Veterans' Entitlements Act 1986
Section 9 (liability provisions)
Section 13 (eligibility of veterans and mariners)
Section 18 (duties of Commission in relation to pensions)
Section 19 (determination of claims and applications)
Section 22 (general rate and EDA)
Section 29 (Guide to Assessment of Rates of Veterans' Pensions - GARP)
Sections 30A to 30P and 74 (limitations due to payment of other compensation)
Section 70 (eligibility of Defence & Peacekeeping Forces)
Section 120A (reasonable hypothesis by reference to the Statements of Principles)
Section 120B (reasonable satisfaction by reference to the Statements of Principles)
To compensate a veteran, member of the Forces, member of a Peacekeeping Force or Australian mariner for incapacity resulting from eligible service.
To be eligible a person must have:
1921
The original intention has not changed.
1986 | In May GARP I introduced as part of VEA. |
1988 | In December GARP II superseded GARP I. |
1992 | In July GARP III superseded GARP II. |
1994 | From 7 April 1994 the MCS came into effect. In July GARP IV superseded GARP III. From 1 June 1994 all new claims were subject to SOPs issued by the RMA or determinations issued by the Commission. From 1 July 1994 the SWPA Act and Regulations were repealed and Australian mariners became eligible under the VEA on the same basis as veterans. |
1998 | From 1 January 1998, disability pensioners became eligible for payment of lump sum advance of pension (See the section on Lump Sum Advance of Pension) In April 1998 GARP V superseded GARP IV. |
2008 | From 20 March 2008 changes to the rate and indexation of disability pensions occurred. This measure included three distinct components: 1. Increase the above general rate component of EDA by $15; 2. Increase the General Rate component of all disability pensions by 5%; 3. Change the indexation arrangements for the general rate component of all pensions to MTAWE/CPI in same manner as the service pension. |
2010 | Introduction of British Nuclear Test Defence Service. |
2012 | Clean energy advance payable for the period 1 July 2012 to 19 March 2013 for eligible recipients. |
2013 | Clean energy supplement commenced 20 March 2013 for eligible recipients. |
2014 | Clean energy supplement replaced by energy supplement commenced 20 September 2014. |
2022 | Disability pension renamed Disability Compensation Payment to better reflect the nature of the payment, in response to a recommendation of the 2019 Independent Review into the TPI Payment by Mr David Tune AO PSM. |
Legislative Authority
Mental health conditions:
Malignant neoplasia (cancer) and tuberculosis:
Current Purpose/Intent
To allow current and former members of the Australian Defence Force (ADF) to access early treatment for:
without having to prove that these conditions are caused by military service.
Current Eligibility Criteria
Mental health conditions:
Current and former ADF:
Cancer and Pulmonary Tuberculosis: eligibility is limited to veterans with the following service:
Notes
Diagnosis:
Backdating
For all conditions, payments for relevant services can be reimbursed for up to three months prior to the date that the application for NLHC was received by the Department.
Date of Introduction
1935
Original Purpose/Intent
To allow treatment of TB in First World War veterans at Deputy Commissioners’ discretion under the Repatriation Regulations.
Significant Changes in Criteria or Purpose since Introduction
1935 | Deputy Commissioners are given a discretionary grant of medical treatment for First World War veterans with TB in Repatriation Regulations |
1941 | Grant of TB treatment extended to Boer War veterans and those with eligible war service in the Second World War |
1943 | Non-liability (NL) treatment of TB first mentioned in the Australian Soldiers’ Repatriation Act (1943 amendments) Treatment of Venereal Disease added to NLHC arrangements |
1973 | NL cancer treatment for those veterans with certain war service |
1975 | NL cancer treatment extended to all ‘members’ |
1986 | 19 May - NLHC provisions for TB and cancer incorporated into the new Veterans’ Entitlement Act (VEA) Backdating 3 months prior to receipt of application introduced |
1995 | 1 July - Treatment for posttraumatic stress disorder (PTSD) added |
2004 | 22 December - Treatment for anxiety and depressive disorders added |
2014 | 1 July - Treatment for alcohol use disorder and substance use disorder added Eligibility extended for peacetime service post-1994 |
2016 | 1 July - Eligibility for the five mental health conditions expands to include all current and former members of the Australian Defence Force (ADF) with at least one day of continuous full-time service. Claiming made easier by allowing email and phone call to be accepted as a claim and a diagnosis of one of the five mental health conditions to be provided within 6 months. |
2017 | 1 July – Treatment for five mental health conditions expanded to all mental health conditions. Policy changed so that no diagnosis is required to access mental health treatment. |
2018 | 1 July - Eligibility for the treatment of any mental health condition expanded to include reservists that have rendered Reserve Service Days with:
Mid-2018 - The White Card on Transition project commenced, with DVA issuing White Cards to transitioning members as they separate from the ADF. The White Card can be used to access NLHC treatment for any mental health condition, at any point in the person's life. The 'claim' for NLHC is taken to be when the person first uses the White Card to access treatment, at which time they also become eligible to receive Veterans Supplement. |
2019 | 21 January - Veterans' Recognition Program The Veterans' Recognition Program serves to recognise and acknowledge the unique nature of military service and the contribution of Defence families. Under the Veterans' Recognition Program, current and former serving ADF members can apply for a Veteran Card (a rebadged DVA Health Card) through MyService. Along with the Veteran Card, veterans and eligible reservists will also be able to access mental health treatment under NLHC arrangements. |
Veterans' Entitlements Act 1986
Section 9 (liability provisions)
Section 13 (eligibility of veterans and mariners)
Section 18 (duties of Commission in relation to pensions)
Section 19 (determination of claims and applications)
Section 23 (criteria)
Section 28 (capacity to undertake remunerative work)
Section 29 (Guide to the Assessment of Rates of Veterans' Pensions - GARP)
Section 30A to 30P and 74 (limitations die to payment of other compensation)
Section 70 (eligibility of Defence & Peacekeeping Forces)
Section 120 (standard of proof)
Section 120A and 120B (Statements of Principles)
To provide compensation to a veteran, member of the Forces, member of a Peacekeeping Force, or Australian mariner, where, because of incapacity resulting from eligible service, the person is unable to resume or to continue in remunerative work for 50 per cent or more of the time ordinarily worked by persons engaged in that kind of work on a fulltime basis, or if this is not applicable 20 hours or more per week.
A person is eligible if:
If the person is aged 65 years or over, they must have been engaged in continuous remunerative work that commenced prior to turning 65 and continued past the age of 65. There is no requirement for this continuous period of employment to have been with the same employer/self-employment (e.g. the person may have worked for multiple employers or owned more than one business).
1965
The original intention has not changed. It was felt that a rate was needed to bridge the gap between the general rate and the special (T&PI) rate for ex-servicemen capable of part-time or intermittent work only.
1985 | In May, eligibility criteria were tightened by amendment to the Repatriation Act 1920 (repealed). These amendments specified that to be eligible a veteran's disabilities must be service-related, that the veteran must be prevented from continuing to work other than part time, and that he or she must suffer a loss of wages. |
1988 | In December, the eligibility criteria were amended by reducing the level of incapacity required from 100 per cent to 70 per cent. |
1994 | In June, the eligibility criteria were amended such that an intermediate rate pension will not normally be payable to veterans aged 65 or more at the time they make the claim. From 1 July, the SWPA Act and Regulations were repealed and Australian mariners became eligible under the VEA on the same basis as veterans. |
1998 | From 1 January 1998, disability pensioners became eligible for payment of lump sum advance of pension (See the section on Lump Sum Advance of Pension). |
2004 | From March 2004, the above general rate component of disability pension is indexed with reference to both CPI and MTAWE in the same manner as the service pension. |
2007 | From July 2007, the special rate and intermediate rate disability pension were increased by $50 and $25 per fortnight respectively. |
2008 | From 20 March 2008, changes to the rate and indexation of disability pensions occurred. This measure included three distinct components: 1. Increase the above general rate component of EDA by $15; 2. Increase the general rate component of all disability pensions by 5%; 3. Change the indexation arrangements for the general rate component of all pensions to MTAWE/CPI in same manner as the service pension. |
2010 | Introduction of British Nuclear Test Defence Service. |
2012 | Clean energy advance payable for the period 1 July 2012 to 19 March 2013 for eligible recipients. |
2013 | Clean energy supplement commenced 20 March 2013 for eligible recipients. |
2014 | Clean energy supplement replaced by energy supplement from 20 September 2014. |
2017 | Amendments to eligibility criteria for persons aged 65 or over. From 1 July 2017, these clients no longer need to demonstrate a 10 year period of employment with the same employer/self-employment. |
2022 | The name was changed from Disability Pension to Disability Compensation Payment to better reflect the nature of the payment, in response to a recommendation of the Tune Review 2019. |
Veterans' Entitlements Act 1986
Section 9 (liability provisions)
Section 13 (eligibility of veterans and mariners)
Section 18 (duties of Commission in relation to pensions)
Section 19 (determination of claims and applications)
Section 24 (criteria T&PI)
Section 25 (criteria TTI)
Section 28 (capacity to undertake remunerative work)
Section 29 (Guide to the Assessment of Rates of Veterans' Pensions - GARP)
Section 30A to 30P and 74 (limitation due to payment of other compensation)
Section 70 (eligibility of Defence & Peacekeeping Forces)
Section 120 (Standard of Proof)
Section 120A and 120B (Statements of Principles)
To provide compensation to a veteran, member of the Forces, member of a Peacekeeping Force or Australian mariner where, because of either:
resulting from eligible service, the person is unable to resume or to continue in remunerative work for periods aggregating more than eight hours per week.
A person is eligible for T&PI pension if:
If the person is aged 65 years or over, they must have been engaged in continuous remunerative work that commenced prior to turning 65 and continued past the age of 65. There is no requirement for this continuous period of employment to have been with the same employer/self-employment (e.g. the person may have worked for multiple employers or owned more than one business).
A person is also eligible if he or she is blinded in both eyes as a result of a war-caused or defence-caused injury or disease.
A person is eligible for TTI pension if:
The period for which TTI pension is determined as payable is the time for which the incapacity is likely to continue.
1920
To compensate "severely disabled veterans of a relatively young age who could never go back to work and could never hope to support themselves or their families or provide for their old age."
1985 | With the introduction of the VEA, the criteria for grant of special rate were amended so that the veteran must be prevented from working for more than eight hours per week because of the effects of war-caused or defence-caused incapacity alone. |
1988 | From December the eligibility criteria were amended by reducing the level of incapacity required from 100 per cent to 70 per cent. |
1994 | From June the eligibility criteria were amended such that a special rate pension will not normally be payable to veterans aged 65 or more at the time they make the claim. From July the SWPA Act and Regulations were repealed and Australian mariners became eligible under the VEA on the same basis as veterans. |
1998 | From 1 January 1998, disability pensioners became eligible for payment of lump sum advance of pension (See the section on Lump Sum Advance of Pension). |
2004 | From March 2004 the above general rate component of disability pension is indexed with reference to both CPI and MTAWE in the same manner as the service pension. |
2006 | The standards used to determine blindness under the VEA were brought into line with those used by Department of Human Services - Centrelink and other government agencies. This meant that the blindness standards for a veterans to be classified as permanently blind changed from a visual acuity of less than or equal to 3/60 in both eyes to a visual acuity of less than or equal to 6/60 in both eyes. |
2007 | From 3 July 2007 the special rate and intermediate rate disability pension were increased by $50 and $25 per fortnight respectively. |
2008 | From 20 March 2008 changes to the rate and indexation of disability pensions occurred. This measure included three distinct components:
From 1 July 2008 the estate of a deceased single veteran previously in receipt of a Special Rate (T&PI) or Extreme Disablement Adjustment (EDA) disability pension who died in indigent circumstances became eligible for a disability pension bereavement payment. |
2010 | Introduction of British Nuclear Test Defence Service. |
2012 | Clean energy advance payable for the period 1 July 2012 to 19 March 2013 for eligible recipients. |
2013 | Clean energy supplement commenced 20 March 2013 for eligible recipients. |
2014 | Clean energy supplement replaced by energy supplement from 20 September 2014. |
2017 | Amendments to eligibility criteria for persons aged 65 or over. From 1 July 2017, these clients no longer need to demonstrate a 10 year period of employment with the same employer/self-employment. |
2022 | The name changed from Disability Pension at the Special Rate to Disability Compensation Payment at the Special Rate to better reflect the nature of the payment, in response to the Tune Review 2019. |
2023 | From 1 January 2023, the Special Rate of Disability Compensation Payment was increased by $38.46 per fortnight as provided for in the October 2022 Budget. |
Veterans' Entitlements Act 1986
Section 9 (liability provisions)
Section 13 (eligibility of veterans and mariners)
Section 18 (duties of Commission in relation to pensions)
Section 19 (determination of claims and applications)
Section 22(4) (criteria)
Section 29 (Guide to the Assessment of Rates of Veterans' Pensions - GARP)
Section 30A to 30P and 74 (limitations due to the payment of other compensation)
Section 70 (eligibility of Defence & Peacekeeping Forces)
Section 120 (standard of proof)
Section 120A and 120B (Statements of Principles)
To compensate a veteran, member of the Forces, member of a Peacekeeping Force or Australian mariner, who is extremely disabled and in receipt of the 100 per cent general rate Disability Compensation Payment but whose accepted disabilities have further degenerated after age 65.
A person is eligible if:
and
The adjustment was initially a 50 per cent increment to the 100 per cent general rate Disability Compensation Payment. Over time, new measures have changed this ratio.
On the death of a person entitled to EDA an eligible dependant of the person has an automatic entitlement to a war widow(er)'s pension or orphan's pension, as appropriate.
December 1988
The original intention has not changed. The EDA was intended to provide a more substantial level of compensation to veterans who were retired and whose degree of incapacity was greater than that required to qualify for the 100 per cent general rate, but who could not satisfy the eligibility criteria for the intermediate or special rate.
1994 | From 1 July 1994, the SWPA Act and Regulations were repealed and Australian mariners became eligible under the VEA on the same basis as veterans. |
1995 | From January, automatic grant to the estate of funeral benefit of $550 was extended to EDA recipients. |
1999 | From 1 January 1998, disability pensioners became eligible for payment of lump sum advance of pension (See the section on Lump Sum Advance of Pension). |
2004 | From March 2004, the above general rate component of disability pension was indexed with reference to both CPI and MTAWE in the same manner as the service pension. |
2008 | From 20 March 2008, changes to the rate and indexation of disability pensions occurred. This measure included three distinct components:
From 1 July 2008 the estate of a deceased single veteran previously in receipt of a Special Rate (T&PI) or Extreme Disablement Adjustment (EDA) disability pension who died in indigent circumstances became eligible for a disability pension bereavement payment. |
2010 | Introduction of British Nuclear Test Defence Service. |
2012 | Clean energy advance payable for the period 1 July 2012 to 19 March 2013 for eligible recipients. |
2013 | Clean energy supplement commenced 20 March 2013 for eligible recipients. |
2014 | Clean energy supplement replaced by energy supplement from 20 September 2014. |
2022 | The name of Disability Pension changed to Disability Compensation Payment to better reflect the nature of the payment, in response to a Tune Review 2019 recommendation. |
Veterans' Entitlements Act 1986
Section 9 (liability provisions)
Section 13 (eligibility of veterans and mariners)
Section 18 (duties of Commission in relation to pensions)
Section 19 (determination of claims and applications)
Section 27 (criteria)
Section 30A to 30P and 74 (limitations due to payment of other compensation)
Section 70 (eligibility of Defence and Peacekeeping Forces)
Section 120 (standard of proof)
Section 120A and 120B (Statements of Principles)
To provide further compensation for a veteran, member of the Forces, member of a Peacekeeping Force or Australian mariner, who has certain war-caused or defence-caused amputations and/or loss of sight.
A person is eligible if he or she is:
The rate of Disability Compensation Payment and additional payment together may not exceed the amount of the special rate. (Persons entitled to additional payment for disabilities listed at items 1 to 6 above receive the same amount as the special rate.)
On the death of a person entitled to additional payment for disabilities listed at items 1 to 8 above, an eligible dependant of the person has an automatic entitlement to a war widow(er)'s pension or orphan's pension, as appropriate.
VEA subsection 27(4) contains deeming provisions for partial amputations and for loss of function without amputation.
1921
The original intention has not changed.
1994 | From 1 July 1994, the SWPA Act and Regulations were repealed and Australian mariners became eligible under the VEA on the same basis as veterans. |
2006 | The standards used to determine blindness under the VEA were brought into line with those used by Department of Human Services and other government agencies. This meant that the blindness standards for a veterans to be classified as permanently blind changed from a visual acuity of less than or equal to 3/60 in both eyes to a visual acuity of less than or equal to 6/60 in both eyes. |
2022 | The name of Disability Pension was changed to Disability Compensation Payment to better reflect the nature of the payment, in response to a recommendation of the Tune Review 2019. |
Veterans' Entitlements Act 1986
Section 8 (liability provisions)
Section 5E(1) (definition)
Section 13 (eligibility of partners of veterans and mariners)
Section 18 (duties of Commission in relation to pensions)
Section 19 (determination of claims and applications)
Section 45 (income support supplement)
Section 70 (eligibility of partners of Defence and Peacekeeping Forces)
Section 120 (standard of proof)
Section 120A and 120B (Statements of Principles)
To compensate the widow/er of a veteran, member of the Forces, member of a Peacekeeping Force or Australian mariner, whose eligible service has caused or contributed to his or her death.
The widow/er must have been a partner of, or legally married to, an eligible person immediately before the eligible person died. The eligible person must have:
1914
The original intention has not changed.
1936 | Extension of eligibility to widows of TPI veterans. |
1973 | Extension to de facto spouses. |
1985 | Provision to allow war widows who re-married after 29 May 1984 to retain their pensions. |
1986 | Ceiling placed on the amount of age, carer, wife or disability support pension payable to a war widow/er under the Social Security Act 1991. |
1990 | Extension of eligibility for the war widow(er)'s pension to widows of EDA recipients. |
1991 | War widowers placed on an equal basis with war widows under the VEA. |
1993 | Eligibility for war widow(er)'s pension extended to spouses and partners of former Australian prisoners of war (POWs) in recognition of the trauma of incarceration and ongoing difficulties of re-adjustment experienced by former POWs and their families. |
1994 | From 1 July 1994, the SWPA Act and Regulations were repealed and Australian mariners became eligible under the VEA on the same basis as veterans. |
1995 | Income support supplement for eligible war widows and widowers became payable by Veterans' Affairs. |
1996 | Automatic grant of war widow(er)'s pension extended to cases where the veteran died as a result of a disability already accepted as being war-caused or defence-caused. |
1998 | War widow(er)'s pension linked to Male Total Average Weekly Earnings (MTAWE) to retain its parity to single rate service pension. |
2000 | Pensioners received a supplement of 4% of their pension from 1 July 2000 to compensate for the effects of the GST. This supplement is treated separately from the pension and is indexed in line with increases in the CPI. |
2002 | War widow(er)'s pension restored to war widows who had their pensions cancelled due to remarriage prior to 1984. |
2005 | Rent assistance commenced to be payable in addition to the ceiling rate of Veterans' Affairs income support paid to war widows and widowers. |
2007 | From 1 July 2008, the backdating provisions for war widow(er)'s pension was extended from 3 months to 6 months. |
2008 | From 20 March 2008, the formerly non-indexed component of war widow(er)'s pension of $25 was increased by $10 and subject to the same indexation as the indexed component (pension factor). On 20 March 2008, the new rate was $35.60. From 1 July 2008, the 2008-09 Budget Measures extended the automatic granting of the war widow(er)'s pension to the widows and widowers of veterans who were in receipt of the temporarily totally incapacitated special rate and intermediate rate of Disability Compensation Payment at the time of the veteran's death. |
2009 | Same sex partners of veterans treated the same as opposite sex defacto partners. |
2010 | From 1 October 2010, new claimants who have entered a defacto relationship prior to claiming are no longer eligible for the war widow(er)'s pension. This measure ensures claimants in defacto relationships are treated the same as married claimants. |
2012 | Clean energy advance payable for the period 1 July 2012 to 19 March 2013 for eligible recipients. |
2013 | Clean energy supplement commenced 20 March 2013 for eligible recipients. |
2014 | Clean energy supplement replaced by energy supplement from 20 September 2014. |
Veterans' Entitlements Act 1986
Section 8 (liability provisions)
Section 13 (eligibility of children of veterans and mariners)
Section 18 (duties of Commission in relation to pensions)
Section 19 (determination of claims and applications)
Section 30A to 30P and 74 (limitation due to payment of other compensation)
Section 30(2) (rate)
Section 70 (eligibility of children of Defence and Peacekeeping Forces)
Section 120 (standard of proof)
Section 120A and 120B (Statements of Principles)
To compensate the eligible dependent children of a deceased veteran, member of the Forces, member of a Peacekeeping Force or Australian mariner.
Orphans of an eligible person:
The child must have been wholly or substantially dependent on the person, immediately prior to the person's death. If the child is between 16 and 25 years old he or she must be:
1920
The original intention has not changed.
1920 | The dependency criteria have eased since 1920 when the claimant must have been dependent on the veteran at some time in the 12 months immediately preceding the date of enlistment or appointment. |
1986 | Under the Repatriation Act 1920, eligibility had been restricted to those dependants of veterans whose death was war-caused. |
1993 | From 1 January 1993, automatic grant of orphan’s pension was extended to cases where a veteran was a prisoner of war at the time of operational service and the death of the veteran was not war-caused. |
1994 | From 1 July 1994 the SWPA Act and Regulations were repealed and Australian mariners became eligible under the VEA on the same basis as veterans. |
1996 | Automatic grant of orphan's pension was extended to cases where the veteran died as a result of disability already accepted as being war-caused or defence-caused. |
To provide all Australian service personnel who were held prisoner of war (POW) and civilians who were interned by Japan during World War II and their surviving widows with a one-off ex gratia payment of $25,000 in recognition of the treatment they received in captivity.
Veterans' Entitlements Act 1986 – Section 106
Compensation (Japanese Internment) Act 2001 – Section 7(1)
Veterans' Entitlements (Compensation – Japanese Internment) Regulations
A veteran is eligible if the veteran was interned by Japanese military forces at any time during the designated war period and was alive at 1 January 2001.
A dependant (other than a child) of a deceased veteran is eligible if the dependant was alive on 1 January 2001; the veteran was interned by Japanese military forces at any time during the designated war period and died before 1 January 2001.
A partner of a deceased veteran is eligible if the person was alive at 1 January 2001, the veteran died before 1 January 2001, the person was a partner of the veteran immediately before the veteran's death, and veteran was interned by Japanese military forces at any time during the designated war.
A person (civilian) is eligible if the person was alive at 1 January 2001, the person was interned by Japanese military forces at any time during the designated war period, and the person was domiciled in Australia immediately before the commencement of internment.
Veterans' Entitlements (Clarke Review) Act 2004 – Part 2.
To provide all Australian service personnel who were held POWs and civilians who were interned by North Korea during the Korean War and their surviving widows with a one-off ex gratia payment of $25,000 in recognition of the treatment they received in captivity.
In 2004 eligibility was extended to ex-POWs of North Korea and their surviving widows who were alive on 1 July 2003 in response to a recommendation of the Clarke Review of Veterans' Entitlements.
A veteran is eligible if the veteran was interned by North Korean military forces at any time during the designated war period and was alive on 1 July 2003.
A $25,000 one-off payment is also available to Australian former POWs in Europe, or their surviving widows who were alive on 1 January 2007.
To be eligible for the ex-gratia payment the person must have been:
The payment is also available to the estates of eligible people who were alive on 1 January 2007 but have since died.
May 2001 (POW-J)
July 2004 (POW-K)
January 2007 (POW-E)
Compensation (Japanese Internment) Act 2001 – Section 12
Veterans’ Entitlements (Clarke Review) Act 2004 – Section 13
Social Security and Veterans’ Affairs Legislation Amendment (One-off Payments and Other 2007 Budget Measures) Act 2007 Schedule 5 Item 10
The $25,000 one-off payment is disregarded under the assets test and treated as a deduction from the value of the person's total assets for life.
Veterans’ Entitlements Act 1986 – Section 5H(12) – Legislative instruments
The $25,000 one-off payment is regarded as an exempt lump sum under the income test. If the money received from these payments is invested, used to acquire assets or disposed of, then the subsequent investment, asset acquisition or disposal is assessed using the appropriate income and assets test rules.
To provide special recognition of the hardships endured by all Australian service personnel who were held prisoner of war (POW) and civilians who were interned by Japan during World War II.
Veterans' Entitlements Act 1986
Part VIB
The same as the eligibility for the ex-gratia payments made to ex-POWs and civilian internees of Japan, ex-POWs in Europe, and prisoners of North Korea during the Korean War.
20 September 2011
Veterans' Entitlements Act 1986
Section 98
To assist an eligible veteran, member of the Forces, member of a Peacekeeping Force or Australian mariner with the cost of the services of an attendant.
The eligible person must be in receipt of a Disability Compensation Payment for incapacity from one of the following war-caused or defence-caused injuries or diseases:
1922
The original intention has not changed.
1994 | From 1 July 1994, the SWPA Act and Regulations were repealed and Australian mariners became eligible under the VEA on the same basis as veterans. |
2006 | Standards used to determine blindness under the VEA were brought into line with those used by Department of Human Services and other government agencies. This meant that the blindness standards for a veterans to be classified as permanently blind changed from a visual acuity of less than or equal to 3/60 in both eyes to a visual acuity of less than or equal to 6/60 in both eyes. |
Veterans' Entitlements Act 1986
Section 97
To compensate an eligible veteran, member of the Forces, member of a Peacekeeping Force or Australian mariner for exceptional wear and tear of, or damage to, clothing.
The eligible person must be in receipt of a Disability Compensation Payment for incapacity from a war-caused or defence-caused incapacity as follows:
November 1959
In the period 1953-1958, representations by the Returned Service League sought the introduction of allowances, to certain categories of members, to compensate for abnormal deterioration of clothing resulting from a service-related disablement and/or the treatment thereof.
Initially resolutions of the League referred to the effects on clothing of "oils, ointments, or other substances used in the necessary treatment of accepted war disabilities". Later resolutions referred to the damage caused by the wearing of surgical aids and appliances.
In 1958, the Commission agreed in principle that a range of allowances was warranted to meet these needs. The scheme was introduced in November 1959.
In 1967, the allowance was extended to blinded veterans who damaged their clothing because of their lack of sight.
1994 | From 1 July 1994, the SWPA Act and Regulations were repealed and Australian mariners became eligible under the VEA on the same basis as veterans. |
2006 | Standards used to determine blindness under the VEA were brought into line with those used by Department of Human Services and other government agencies. This meant that the blindness standards for a veterans to be classified as permanently blind changed from a visual acuity of less than or equal to 3/60 in both eyes to a visual acuity of less than or equal to 6/60 in both eyes. If a veteran is granted Disability Compensation Payment in respect of incapacity as described in column 1 of the table in sub-section 97(1), clothing allowance should be granted at the same time. In any other case, the veteran should apply for the allowance in writing. |
Veterans' Entitlements Act 1986
Section 102
To reward battle deeds and successes.
To qualify for the allowance a veteran or mariner:
Victoria Cross*
George Cross
George Medal
Distinguished Service Order
Distinguished Service Cross
Military Cross
Distinguished Flying Cross
Distinguished Conduct Medal
Conspicuous Gallantry Medal
Distinguished Service Medal
Military Medal
Distinguished Flying Medal
Member of the Most Excellent Order of the British Empire (Military Division)**
Medal of the Most Excellent Order of the British Empire (Military Division) (1919-1958), and with Gallantry Emblem (1958-1974)
Victoria Cross for Australia*
Star of Gallantry
Medal for Gallantry
Cross of Valour**
Star of Courage**
*In addition to decoration allowance, Victoria Cross recipients are entitled to receive an annual Victoria Cross Allowance.
**These medals must be awarded during a war or during warlike operations covered in the VEA to qualify for the allowance.
Veterans who were admitted as a member of the Order of the British Empire or received the British Empire Medal between 1919 and 1958 will also be eligible for decoration allowance if the award was for gallantry.
Since World War I.
The original intention has not changed.
1991 | The Most Excellent Order of the British Empire was added to the list of decorations. |
1994 | From 1 July 1994 the SWPA Act and Regulations were repealed and Australian mariners became eligible under the VEA on the same basis as veterans. |
Veterans' Entitlements Act 1986
Section 108
To compensate an eligible veteran, member of the Forces, member of a Peacekeeping Force or Australian mariner, or his or her authorised attendant, authorised representative or personal legal representative, for the loss of salary, wages or earnings, due to the investigation of a claim for, or treatment of, a war-caused or defence-caused injury or disease.
An eligible veteran, member of the Forces, member of a Peacekeeping Force or Australian mariner, must be engaged in an occupation and have lost salary, wages or earnings, on his or her own account by reason of:
An authorised attendant, authorised representative or personal legal representative, must be engaged in an occupation and have lost salary, wages or earnings, on his or her own account by assisting a claimant:
The time limit, prescribed in section 112(2) of the VEA, is "within 12 months of the commencement of the relevant period".
1 November 1978
The intentions of sustenance allowance as they evolved after World War I formed the basis for loss of earnings allowance and temporary incapacity allowance.
1949 | The Independent Enquiry into the Repatriation System by Mr. Justice P.B.Toose (1975), page 581 - states that an allowance for loss of earnings was introduced in 1949. However, this was the rather minor 'attendance allowance' paid under Repatriation Regulation 74A for certain absences from work of less than one day for which sustenance allowance was not available. |
1978 | The creation of loss of earnings allowance introduced a significant change from sustenance allowance in that the veteran had to have actually lost wages, salary, or earnings. |
1994 | From 1 July 1994 the SWPA Act and Regulations were repealed and Australian mariners became eligible under the VEA on the same basis as veterans. |
2006 | The standards used to determine blindness under the VEA were brought into line with those used by Department of Human Services and other government agencies. This meant that the blindness standards for a veterans to be classified as permanently blind changed from a visual acuity of less than or equal to 3/60 in both eyes to a visual acuity of less than or equal to 6/60 in both eyes. |
Veterans' Entitlements Act 1986
Section 104
To assist an eligible veteran, member of the Forces, member of a Peacekeeping Force or Australian mariner with the cost of transportation for recreation purposes.
A person with one of the following war-caused or defence-caused disabilities:
1927
In 1957, the Cabinet approved a recommendation by the Minister that the Repatriation Commission be empowered to provide or arrange suitable transport for recreation under Departmental medical advice for soldiers totally and permanently incapacitated as a result of spinal, head, pelvic or hip injury, organic cerebral or spinal disease, and to double amputees at or above the knee, whose means of locomotion were permanently restricted to wheeled chairs or cots.
1930 |
Eligibility extended to veterans with disabilities affecting both knees. |
1935 |
Lower level of allowance provided for veterans with one leg amputated above, and one leg below, the knee. |
1950 |
Eligibility extended to veterans with amputation of both arms at or above the wrist. |
1953 |
Lower level of allowance extended to veterans with:
|
1970 |
Eligibility extended to blinded veterans. |
1994 |
From 1 July 1994 the SWPA Act and Regulations were repealed and Australian mariners became eligible under the VEA on the same basis as veterans. |
2006 |
The standards used to determine blindness under the VEA were brought into line with those used by Department of Human Services and other government agencies. This meant that the blindness standards for a veterans to be classified as permanently blind changed from a visual acuity of less than or equal to 3/60 in both eyes to a visual acuity of less than or equal to 6/60 in both eyes. |
Veterans' Entitlements Act 1986
Section 107
This allowance was removed from the VEA from 20 September 2011.
Eligibility for this allowance was removed from the VEA with effect 20 September 2011.
Eligibility prior to 20 September 2011 was dependent on the following:
The time limit prescribed in VEA section 112(1) is “within 12 months of the commencement of the relevant period”, ie within 12 months of the commencement of the treatment of the incapacity.
1 November 1980
To provide compensation to a veteran, member of the Forces, member of a Peacekeeping Force or Australian mariner who was unable to work due to being admitted to a hospital or other institution for treatment of a war-caused or defence-caused injury or disease.
1994 |
From 1 July 1994, the SWPA Act and Regulations were repealed and Australian mariners became eligible under the VEA on the same basis as veterans. |
2011 |
Temporary Incapacity Allowance was removed from the Veterans' Entitlements Act 1986 from 20 September 2011 |
Veterans' Entitlements Act 1986
Sections 115A - 115L
Veterans’ Vocational Rehabilitation Scheme Instrument 1997 No.5
Most people with eligible service under the VEA can apply for assistance under the VVRS. This includes the following types of service:
Commonwealth veterans, allied veterans or allied mariners in receipt of invalidity service pension can also apply to the VVRS for assistance.
1 December 1997
Under the VVRS, the Repatriation Commission will provide a range of services for veterans to find, or continue in, suitable paid employment, with a particular emphasis on those separating from the Australian Defence Force, and assisting those veterans whose jobs are in jeopardy. VVRS services include advice on job-seeking, assistance with updating or upgrading skills (including help to gain recognition for on-the-job training) and assistance with finding work.
Pensioners who receive Disability Compensation Payment at the special or intermediate rate will retain all their ancillary benefits such as treatment, whilst participating in the VVRS. Disability Compensation Payments are paid at a lower rate under the VVRS equating to 100% of the general rate plus a percentage of the difference between the general rate and either the special or intermediate rate (whichever the veteran was receiving) for the first two years of employment. Over the next five years, while remaining in employment, the rate is gradually reduced to 100% of the general rate.
If the veteran leaves the workforce for any reason, including retirement, they will return to the rate of Disability Compensation Payment they were receiving prior to participating in the VVRS.
The VVRS also provides for concessional assessment of earnings for invalidity service pension recipients. Under the scheme, only 50% of their gross employment earnings are taken into account for the income test for the first two years. After the first two years, for the following five years, the proportion of the earnings used for the income test increases at a rate of 5% every six months until 100% of employment earnings is used.
Nil
Veterans' Entitlements Act 1986
Section 105
To assist an eligible veteran, member of the Forces, member of a Peacekeeping Force or Australian mariner, by providing him or her with a motor vehicle, modifying the vehicle as necessary, and assisting with running costs and maintenance.
A person incapacitated by a war-caused or defence-caused injury or disease, as follows:
For Vehicle Assistance Scheme purposes, a leg that is wholly or permanently useless above the knee is treated as an amputation above the knee.
The eligible person must:
The eligible person, or the eligible person's partner or carer must possess a valid driving licence.
1986
The original intention has not changed. The scheme was introduced to replace the old Gift Car Scheme (which was established in 1950).
1994 |
From 1 July 1994, the SWPA Act and Regulations were repealed and Australian mariners became eligible under the VEA on the same basis as veterans. |
1997 |
New Vehicle Assistance Scheme becomes effective 1 November 1997 |
A New Tax System (Goods and Services Tax) Act 1999
Section 38-505
To assist eligible veterans with the cost of purchasing new cars and essential spare parts.
An eligible person is a former member of the Australian Defence Force or the armed forces of any other Commonwealth country who, as a result of service:
Eligibility for GST exemption applies where:
Exemption from Sales Tax was granted (1947).
GST exemptions were introduced when GST replaced Sales Tax on 1 July 2000.
In 1947, in response to representations made by limbless ex-servicemen on the basis that it was impracticable for these ex-servicemen to make use of public transport. Initially, the exemption applied only to ex-servicemen who had lost a leg as a result of their service in the armed forces.
The provision was extended in 1949 to ex-servicemen who had lost both arms, or were deemed under the Repatriation Act 1920 to have lost a leg or both arms, were totally and permanently incapacitated, blind, or had tuberculosis.
Exemption from GST was introduced when GST replaced Sales Tax on 1 July 2000.
1991 |
In the 1991/92 Budget a cap was placed on the amount of exemption available. This cap has been set at the luxury car threshold. |
2000 |
Exemption from Sales Tax on motor vehicles and parts replaced by an exemption from GST on motor cars and parts. |
Veterans' Entitlements (Special Assistance – Motorcycle Purchase) Regulations 2001
To assist eligible veterans with the purchase of motorcycles and parts under the VEA.
Those eligible under the scheme are veterans who:
1 July 2000
To provide financial assistance to eligible veterans who purchase a motor cycle for use as his or her personal transportation (whether or not as the driver).
Veterans' Entitlements Act 1986
Section 103
Victoria Cross Allowance is an historic reward for valour.
Victoria Cross recipients are entitled to receive an annual Victoria Cross allowance. The veteran may also be receiving an allowance or annuity from a foreign government for a similar award during the same period.
A bar to the Victoria Cross does not qualify the holder for an additional payment.
1943
The original intention has not changed.
1996 |
The allowance was increased from $250 per year to $2,700 per year, in line with a similar increase granted by the British Government. This increase was retrospectively effective from 17 August 1995 (the date of the announcement made by British Prime Minister Major). |
2000 |
Allowance increased to $2,808 on introduction of the GST. |
2004 |
Inclusion of Victoria Cross of Australia. |
2005 |
Allowance indexed in line with CPI increases. |
2010 |
Amendment to allow recipients to also receive annuity from a foreign government. This foreign allowance will not be counted as income under the Veterans’ Entitlements Act 1986 or Social Security Act 1991 effective from 17 November 2010. |
Veterans' Entitlements Act 1986
Section 98A
Section 98AA
An automatic bereavement payment is made to the widow/er of an eligible veteran, member of the Forces, member of a Peacekeeping Force, or Australian mariner, to assist the widow/er gradually to adjust his or her financial situation, and to defray costs caused by the bereavement.
A bereavement payment to the estate of a deceased single veteran previously in receipt of a special rate or Extreme Disablement Adjustment (EDA) Disability Compensation Payment is made if the veteran died in indigent circumstances. The bereavement payment supports the families to pay for the costs of a funeral where the deceased veteran dies without sufficient assets to pay for a funeral.
Prior to 1 January 2005, the amount of bereavement payment was the equivalent of six pension instalments up to a maximum of 100 per cent of the general rate.
From 1 January 2005, the amount of bereavement payment is the equivalent of six times the actual rate of Disability Compensation Payment.
Pensioner was a member of a couple
The deceased person must have been:
Pensioner was single
The deceased person must have:
1 January 1990
The original purpose has not changed.
1994 | From 1 July 1994, the SWPA Act and Regulations were repealed and Australian mariners became eligible under the VEA on the same basis as veterans. |
2005 | The Government increased the bereavement payment for the partners of above general rate Disability Compensation Payment recipients (including T&PI, intermediate rate and EDA veterans). This initiative commenced on 1 January 2005. Under the new arrangements, all bereavement payments including increased payments for deaths from 1 January 2005 are paid automatically. |
2008 | From 1 July 2008 the Veterans' Entitlements Legislation Amendment (2007 Election Commitments) Bill 2008 introduced bereavement payments to the estate of deceased single veterans previously in receipt of a special rate or EDA Disability Compensation Payment and who die in indigent circumstances. |
2009 | Same sex partners of veterans treated the same as opposite sex de facto partners. |
2022 | The name of Disability Pension changed to Disability Compensation Payment to better reflect the nature of the payment, in response to a Tune Review 2019 recommendation. |
Veterans' Entitlements Act 1986
Section 99 (eligibility)
Section 98B (benefit payable to estate)
Section 100 (dependants)
A funeral benefit, up to a maximum of $2,000, may be granted toward the cost of the funeral of an eligible veteran, member of the Forces, member of a Peacekeeping Force, Australian mariner or dependant. It is not a grant to cover all expenses incurred.
A grant may be made towards the cost of expenses incurred in respect of the funeral of a veteran, member of the Forces, member of a Peacekeeping Force or Australian mariner:
An automatic grant is made to the estate of a deceased veteran, member of the Forces, member of a Peacekeeping Force or Australian mariner:
An additional amount may be paid towards transporting the body of a deceased veteran, member of the Forces, member of a Peacekeeping Force or Australian mariner, if the person died while absent from his or her normal place of residence.
A funeral benefit may also be payable towards the cost of the funeral of an eligible dependant who has died in indigent circumstances. The only dependants who are eligible are dependants of veterans whose death was war-caused or defence-caused, or who were in receipt of a Disability Compensation Payment at the special rate, or under section 27 (items 1-8).
1920
To provide financial assistance towards funeral expenses.
1984 | Funeral benefit increased from $500 to $550 from November 1984. |
1990 | Payment of the lower rates of funeral benefit ($20 and $40) was abolished with the introduction of the disability pension bereavement payment. |
1992 | Funeral benefit became payable automatically to the estate of a veteran who was eligible to receive pension at the special rate or where the veteran's pension had been increased under section 27 (items 1-8). |
1994 | From 1 July 1994, the SWPA Act and Regulations were repealed and Australian mariners became eligible under the VEA on the same basis as veterans. |
1995 | Funeral benefit became payable automatically to the estate of a veteran who was eligible to receive an EDA or who was a former prisoner of war. |
1996 | Eligibility for additional payment towards the cost of transportation of remains of a veteran who died in indigent circumstances. This measure corrected an anomaly where this benefit was available in respect of all other categories of eligibility, but not where the veteran died in indigent circumstances. |
2000 | Funeral Benefit increased to $572 on the introduction of the GST. |
2002 | Funeral Benefit increased to $1,000. |
2007 | The maximum funeral benefit for eligible veterans under the Veterans' Entitlement Act 1986 increased from $1,000 to $2,000. |
Veterans' Entitlements Act 1986
Section 116 (eligibility)
Section 117 (scheme)
Section 118 (benefits)
Veterans’ Children Education Scheme Instrument 1992
To provide financial assistance and student support services, and arrange for guidance and counselling for eligible children, to help them achieve their full potential in education, or career training.
To be eligible, a student is generally aged under 25 years and be a child of a veteran or a member of the Forces or of a Peacekeeping Force:
Also eligible are students whose veteran parent had operational service but whose death was not war-caused and who have also lost their other parent. This loss may be through death or where the surviving parent is not maintaining them.
A student who is the child of a Vietnam veteran (or who is, or has been, dependent on a Vietnam veteran) but who does not qualify under any of the above criteria may be eligible in certain circumstances. The student will need to be assessed by an appropriately qualified professional and approved as a ‘eligible child’ by the Commissions.
1921
The scheme was originally known as the Soldiers' Children Education Scheme (SCES). The purpose of the scheme was to provide support services and financial assistance to children of eligible veterans and members of the Forces, to help them achieve their full educational or training potential and prepare them for suitable careers. The Scheme was consistent with other Commonwealth education assistance schemes.
1986 | The SCES was replaced by the VCES in May. |
1988 | Children of deceased EDA veterans gain eligibility. |
1993 | From January, the Scheme was revised, as follows:
In June, the Australian Mariners' Children Education Scheme (AMCES) was introduced. The AMCES provides the same benefits as the VCES but it only applied to eligible children of Australian mariners. |
1994 | From 1 July 1994, the SWPA Act and Regulations were repealed and Australian mariners became eligible under the VEA on the same basis as veterans. The AMCES was abolished, and children of Australian mariners became eligible under the VCES. |
1998 | From 1 July 1998, students aged 16 and over and in receipt of a “living away from home” rate of education allowance became eligible for rent assistance on the same basis as Youth Allowance recipients. |
2000 | From 1 January 2000, VCES benefits were extended to the children of veterans receiving disability compensation payment at the EDA rate. |
2005 | A 2006-07 Federal Budget initiative increased the number of Long Tan bursaries from 30 to 50, and the value from $6,000 to $9,000 over three years. |
2010 | From 1 January 2010, eligible students enrolled in an approved scholarship course at a higher education institution can receive a Student Start-Up Scholarship. In addition, those living away from home or in receipt of the homeless or orphan rates can receive a Relocation Scholarship. |
2012 | From 1 January 2012, the rates of the Student Start-up and Relocation Scholarships were adjusted to allow for a new second tier rate of Relocation Scholarship to be paid to students in their second and third year of studying away from home. Clean energy advance payable for the period 1 July 2012 to 30 June 2013 for eligible recipients. On 18 June 2012, a one-off Education Tax Refund (ETR) payment of $409 for primary school students and $818 for secondary school students was paid to education allowance recipients (as at 8 May 2012). This replaced the former Education Tax Refund claimable through the Australian Taxation Office and covered 2011-12. This was paid under the VEA and MRCA. On 1 October 2012, some further ETR payments were made under an Administrative Scheme to those who were not eligible for the June ETR payment but would otherwise have been able to claim under their tax returns for 2011-12, mainly school leavers. This was paid under family assistance legislation. |
2013 | Indexation of the Student Start-up Scholarship is paused for 4 years from 1 January 2013. The next indexation date is 1 January 2017. From January 2013, Schoolkids Bonus payable each January and July for those in receipt of education allowance on 1 January or 30 June and at school. This is paid under social security and family assistance legislation. Also payable to Department of Human Services Family Tax Benefit clients. From March 2013, Income Support Bonus payable each March and September for 16 year olds and over and certain eligible under 16 year old students in receipt of education allowance on 20 March or 20 September and in secondary or tertiary education. It is for those relying mainly on government allowances and is to help with unexpected expenses. Also payable to Department of Human Services allowance clients such as Newstart and ABSTUDY. Second clean energy advance payable in July 2013 for the period 1 July 2013 to 31 December 2013. |
2014 | Clean energy supplement commenced 1 January 2014. Clean energy supplement replaced by energy supplement commenced 20 September 2014. |
2020 | The Coronavirus Supplement commenced from 27 April 2020. It was initially payable for a six month period, but was extended twice, at reduced rates, finally ceasing on 31 March 2021. The rates of payment over time were:
The Coronavirus Supplement formed part of the Government’s response to the economic impacts of the COVID019 pandemic. It was payable to new and existing recipients who received the education allowance at a similar rate to Youth Allowance. |
2021 | The base rates of certain Education Allowance rates increased by $50 from 1 April 2021. Rates of Education Allowance that received this increase were for:
|
2022 | Name change - The disability pension was changed to the disability compensation payment |
2023 | The base rates of certain Education Allowance rates were increased by $40 per fortnight from 20 September 2023, in line with changes to the base rates of Youth Allowance and Austudy. Rates of Education Allowance that received this increase were for:
|
Links
[1] https://clik.dva.gov.au/user/login?destination=comment/reply/23999%23comment-form
[2] https://clik.dva.gov.au/user/login?destination=comment/reply/24046%23comment-form
[3] http://www.comlaw.gov.au/Series/F2006B00465
[4] https://clik.dva.gov.au/compensation-and-support-reference-library/departmental-instructions/1994/b181994-military-compensation-scheme
[5] https://clik.dva.gov.au/user/login?destination=comment/reply/24042%23comment-form
[6] https://clik.dva.gov.au/compensation-and-support-reference-library/intent-paper-2013/rehabilitation-and-compensation-veterans-entitlements-act-1986-vea/disability-pension-general-rate
[7] https://clik.dva.gov.au/user/login?destination=comment/reply/24038%23comment-form
[8] https://clik.dva.gov.au/user/login?destination=comment/reply/23992%23comment-form
[9] https://clik.dva.gov.au/user/login?destination=comment/reply/24002%23comment-form
[10] https://clik.dva.gov.au/user/login?destination=comment/reply/24036%23comment-form
[11] https://clik.dva.gov.au/user/login?destination=comment/reply/23993%23comment-form
[12] https://clik.dva.gov.au/user/login?destination=comment/reply/24044%23comment-form
[13] https://clik.dva.gov.au/user/login?destination=comment/reply/24014%23comment-form
[14] https://clik.dva.gov.au/user/login?destination=comment/reply/24003%23comment-form
[15] https://clik.dva.gov.au/user/login?destination=comment/reply/23983%23comment-form
[16] https://clik.dva.gov.au/user/login?destination=comment/reply/24052%23comment-form
[17] https://clik.dva.gov.au/user/login?destination=comment/reply/23986%23comment-form
[18] https://clik.dva.gov.au/user/login?destination=comment/reply/24037%23comment-form
[19] https://clik.dva.gov.au/user/login?destination=comment/reply/24040%23comment-form
[20] https://clik.dva.gov.au/user/login?destination=comment/reply/24055%23comment-form
[21] https://clik.dva.gov.au/user/login?destination=comment/reply/24050%23comment-form
[22] https://clik.dva.gov.au/user/login?destination=comment/reply/24018%23comment-form
[23] https://clik.dva.gov.au/user/login?destination=comment/reply/24010%23comment-form
[24] https://clik.dva.gov.au/user/login?destination=comment/reply/24059%23comment-form
[25] https://clik.dva.gov.au/user/login?destination=comment/reply/24049%23comment-form
[26] https://clik.dva.gov.au/compensation-and-support-reference-library/intent-paper-2013/income-support-veterans-entitlements-act-1986-vea/bereavement-payment
[27] https://clik.dva.gov.au/user/login?destination=comment/reply/24012%23comment-form
[28] https://clik.dva.gov.au/user/login?destination=comment/reply/24015%23comment-form