What is a Veteran Payment?
Veteran Payment is a means tested income support payment that provides interim financial support to current and former members of the ADF who lodge a liability claim for a mental health condition under either the MRCA or DRCA, that is ye tto be determined.
Partners of Veteran Payment recipients may also receive Veteran Payment.
When is it paid?
Veteran Payment is paid fortnightly, based on daily entitlements. The rate of Veteran Payment is adjusted twice-yearly, in March and September, in line with movements of the maximum basic rate of service pension.
Factors that affect the rate of Veteran Payment
There are a number of factors that determine the rate of Veteran Payment, such as:
marital status,
income, and
VEA Section 45SB (1) and (2)
All current and former members of the ADF are eligible for Veteran Payment when they meet all of the following eligibility requirements:
they have lodged a liability claim under either the DRCA or MRCA for a mental health condition, and that claim is undetermined
they are unable to undertake remunerative work for more than eight hours per week
they are below the Age Pension age on the day that the liability claim is made
they meet residency requirements, being a resident of Australia and who was present in Australia at the time of lodging the liability claim for a mental health condition
they are below the income and asset test thresholds.
Example: Sam has made a liability claim for anxiety under the DRCA. Whilst Sam is now over Age Pension age, she was under the Age Pension age when the claim was made. She is therefore eligible for Veteran Payment.
For further information on eligibility requirements for partners please the section on Partners.
For further information on the Age Pension age including the current Age-Pension age (for non-veterans) please see CLIK Chapter 3.4.1 Age Requirements [4].
All conditions listed in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5 [5]) are considered a mental health condition. A diagnosis is not required in order to determine eligibility for Veteran Payment. All that is required is that the claimed condition is one that could be diagnosed under DSM-5.
If a person’s personal or financial circumstances change, they may lose their entitlement to Veteran Payment.
A person may lose eligibility for Veteran payment due to:
a change in their ability to work,
separation from their partner, or
determination of their liability claim.
If found to be again eligible for Veteran Payment, their payments will be resumed.
A person who is eligible for Veteran Payment may be payable at nil rate, or may be reduced to nil rate, due to the level of their income and/or assets.
For further information please see Payment [6].
A member or former member can indicate their interest in receiving Veteran Payment by completing a liability claim for Rehabilitation and Compensation either online (via My Service or other online channels) or by paper. Claim forms have been updated as of 1 May 2018.
When claiming online, clients will be asked if they wish to receive the Veteran Payment and provide their and their partners’ income and asset details.
Note: Changes to the My Service and oother online claiming systems will be made in the second half of 2018.
When using a paper form, clients are asked to indicate that they wish to receive the Veteran Payment. The paper form then directs the client to complete Form D9333 [7] Veteran Payment Details which collects necessary information regarding income, assets, partner and tax file numbers.
Old copies of paper based forms do not contain a veteran payment section. Liability claims for mental health conditions lodged on old versions of paper forms will need to be referred to Income Support for follow up where the claimant may be entitled to veteran payment.
Clients with an outstanding claim for liability for a mental health condition as at 1 May 2018 who may be entitled to Veteran Payment have been contacted by email to advise of the Veteran Payment and how to access it.
If a person’s circumstances change after lodging a liability claim for a mental health condition, they can advise the Department that they would like to receive a Veteran Payment.
A person may be referred to income support for assessment of eligibility for Veteran Payment at any stage during the investigation of a liability claim, this may be due to a delegate receiving further information on the client’s situation.
Veterans’ Entitlements (Veteran Payment) Instrument 2018 [8]
The Commission must determine whether a person is eligible for Veteran Payment. If that person is eligible then the Commission must calculate the rate of Veteran Payment using Schedule 6 of the VEA. The Commission must make a written record of this determination and make a statement in writing that provides the reasons for this determination.
As soon as practical following this determination, the Commission must provide to the person that the determination relates: a copy of record of the determination; a copy of the reasons for the determination and the particulars of the right of the person to have the determination reviewed by the Commission.
Veteran Payment may be payable to partners who are either:
legally married to and living with a current or former member of the ADF, or
living in a de facto relationship with a current or former member of the ADF
and the current or former member of the ADF is receiving the Veteran Payment.
For further information on the definition of partner please see: CLIK Chapter 9.3.1 Overview of Relationship Status [10]
To be eligible for Veteran Payment, the partner must also meet residency requirements, that is that they are a resident of Australia and are present in Australia at the time their partner lodged a liability claim for a mental health condition.
There are no age requirements for the partner.
In some instances, a partner may also be a veteran and have primary eligibility for the Veteran Payment, as well as partner eligibility. However, only one instance of Veteran Payment can be made to a person for any particular period of time.
For further information see: Payment [11].
Example:
Alex and Mary are partners who are both former members of the ADF, and both Alex and Mary have made a claim for a mental health condition under DRCA or MRCA.
Both Alex and Mary are eligible for a veteran payment as a current or former member of the ADF and as a partner. DVA will register both Alex and Mary as a primary person. As they are a couple, they will both be paid the partnered rate.
If Alex’s payment ceased before Mary’s claim was determined, then Alex would be able to receive veteran payment as Mary’s partner, unless Alex has transitioned to incapacity payments.
If the current or former member of the ADF and their partner separate during the time they are receiving Veteran Payment, the partner will no longer be eligible for Veteran Payment. The partner’s Veteran Payment will be cancelled from the date of separation or the day after the notification period, depending when the separation was notified.
The current or former member of the ADF will receive their payment at the higher single rate from the later of the date of separation and the date the separation is notified.
For further information please see CLIK Chapter 9.3.1 Overview of Relationship Status [10].
For further information please see Chapter 11.1.4 Determining Effective Dates for Variations and Terminations. [12]
Whilst a member or former member of the ADF and their partner may be eligible for Veteran Payment, this payment may not be payable to them.
A member or former member and their partner will need to supply their income and assets details to DVA so their rate of payment can be determined.
VEA - Section 45SB VEA, Veterans’ Entitlements (Veteran Payment) Instrument 2018 (6)
The current or former member of the ADF (and their partner) will be eligible for Veteran Payment for up to two weeks before the date of lodgement of the liability claim for a mental health condition. The first payment will be made once eligibility for the Veteran Payment is determined. Payments may continue until six weeks (42 days) following the determination of the liability claim unless thepayment has been suspended or cancelled.
Although a person may be eligible for Veteran Payment, that payment may not be payable to them because:
the payment has not commenced to be payable,
the person is in gaol,
the person is receiving another payment (see: Restrictions on dual payments [13]),
the rate of payment is nil,
the payment is cancelled or suspended, or
the person has not provided their or their partner’s tax file number. This does not apply where an exemption or the requirement to provide the tax file number is waived by the Secretary.
Veteran Payment is not payable if the rate of payment would be nil.
If a person is receiving Veteran Payment for a period (whether as a current or former member of the ADF or their partner), they are unable to receive another Veteran Payment for the same period. This is the case even if the person is eligible for the Veteran Payment both as a primary person and as the partner of another primary person.
It should not be possible for two instances of Veteran Payment to be made to the same person for any period. However, this may occur through errors in systems or records.
If two instances of Veteran Payment are paid to the same person for the same period, this will result in an overpayment. One instance of Veteran Payment should be cancelled immediately this issue is detected, and the overpayment should be recovered in accordance with the Overpayment Management Manual.
Section 45SB VEA (7), (8) and (9).
A Veteran Payment is not payable to a person if they are receiving certain types of compensation under the MRCA, DRCA or the VEA.
This includes:
War Widow/Widower’s pension
Incapacity Payments
Special Rate Disability Pension (MRCA)
Veterans’ Children Education Scheme
Military Rehabilitation and Compensation Act Education and Training Scheme
A partner is unable to receive Veteran Payment and compensation as a wholly dependent partner under MRCA at the same time. However, where a person receives compensation as a wholly dependent partner under the MRCA and is eligible for Veteran Payment in their own right (as a primary person, rather than as the partner of a person receiving Veteran Payment) the preclusion does not apply.
A Veteran Payment is not payable to a person if they are receiving a DVA income support payment or a Centrelink or other Government payment, pension or benefit.
This includes (but is not limited to):
Service Pension (Age Service Pension, Invalidity Service Pension and Partner Service Pension)
Income Support Supplement
ABSTUDY
Age pension
Disability Support pension
JobSeeker payment
Carer payment
Parenting payment
Youth allowance
Austudy payment
Special benefit
Special Needs pension
Farm Household Allowance
A Veteran Payment recipient may not receive:
Veterans Supplement
MRCA Supplement, or
DRCA Supplement.
Section 45SB VEA (7), (8) and (9).
Section 128 VEA
A person in receipt of a Veteran Payment is required to provide DVA with their and their partner’s tax file number. If the tax file number is not provided, Veteran Payment is not to be paid, unless the requirement to provide the number is waived by the Secretary, or an exemption applies.
More: Chapter 12.3 Data Matching [14]
Section 55 VEA, Section 55A VEA
While a person is imprisoned or in psychiatric confinement, their payments may be forfeited or suspended if a pension instalment is payable after the day on which the person goes to gaol and before the day the person is released. If a person has a partner or child/ren then the Commission may direct that the payment or part of the payment be paid to:
their partner,
their child, or
someone else approved by the Commission.
Payability will commence from the date of release regardless of the date of the liability claim for a mental health condition. There is no backdating of payability prior to the release date from goal.
For further information see Chapter 11.7 Imprisonment [15].
If a person’s rate of Veteran Payment is reduced to nil due to an increase in their income or assets, their Veteran Payment may re-commence following a reduction in their income or assets as long as they remain eligible for Veteran payment.
For further information, see CLIK 11.1.4 Determining Effective Dates for Variations and Terminations. [12]
Compensation recovery assessment rules apply to Veteran payment where the Veteran Payment recipient is under Age Pension age. Veteran Payment may not be payable if the person or their partner fail to take reasonable action to claim, or obtain the compensation to which they may be entitled.
If a person receives compensation in the form of a lump sum, a compensation affected pension is not payable to the person for the lump sum preclusion period.
For further information please see CLIK Chapter 9.11 Compensation Recovery [16].
For further information see CLIK Chapter 2.2 Proof of Identity [17].
The same compliances and obligations apply to veteran payment as all other income support payments. Additionally the primary recipient of Veteran Payment must advise if they become capable of working more than eight hours per week.
For further information please see CLIK Part 12 Compliances and Obligations [18].
Centrelink clearances are required where current or former members or their partners have declared that he or she is currently receiving a Social Security pension, payment or benefit.
If a Centrelink clearance has been requested fortnightly payments are made and arrears are held pending the receipt of a Centrelink Clearance.
For further information please see: CLIK Chapter 2.2.1 Centrelink Clearances. [19]
To continue to pay Veteran Payment a medical certificate must be provided within four weeks of making the declaration of incapacity for work, stating the current or former member of the ADF is unable to work more than eight hours per week. The certificate may be issued by the member or former member’s GP or specialist.
If a medical certificate is not provided within the four weeks, DVA may suspend Veteran Payment. Once a medical certificate is provided, the payments will resume, with payment provided for the time Veteran Payment was suspended.
If a medical certificate is not provided, Veteran Payment will be cancelled. Payments made up until the date of cancellation will not be recovered unless other recovery provisions apply (Determination of a claim for a mental health condition [20]), or unless evidence exists which indicates that the veteran has made a false statement or misrepresented their ability to work.
For further information please see: Determination of a claim for a mental health condition [20].
Section 45SB VEA, Veterans’ Entitlements (Veteran Payment) Instrument 2018.
If a current or former member of the ADF is capable of participating in rehabilitation, it is a condition of payment of Veteran Payment that they participate in a DVA rehabilitation program, or for current members an ADF rehabilitation program. A letter, or a medical certificate from the member’s doctor stating that they are not capable of participating in a rehabilitation plan is sufficient evidence as a requirement not to participate.
Partners are not required to participate in a rehabilitation program in order to receive Veteran Payment.
In some instances, a partner may also be a veteran and have primary eligibility for the Veteran Payment, in addition to partner eligibility. In that situation, both members of the couple must participate in a rehabilitation program, if capable.
Referral to Rehabilitation
This program will be arranged by a DVA rehabilitation coordinator for former members on determination of Veteran Payment eligibility. This will be via the Early Access to Rehabilitation mechanism.
Current serving members and Reservists’ rehabilitation will be via Defence as their rehabilitation authority.
For further information please see: CLIK Rehabilitation Policy Library Part 3.12 Veteran Payment. [21]
Section 45SB VEA, Veterans’ Entitlements (Veteran Payment) Instrument 2018.
If a current or former members of the ADF (who is capable of participating in the rehabilitation program) chooses not to participate in the rehabilitation program then the Commission has the authority to suspend their and their partner’s payments. Several attempts, over a period of time, must be made to conduct a rehabilitation assessment prior to the suspension of payment. Due to the vulnerability of these persons, suspension of their Veteran Payment should only be used as a last resort. Advice from the rehabilitation delegate will need to be taken into consideration when suspending Veteran Payment for non-compliance.
Suspension of veteran payment is a last resort. The welfare of the veteran must be considered as the main priority.
An inability to contact the client (eg, the client not responding to phone or email requests) is not a sufficient reason to suspend veteran payment. It may be that the veterans’ contact details or circumstances have changed, or the veteran may not be well enough to respond to departmental contact. Cases where a client cannot be contacted should be referred to Eligibility and Payments Policy for advice. Consideration must also be given to conducting a welfare check of the client.
Once the Commission is satisfied that the current or former member of the ADF is participating in the rehabilitation process, their and their partner’s payments will resume. Payments will also be made for the period the Veteran Payment was suspended.
Veteran payment should only be cancelled as a last resort after a period of non-compliance. The delegate must clearly document that they have spoken to or otherwise received confirmation from the veteran that they choose not to participate in a rehabilitation program and therefore no-longer wish to receive veteran payment.
VEA 45SB VEA, Veterans’ Entitlements (Veteran Payment) Instrument 2018 (18)
When resuming Veteran Payment, the payment is able to be backdated so the current or former member of the ADF and their partner are able to receive Veteran Payment for the time the payment was suspended.
Example: Dylan’s Veteran Payment was suspended on 27 June due to failing to provide a medical certificate. Dylan provided a medical certificate on 5 July. Dylan’s Veteran Payment is able to be resumed and backdated to 27 June so that Dylan will receive Veteran Payment for the time it was suspended.
VEA Section 45SB VEA, Section 56 VEA, Section 56A VEA, Section 56E VEA, Section 56EA VEA, Section 56EB VEA, Section 56EC VEA, Section 56J VEA, Section 56K VEA.
Veteran Payment (including Veteran Payments made to a partner) may be cancelled or suspended where a person:
has a change of circumstances, which causes eligibility for the payment to cease, such as increased partner's income or return to work,
requests that their payment can be cancelled,
cannot be contacted and their whereabouts are unknown,
fails to comply with a section 54A [14] or section 54AA [14] VEA notice,
fails to draw their Veteran Payment for a continuous period of 6 months. This would apply if a person has closed a bank account and cannot be contacted to make new arrangements. It is not intended for a situation where a person is accumulating payment instalments in a bank account,
where the Commission is satisfied that the Veteran Payment is being, or has been paid to a person who is not, or was not, payable (e.g. where there is evidence the person has failed to declare significant income or assets), or
fails to take reasonable action to claim a foreign pension to which they may be entitled.
For further information please see: CLIK Chapter 12.1 Recipient Obligations [22].
Following the determination of the claim for a mental health condition.
Section 45SB VEA and section 6 Veterans’ Entitlements (Veteran Payment) Instrument 2018.
Following the determination of a liability claim for a mental health condition, Veteran Payment will continue for a period of 42 days (six weeks) or until other benefits are granted such as incapacity payments or other means of income support. In certain circumstances, the payment may be extended beyond this period. Delegates are required to assist the transition to another form of financial support, such as an income support payment, or return to paid employment through a vocational rehabilitation plan. This is to ensure that Veteran Payment is extended beyond the 42 day period and is not ceased until the transition to another form of income support is complete.
If the claim for a mental health condition has not been accepted, DVA will actively assist to transition the current or former member of the ADF to another form of financial support (such as an income support payment from another Department such as the Department of Human Services or support from the Commonwealth Superannuation Corporation), or to return to work. Veteran payment should not be ceased until the transition has occurred, even if the 42 day period has expired.
Transition to other forms of support or employment should begin as soon as possible after a determinationof the person's last mental health condition claimed. It is DVA’s responsibility to ensure that Veteran Payment continues until the transition to other income support or employment is complete.
Multiple liability claims for a mental health condition(s).
Sub-sections 6(2) & 6(3) of the Veterans’ Entitlements (Veteran Payment) Instrument 2018.
If the current or former member of the ADF has made liability claims for a mental health condition(s), including under more than one Act, Veteran Payment eligibility will continue until 42 days following the date of determination of the last claim to be determined. This also applies if separate claims (whether under the same or different Acts, for different mental health conditions) have been lodged on different dates. Note that Veteran Payment should not be ceased until the veteran is transitionsed to another payment or the veteran returns to paid employment.
Example: Judy has made a claim under the MRCA for PTSD and anxiety on 11 June 2018. She meets the eligibility criteria for Veteran Payment and payment begins on the 14 June 2018. On 8 July 2018, Judy makes a claim under the DRCA for depression. The claim for depression is determined on 5 August, but as the claim for PTSD and anxiety are still outstanding, the 42 day period is not triggered. The claims for PTSD and anxiety are determined on 30 August. As there are no more outstanding claims for mental health conditions, this date is considered to be the date of determination of the last claim, and will trigger the start of the 42 day post-determination payment period.
Section 17 of the instrument provides for extension of veteran payment in special circumstances:
The Commission may extend the period of payment for a veteran payment to a person if the Commission is satisfied that there are special circumstances.
The intent of this provision in the instrument is that no veteran is left vulnerable.
The Veteran Payment can continue to be paid for 42 days following the determination of the final liability claim for a mental health condition. This provision provides for an extension of the payment period in special circumstances. This is to ensure that a current or former ADF member receiving Veteran Payment (Veteran Payment recipient) does not lose their financial support before being transitioned to another payment (such as incapacity payments) or returning to work. Veteran Payment recipients are not expected to initiate the extension process, rather it is DVA’s responsibility to ensure that the payment continues until alternative financial support arrangements are in place.
Special circumstances include but are not limited to:
Where the claim for a mental health condition is accepted:
If incapacity payments are yet to be determined, or there is evidence that the incapacity payments will not be determined, within the 42 day payment period, then Veteran Payment may be extended.
If incapacity payments are determined not to be payable, then Veteran Payment may be extended beyond the 42 day period to enable the Veteran Payment recipient to transition to another Australian Government income support payment.
Where the claim for the mental health condition is not accepted:
If the claim for a mental health condition has been rejected and there are no more outstanding claims for a mental health condition, then Veteran Payment may be extended to ensure the Veteran Payment recipient has continuous financial support while they are transitioning to another Australian Government income support payment or returning to work.
If the Veteran Payment recipient is on a return to work rehabilitation plan, Veteran Payment may be extended while they successfully complete their return to work rehabilitation plan and either return to work or access other forms of financial support.
Veteran Payment may continue throughout the appeal process. This extension can include the period after finalisation of the appeal while the member is transitioned onto another form of financial support.
This is not an exhaustive list of special circumstances. For other circumstances please contact the Eligibility and Payments Policy Branch for assistance.
Once a decision has been made that special circumstances exist, a file note must be made on the veteran’s record detailing the reason for the extension and its duration.
Termination of Special Circumstances.
Where special circumstances no longer exist then the Veteran Payment will cease. This should be on transition to another form of income support or on return to work and should documented and reviewed periodically at least on a quarterly basis.
Note: This policy was approved by the Repatriation Commission on 23 August 2018 Decision CM7409.
If incapacity payments are determined to be payable and the veteran put into regular payment, Veteran Payment is to be cancelled from the first regular incapacity payment.
For further details about restrictions on dual payments, please see: Payment [13].
Any amount of Veteran Payment paid to a current or former member of the ADF for the same period as incapacity payments are received will be recovered from the incapacity payment arears amount only.
If the current or former member has outstanding debts to the Department, then the existing debts are recovered from incapacity payment arrears before any Veteran Payment amount.
If: | Then: |
---|---|
A person was receiving Veteran Payment and their claim(s) for a mental health condition were rejected. | Veteran Payment is not recovered. |
A person was receiving Veteran Payment before their claim for incapacity payments was accepted and no debts exist. | Veteran Payment will be recovered for any overlapping period in which incapacity payment is paid, and Veteran Payment has been paid. The recovery amount will not exceed the amount of incapacity payment arrears. |
A person was receiving Veteran Payment before their claim for incapacity payments was accepted and put into paymentand the person has outstanding debts. | The outstanding debts will be recovered first. Remaining incapacity payment arrears will be used to recover Veteran Payment for any overlapping period in which incapacity payment is paid, and Veteran Payment has been paid (this may lead to Veteran Payment only being partially recovered or not at all). The maximum amount of Veteran Payment to be recovered is the remaining amount of incapacity payment arrears available after all other debts have been recovered. |
A person was receiving Veteran Payment and does not progress to incapacity payments. For example:
| Veteran Payment is not recovered. |
A partner of a current or former member of the ADF was receiving Veteran Payment. | Veteran Payment paid to the partner is not recovered. |
Date of effect for cancellation of Veteran Payment
VEA 45SB (7)
Following determination to grant incapacity payments, the date of effect for the cancellation of Veteran Payment will be the day after the action is taken to grant and put the veteran into regular incapacity payment. This will ensure that no additional recovery action is required.
Example: Adam and his partner Georgia have been receiving Veteran Payment since 4 May and Adam’s claim for liability for a mental health condition was accepted by DVA on 25 May. Medical evidence meant that Adam’s incapacity payments were backdated to 10 May.
Action is taken to cancel Adam’s and Georgia’s Veteran Payment on 7 June, with the cancellation taking effect one day later on 8 June. The recoverable amount from incapacity arrears is only Adam’s Veteran Payment from 10 May to 7 June. The remainder of the Veteran Payment, being the amount paid from 4 May (commencement of Veteran Payment) to 9 May (day prior to commencement of incapacity eligibility,) is not recovered.
| 4 May | 9 May | 10 May | 25 May | 7 June | 8 June |
Veteran payment | y | y | y | y | y |
|
Incapacity Payments |
|
| y | y | y | y |
Recoverable Period |
|
| y | y | y |
|
There is no recovery of any amount of Veteran Payment made to the partner from the current or former member’s incapacity payments.
This also applies where both members of a couple are current or former members of the ADF with outstanding liability claims for mental health conditions. In this situation, both members of the couple are eligible for the Veteran Payment in their own right. Incapacity payments made in respect of one individual’s claims will not be used to recover Veteran Payments made to the other member of the couple.
The date of cancellation of a partner’s payment must be the same as the primary person’s date of cancellation.
Example: Action was taken to cancel Adam’s Veteran Payment on 7 June, taking effect of 8 June. As Georgia was receiving Veteran Payment as Adam’s partner, her payment was also cancelled on 7 June (effective 8 June) as she was no longer eligible (partners are required to be the partner of someone receiving Veteran Payment). Georgia’s payments are not a debt and will not be recovered.
For further information please see CLIK Chapter 8.1.2 Notification of a Death [23].
Note: Veteran Payment does not include bereavement payment. Instead, following the death of a current or former member of the ADF, where both the current or former member of the ADF and their partner were receiving Veteran Payment, the partner will continue to receive Veteran Payment for a period of 42 days (six weeks) from the date of death.
VEA Veterans’ Entitlements (Veteran Payment) Instrument 2018 (11)
If a person was receiving Veteran Payment prior to their death, the payment will cease on their date of death.
This applies to both the current or former member of the ADF and their partner.
Veterans’ Entitlements (Veteran Payment) Instrument 2018 (15)
Following the death of the current or former member of the ADF, where both the current or former member of the ADF member and their partner were receiving Veteran Payment, the partner will continue to receive Veteran Payment for a period of 42 days (six weeks). This period will begin on the date of death and payment will be reassessed at the singles rate.
Veterans’ Entitlements (Veteran Payment) Instrument 2018 (15)
Following the death of their partner (who either was or was not receiving Veteran Payment), the current or former member of the ADF will continue to receive Veterans Payment until 42 days (six weeks) following the determination of their final claim for a mental health issue. In certain circumstances, payment may be extended beyond this period.
For further information please see: Cancellation, Suspension [24]
From their partner’s date of death, the current or former member of the ADF will receive Veteran Payment at the singles rate.
If the payments of the current or former member of the ADF (and their partner) were suspended at the time of the death of the current or former member, the partner’s Veteran Payment will resume from the date of death and continue for 42 days (six weeks). Payments will also be made for the time the Veteran Payment was suspended.
If a current or former member of the ADF has died and Veteran Payment should have been paid to that person and their partner during a period of loss of eligibility or loss of payability, then restorative action would include the calculation and payment of 42 days of Veteran Payment following the date of death of the current or former member of the ADF.
Veterans’ Entitlements (Veteran Payment) Instrument 2018 (11) (2)
If the current or former member of the ADF has made a claim for a mental health condition under the DRCA or MRCA and their eligibility for Veteran Payment has not been determined prior to their death, this does not affect the obligation of the Commission to determine their eligibility for Veteran Payment. Their eligibility should be investigated as far as possible under the circumstances and a decision made in accordance with normal procedures. The following sections deal with notification and payment provisions in these circumstances.
Who to notify on the determination of eligibility
If the current or former member of the ADF had provided their (and if applicable, their partners) details, to determine if they were eligible for Veteran Payment prior to their death, the following applies.
Member of a couple
Upon the death of the current or former member of the ADF, the partner (who would have also been eligible for Veteran Payment) should be informed of the determination of eligibility.
Veteran who is not a member of a couple (or member of a couple, partner not eligible for Veteran Payment)
Upon the death of the current or former member of the ADF, a copy of the will should be obtained in order to:
establish who is the legal personal representative, or
in specific circumstances, have a person approved by the Commission as the authorised representative of the current or former member of the ADF. These circumstances include where no legal personal representative exists, or the legal personal representative is not actively pursuing the claimant’s entitlements.
The executor of the claimant’s estate may be regarded as their legal personal representative, as they are empowered to finalise all matters following the person’s death. A personal legal representative may also be separately identified in the will.
Payment of Veteran Payment if the person accessing Veteran Payment dies before eligibility is determined
If the current or former member of the ADF dies before the Commission determines their eligibility for Veteran Payment, then the following applies:
Single person (or member of a couple, partner not eligible for Veteran Payment)
If the current or former member of the ADF was a single person, then Veteran Payment will be made up to and including the date of death (from two weeks prior to the lodgement of the liability claim for a mental health condition until the date of death) to the person’s legal representative.
This also applies if the current or former member of the ADF was a member of a couple, with the partner not eligible for Veteran Payment. In this case the payment will be made to the partner or legal representative.
Member of a couple – partner eligible for Veteran Payment
If the current or former member of the ADF was a member of a couple, and they were both receiving Veteran Payment, then the partner will receive:
Veteran Payment up to the date of death for the current or former member of the ADF (partnered rate)
the partner’s Veteran Payment up to the date of death (partnered rate)
the partner’s Veteran Payment only following the date of death (at the single rate) for a period of 42 days (6 weeks) following the date of death.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/81981%23comment-form
[2] https://clik.dva.gov.au/user/login?destination=node/82038%23comment-form
[3] https://clik.dva.gov.au/user/login?destination=node/82040%23comment-form
[4] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/34-age/341-age-requirements
[5] https://dsm.psychiatryonline.org/doi/book/10.1176/appi.books.9780890425596
[6] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3a-veteran-payment/payment
[7] https://www.dva.gov.au/sites/default/files/dvaforms/D9333.pdf
[8] https://www.legislation.gov.au/Details/F2018L00477
[9] https://clik.dva.gov.au/user/login?destination=node/82045%23comment-form
[10] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/93-relationship-status/931-overview-relationship-status
[11] https://clik.dva.gov.au/#_Payment
[12] https://clik.dva.gov.au/compensation-and-support-policy-library/part-11-administration-payments/111-income-support-effective-dates-and-pension-periods/1114-determining-effective-dates-variations-and-terminations
[13] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3a-veteran-payment/payment/restrictions-dual-payments
[14] https://clik.dva.gov.au/#_Glossary
[15] https://clik.dva.gov.au/compensation-and-support-policy-library/part-11-administration-payments/117-imprisonment
[16] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/911-compensation-recovery
[17] https://clik.dva.gov.au/compensation-and-support-policy-library/part-2-applying-pension/22-proof-identity
[18] https://clik.dva.gov.au/compensation-and-support-policy-library/part-12-compliance-and-obligations
[19] https://clik.dva.gov.au/compensation-and-support-policy-library/part-2-applying-pension/21-claims/214-assessment-claim/centrelink-clearance
[20] https://clik.dva.gov.au/#_Determination_of_claim
[21] https://clik.dva.gov.au/rehabilitation-policy-library/3-rehabilitation-process/312-veterans-payment
[22] https://clik.dva.gov.au/compensation-and-support-policy-library/part-12-compliance-and-obligations/121-recipient-obligations
[23] https://clik.dva.gov.au/compensation-and-support-procedure-library/part-8-bereavement-assistance/81-income-support-bereavement-payment/812-administration-bereavement-payment/notification-death
[24] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3a-veteran-payment/cancellation-and-suspension