisions for hardship purposes include:
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.
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.
VEA ? [45]
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 [11]. Notional income may be assessed against the asset.
More ? [46]
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 [52] (for individuals) and subsection 52JD(6) VEA [52] (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 [11], 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 [11], 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 [52]of the VEA [52], the Commission is a body corporate under the name of Repatriation Commission.
A deprived asset is an asset:
VEA ? [54]
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.
It will be necessary to obtain the following information from the claimant in order to determine whether the financial hardship rules apply:
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.
For a person to be considered under the financial hardship rules, they must have an unrealisable asset [11]. 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:
Last amended: 24 March 2006
Circumstances in which a person may be unable to sell an asset would include the following:
Circumstances where it might be unreasonable to expect a person to sell their asset would include the following:
Special rules apply where the asset is a farm.
More ? [60]
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 ? [61]
No person is expected to sell their principal home [11].
Assets that are considered non-liquid, and should be sold to alleviate severe financial hardship include:
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.
An occupancy period of less than twenty years may be accepted if a person would, except in unforeseen circumstances:
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.
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. |
A near relative includes:
The principal home has the meaning given by subsection 5LA(1) [52] of the VEA and subsection 5LA(2) [52] 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.
Last amended: 24 March 2006
Before accessing the financial hardship rules, a person is expected to borrow against an asset if:
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.
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:
A person is only expected to borrow from:
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.
Last amended: 24 March 2006
Circumstances where it might be unreasonable to expect a person to sell their farm would include the following:
An occupancy period of less than twenty years may be accepted if a person would, except in unforeseen circumstances:
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.
A person's farm used by a family member [11], who has been actively involved in operating that farm for at least ten years (see exception), is an unrealisable asset [11] if the test of reasonableness shows it is unreasonable for the farm to be:
Note: A slightly shorter period can be accepted if the family member has worked the property continuously since leaving school.
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... |
|
the reasonableness test is satisfied, and the farm is considered an unrealisable asset. |
|
the reasonableness test is not satisfied, and the farm is not considered an unrealisable asset. |
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:
According to section 5L of the VEA [26]a family member, in relation to a person, means:
Please note, the definition of a parent is further defined in section 10A of the VEA [26].
An asset of a person is an unrealisable asset if:
This section contains information on determining whether a person is in severe financial hardship.
Last amended: 15 July 2022
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 means the maximum rate of service pension or income support supplement including the pension supplements, Energy Supplement, rent assistance and child payments. Remote area allowance is not included.
VEA → [76]
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:
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) |
Readily available funds may exceed the allowable limits by up to 10% if:
In such situations, a delegate [11] must review the case in three months to ensure that readily available funds are under the limit.
A person's readily available funds do not include:
Superannuation assets are not readily available funds for a person who is:
According to section 5J(1) [52] of the VEA a financial asset means;
A Delegate of the Commission [11] is a decision-maker who has been delegated authority to exercise the Commission's powers for the administration of pensions under the VEA [11].
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.
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.
A person may be in severe financial hardship if substantial evidence shows:
If a person claims that an unincorporated business is unable to sustain their drawings they must provide:
Substantial evidence may include:
A person is not considered to be in severe financial hardship if these returns show that the business can sustain the drawings.
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 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.
The following are examples of expenses that would be considered as reasonable costs of living:
The following are examples of expenses that would not be considered as unavoidable or reasonable expenditure:
Last amended: 30 April 2014
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:
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 |
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.
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 ? [88]
VEA ? [91]
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 [11] is deducted from the maximum payment rate [11] of service pension or income support supplement
VEA ? [92]
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.
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:
Last amended: 10 October 2007
VEA → [97]
Unrealisable assets are deemed to produce a notional income. The notional annual rate of ordinary income is assessed separately for each unrealisable asset.
A person's notional annual rate of ordinary income from an unrealisable asset is the lower of:
(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:
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.
If the occupying partner: | Then notional income is: |
is paying rent to the non-occupier | t — he lesser of:
Example: bank charges are reasonable expenses |
does not have a rental agreement with the non-occupier | the lesser of:
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 |
If a pensioner receives income from an unrealisable asset, then notional ordinary income is:
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.
For non-farming properties, the commercial lease value of an asset [11] 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 [11]. Reassessment may be requested if the valuation does not sufficiently take into account any of the following:
Note: If the asset does not have commercial lease value then notional income for the asset cannot be assessed.
Last amended: 10 October 2007
Unrealisable assets, including farms, are deemed to produce a notional income, except where special provisions apply.
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.
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:
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
The net value of a farm is the value of :
The value of the farm includes improvements, livestock, plant and machinery.
The farm value does not include the value of a person's:
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:
For non-farming properties, the commercial lease value of an asset [11] 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 [11]. Reassessment may be requested if the valuation does not sufficiently take into account any of the following:
Note: If the asset does not have commercial lease value then notional income for the asset cannot be assessed.
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[4] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/33-service-pension-and-income-support-supplement-payability
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[14] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/310-financial-hardship/3102-access-financial-hardship-rules
[15] https://clik.dva.gov.au/book/export/html/16860#ref-cspol_part3_ftn274
[16] 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
[17] https://clik.dva.gov.au/book/export/html/16860#ref-cspol_part3_ftn275
[18] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/310-financial-hardship/3104-unrealisable-assets
[19] https://clik.dva.gov.au/book/export/html/16860#ref-cspol_part3_ftn276
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[21] https://clik.dva.gov.au/book/export/html/16860#ref-cspol_part3_ftn277
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[23] https://clik.dva.gov.au/book/export/html/16860#ref-cspol_part3_ftn278
[24] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/310-financial-hardship/3107-notional-annual-rate-ordinary-income
[25] https://clik.dva.gov.au/book/export/html/16860#ref-cspol_part3_ftn279
[26] http://www.comlaw.gov.au/Series/C2004A03268
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[32] https://clik.dva.gov.au/book/export/html/16860#tgt-cspol_part3_ftn283
[33] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[34] https://clik.dva.gov.au/book/export/html/16860#ref-cspol_part3_ftn280
[35] 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
[36] https://clik.dva.gov.au/book/export/html/16860#ref-cspol_part3_ftn281
[37] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/96-deprivation-income-and-assets
[38] https://clik.dva.gov.au/book/export/html/16860#ref-cspol_part3_ftn282
[39] https://clik.dva.gov.au/book/export/html/16860#ref-cspol_part3_ftn283
[40] http://clik.dva.gov.au/glossary/assets-value-limit-avl
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[56] https://clik.dva.gov.au/book/export/html/16860#ref-cspol_part3_ftn289
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[62] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/310-financial-hardship/3104-unrealisable-assets/unrealisable-assets-farm
[63] https://clik.dva.gov.au/book/export/html/16860#ref-cspol_part3_ftn291
[64] 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
[65] https://clik.dva.gov.au/book/export/html/16860#ref-cspol_part3_ftn292
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[67] https://clik.dva.gov.au/book/export/html/16860#tgt-cspol_part3_ftn293
[68] 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
[69] https://clik.dva.gov.au/book/export/html/16860#ref-cspol_part3_ftn293
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[71] https://clik.dva.gov.au/book/export/html/16860#tgt-cspol_part3_ftn294
[72] 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
[73] https://clik.dva.gov.au/book/export/html/16860#ref-cspol_part3_ftn294
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[76] https://clik.dva.gov.au/book/export/html/16860#tgt-cspol_part3_ftn295
[77] clik://LEGIS/VEA/section 5H(1)
[78] https://clik.dva.gov.au/book/export/html/16860#tgt-cspol_part3_ftn296
[79] clik://LEGIS/VEA/Part VI
[80] clik://LEGIS/VEA/section 5I
[81] clik://LEGIS/VEA/section 52Z(3A)
[82] https://clik.dva.gov.au/book/export/html/16860#ref-cspol_part3_ftn295
[83] https://clik.dva.gov.au/book/export/html/16860#ref-cspol_part3_ftn296
[84] https://clik.dva.gov.au/user/login?destination=node/16816%23comment-form
[85] https://clik.dva.gov.au/user/login?destination=node/16863%23comment-form
[86] https://clik.dva.gov.au/user/login?destination=node/16834%23comment-form
[87] https://clik.dva.gov.au/user/login?destination=node/16886%23comment-form
[88] https://clik.dva.gov.au/book/export/html/16860#tgt-cspol_part3_ftn297
[89] https://clik.dva.gov.au/book/export/html/16860#ref-cspol_part3_ftn297
[90] https://clik.dva.gov.au/user/login?destination=node/16832%23comment-form
[91] https://clik.dva.gov.au/book/export/html/16860#tgt-cspol_part3_ftn298
[92] https://clik.dva.gov.au/book/export/html/16860#tgt-cspol_part3_ftn299
[93] https://clik.dva.gov.au/book/export/html/16860#ref-cspol_part3_ftn298
[94] https://clik.dva.gov.au/book/export/html/16860#ref-cspol_part3_ftn299
[95] https://clik.dva.gov.au/user/login?destination=node/16815%23comment-form
[96] https://clik.dva.gov.au/user/login?destination=node/16858%23comment-form
[97] https://clik.dva.gov.au/book/export/html/16860#tgt-cspol_part3_ftn300
[98] clik://LEGIS/VEA/section 52Z(5)
[99] https://clik.dva.gov.au/book/export/html/16860#ref-cspol_part3_ftn300
[100] https://clik.dva.gov.au/user/login?destination=node/16838%23comment-form