Last updated 25 November 2008
VEA ? [2]
Reductions suspensions or cancellations of service pension [3] or ISS [3] that are not automatic determinations in response to section 54 obligations must take effect on the day of determination or another day specified in the determination. The day specified must be later than the day of determination. The only cases where the day specified can be earlier than the determination are where there has been:
VEA ? [7]
When a determination is made that a pensioner has been incorrectly receiving duplicate payments of rent assistance, a reduction or cancellation of service pension or ISS can pre-date the determination. This would occur if:
rent assistance is included with... |
and... |
service pension or ISS |
|
family tax benefit |
|
In either case, the reduction or cancellation is to commence on the first day of the period during which duplicate payments of rent assistance were received and may be earlier than the date of the determination.
More ? [8]
VEA ? [9]
The date of effect for favourable determinations is determined under subsection 56G [10] VEA. Specifically, subsection 56G(2) applies where the person notifies of a change of circumstances that results in an increased rate of pension, while subsection 56G(3) applies in all other cases. Subsection 56G(3) cannot prevail over the specific provisions of subsection 56G(2). Examples of where subsection 56G(3) applies include:
VEA ? [11]
Subsection 56G(3) provides unlimited discretion to use any date of effect for a pension increase. However, a decision maker must comply with general principles of administrative law which apply to administrative decision making when applying the broad discretion provided by subsection 56G(3). A decision maker must take into account all relevant considerations in the exercise of a power. These include:
VEA ? [13]
When a review of a decision results in an increase in pension, the date of effect is the date that the increase would have been applied from when the original decision was made.
More ? [14]
VEA ? [15]
The date of effect for the end of a suspension of service pension or ISS can take effect from the day the suspension occurred or a later day decided by the Commission [3].
VEA ? [16]
If a variation to pension is made due to a person informing the Department that they have a dependent child [3], the determination takes effect on the day the child is taken to have become a dependant child. This day is determined under the Social Security Act 1991.
More ? [17]
Section 56H [10] VEA - adverse determination
Section 56M [10] VEA - cancellation or suspension
Section 56H(5) [10] VEA - suspension or cancellation
Section 56H(6) [10] VEA - rate reduction
Section 56H(7) [10] VEA - suspension or cancellation
Section 56H(8) [10] VEA - rate reduction
Rent Assistance
SCH6-C3 [10] VEA
Date of adverse determination
Section 56H(9) [10] VEA – Duplicate Payments of Rent Assistance
Rent Assistance
Chapter 5.1/Section2/Family Tax Benefit and Rent Assistance Eligibility [23]
Obligations
Date of effect of favourable determination – Other determinations
Section 56G(3) [10] VEA -
Section 56GA [10] VEA - Date of effect of determination under section 56C—dependent child
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.
Rent Assistance is an allowance which may be paid to a service pensioner, income support supplement (ISS) or veteran payment recipient to assist in meeting the cost of rental accommodation.
To receive rent assistance a pensioner must be paying rent (other than Government rent) for accommodation in Australia, and the amount paid must exceed a certain threshold.
Family Tax Benefit A is a payment made by the Family Assistance Office to assist families with the cost of raising children. It replaces Minimum Family Allowance, Family Allowance, Family Tax payment Part A and Family Tax Assistance Part A.
An investment is a managed investment if:
For a full definition see also:
Sections 5J(1A), 5J(1B) and 5J(1C) of the VEA [37].
According to subsection 5J(1) of the VEA [38], an income stream includes:
but does not include any of the following:
According to Section 179 [38]of the VEA [38], the Commission is a body corporate under the name of Repatriation Commission.
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.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16956%23comment-form
[2] https://clik.dva.gov.au/book/export/html/16956#tgt-cspol_part11_ftn26
[3] https://clik.dva.gov.au/%23
[4] https://clik.dva.gov.au/book/export/html/16956#tgt-cspol_part11_ftn27
[5] https://clik.dva.gov.au/book/export/html/16956#tgt-cspol_part11_ftn28
[6] https://clik.dva.gov.au/book/export/html/16956#tgt-cspol_part11_ftn29
[7] https://clik.dva.gov.au/book/export/html/16956#tgt-cspol_part11_ftn30
[8] https://clik.dva.gov.au/book/export/html/16956#tgt-cspol_part11_ftn31
[9] https://clik.dva.gov.au/book/export/html/16956#tgt-cspol_part11_ftn32
[10] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[11] https://clik.dva.gov.au/book/export/html/16956#tgt-cspol_part11_ftn33
[12] https://clik.dva.gov.au/book/export/html/16956#tgt-cspol_part11_ftn34
[13] https://clik.dva.gov.au/book/export/html/16956#tgt-cspol_part11_ftn35
[14] https://clik.dva.gov.au/book/export/html/16956#tgt-cspol_part11_ftn36
[15] https://clik.dva.gov.au/book/export/html/16956#tgt-cspol_part11_ftn37
[16] https://clik.dva.gov.au/book/export/html/16956#tgt-cspol_part11_ftn38
[17] https://clik.dva.gov.au/book/export/html/16956#tgt-cspol_part11_ftn39
[18] https://clik.dva.gov.au/book/export/html/16956#ref-cspol_part11_ftn26
[19] https://clik.dva.gov.au/book/export/html/16956#ref-cspol_part11_ftn27
[20] https://clik.dva.gov.au/book/export/html/16956#ref-cspol_part11_ftn28
[21] https://clik.dva.gov.au/book/export/html/16956#ref-cspol_part11_ftn29
[22] https://clik.dva.gov.au/book/export/html/16956#ref-cspol_part11_ftn30
[23] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/51-rent-assistance
[24] https://clik.dva.gov.au/compensation-and-support-policy-library/part-12-compliance-and-obligations/121-recipient-obligations
[25] https://clik.dva.gov.au/book/export/html/16956#ref-cspol_part11_ftn31
[26] https://clik.dva.gov.au/book/export/html/16956#ref-cspol_part11_ftn32
[27] https://clik.dva.gov.au/book/export/html/16956#ref-cspol_part11_ftn33
[28] https://clik.dva.gov.au/compensation-and-support-policy-library/part-2-applying-pension/23-standard-and-onus-proof/232-standards-proof/making-decisions-under-vea
[29] https://clik.dva.gov.au/book/export/html/16956#ref-cspol_part11_ftn34
[30] https://clik.dva.gov.au/book/export/html/16956#ref-cspol_part11_ftn35
[31] https://clik.dva.gov.au/compensation-and-support-policy-library/part-12-compliance-and-obligations/125-reviews-and-appeals
[32] https://clik.dva.gov.au/book/export/html/16956#ref-cspol_part11_ftn36
[33] https://clik.dva.gov.au/book/export/html/16956#ref-cspol_part11_ftn37
[34] https://clik.dva.gov.au/book/export/html/16956#ref-cspol_part11_ftn38
[35] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/94-children
[36] https://clik.dva.gov.au/book/export/html/16956#ref-cspol_part11_ftn39
[37] http://www.comlaw.gov.au/Series/C2004A03268
[38] http://clik.dva.gov.au/legislation-library
[39] https://clik.dva.gov.au/book/export/html/16956#tgt-SSA_ftn1
[40] http://www.comlaw.gov.au/Series/C2004A04121
[41] https://clik.dva.gov.au/book/export/html/16956#ref-SSA_ftn1