DFISA ceased from 1 January 2022. The information in this chapter is for historical reference only.
DFISA ceased 1 January 2022. This is for historical reference only.
The Defence Force Income Support Allowance (DFISA), DFISA-like payment and the DFISA bonus were payments made under Part VIIAB [3] VEA. As such they were recoverable under section 205 [4] VEA.
The social security income support payments that may have attracted DFISA are:
8.7.1.3 — Income support payments paid under a Commonwealth authority other than social security law that attracted DFISA-like payments were:
8.7.1.4 — All of the above primary payments are administered by Centrelink on behalf of other Commonwealth Government Departments. Both Centrelink and DVA administer age pension on behalf of Family and Community Services.
DFISA ceased 1 January 2022. This is for historical reference only.
8.7.2.1 — DFISA was the result of a calculation only. There was no claim process for DFISA and it was payable depending on the individual's circumstances.
8.7.2.2 — DFISA was the difference between:
8.7.2.3 — The agency responsible for administering the primary payment was the agency responsible for calculating the rate of DFISA. Therefore, DVA calculated the DFISA rate for age pensioners administered by DVA. Centrelink calculated the rate of DFISA for all others.
DFISA ceased 1 January 2022. This information is for historical reference only.
8.7.3.1 — DFISA was legislated and paid under the Veterans' Entitlements Act (VEA) 1986.
8.7.3.2 — DFISA was always paid by the Department of Veterans' Affairs.
The recovery of DFISA overpayments were no different to any other payment made under the VEA.
Overpayments arising from other VEA payments or from social security payments may have been recovered from DFISA. There is one exception to this arrangement.
DFISA ceased 1 January 2022. This is for historical reference only.
8.7.4.1 — Adjusted disability pension (adjusted DP) is included as income in assessing social security payment. Therefore, the payment of arrears of adjusted DP may lead to both a social security income support overpayment and to arrears of DFISA. This may affect both the person and their partner. Where the partner has an overpayment, that overpayment is, to the extent possible, to be recovered from the veteran's adjusted DP arrears, and not from any DFISA arrears payable to the partner.
DFISA ceased 1 January 2022. This is for historical reference only.
8.7.5.1 — The legislative requirement to recover the partner's social security income support overpayment from the veteran's adjusted DP arrears, even where the partner had DFISA arrears, is contained in section 27A [9] VEA. The partner's overpayment must firstly be recovered from the veteran's DP arrears. If the veteran's DP arrears were insufficient to cover both the veteran's and the partner's overpayments then an overpayment recovery action was raised and the overpayment could be recovered from the DFISA arrears.
DFISA ceased 1 January 2022. This is for historical reference only.
8.7.6.1 — The following example illustrates how and from whom overpayments are recovered where the social security payment of a veteran and a spouse had been overpaid because of adjusted DP arrears and where DFISA was payable to both.
| Veteran | Partner |
Scenario | $10,000 DP arrears $2,000 Age pension overpayment $2,000 DFISA arrears |
$2,000 Age pension overpayment $2,000 DFISA arrears |
Calculation | The amount to be released to the veteran was calculated as follows:
| The partner's overpayment was recovered from veteran's DP arrears. Amount released to partner = partner's DFISA arrears ($2,000) |
DFISA ceased 1 January 2022.
8.7.7.1 — If a person has made a false statement or misrepresentation under the Social Security Act 1991 (SSA) in order to receive a DFISA benefit under the VEA, then prosecution may ensue.
8.7.7.2 — If a misrepresentation has been made, either to Centrelink or to DVA, staff should report the fraudulent activity either to their supervisor, or to the Director of the National Fraud Control Unit, in line with the Chief Executive Instruction (CEI) 8.1. Line managers are also required to report fraud investigations to their local State Case Management Committee.
8.7.7.3 — In the case where the misrepresentation has been made to Centrelink, (even though the benefit has been paid by DVA), Centrelink should be informed pursuant to Guideline 4, paragraph 13 of the Commonwealth Fraud Control Guidelines. Centrelink, after being informed, will conduct its own investigation and, if appropriate, may prosecute. Similarly, if the misrepresentation has been made to DVA, DVA will initiate its own enquiry. In either case, since DVA has made the DFISA payment, it will use its own recovery methods pursuant to section 205 [9] of the VEA, to recover any overpayment.
8.7.7.4 — As this advice is generalised, it is recommended that all cases where these issues arise should be referred to the Legal Services Group for advice on a case by case basis.
Links
[1] https://clik.dva.gov.au/user/login?destination=comment/reply/24102%23comment-form
[2] https://clik.dva.gov.au/user/login?destination=comment/reply/24175%23comment-form
[3] clik://LEGIS/VEA/Part VIIAB
[4] clik://LEGIS/VEA/section 205
[5] https://clik.dva.gov.au/user/login?destination=comment/reply/24208%23comment-form
[6] https://clik.dva.gov.au/user/login?destination=comment/reply/24407%23comment-form
[7] https://clik.dva.gov.au/user/login?destination=comment/reply/24092%23comment-form
[8] https://clik.dva.gov.au/user/login?destination=comment/reply/24329%23comment-form
[9] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[10] https://clik.dva.gov.au/user/login?destination=comment/reply/24395%23comment-form
[11] https://clik.dva.gov.au/user/login?destination=comment/reply/24317%23comment-form