Section 118V — Veterans' Entitlements Act 1986: Eligibility for seniors health card
Text of the provision Official document
(1) Subject to subsection (4) and sections 118XA and 118XB, a person is eligible for a seniors health card if the person: (a) is a veteran; and (b) has rendered qualifying service; and (c) has reached pension age; and (d) is an Australian resident; and (f) is not receiving a service pension; and (fa) is not receiving a veteran payment; and (g) is not receiving a social security pension or benefit; and (h) satisfies the seniors health card income test. Note 1: For qualifying service see section 7A. Note 2: For Australian resident see section 5G. Note 3: For seniors health card income test see section 118ZZA. Note 4: For pension age see section 5QA. (1A) Subject to subsection (4) and sections 118XA and 118XB, a person is eligible for a seniors health card if the person: (a) is a war widow or a war widower; and (b) has reached qualifying age; and (c) is an Australian resident; and (e) is not receiving income support supplement; and (f) satisfies the seniors health card income test; and (g) is not eligible for a seniors health card under subsection (1). Note 1: For Australian resident see section 5G. Note 2: For seniors health card income test see section 118ZZA. Note 3: For war widow and war widower see subsection 5E(1). Note 4: For qualifying age see section 5Q. Partner of person eligible for card under subsection (1) (2) Subject to subsection (4) and sections 118XA and 118XB, a person is eligible for a seniors health card if: (a) the person is a member of a couple; and (b) the person’s partner is eligible for a seniors health card under subsection (1); and (c) the person has reached: (i) if the person is not a veteran—pension age; or (ii) if the person is a veteran—the age that would be the pension age for that person if he or she were not a veteran; and (d) the person is an Australian resident; and (f) the person is not receiving a service pension; and (fa) the person is not receiving a veteran payment; and (g) the person is not receiving a social security pension or benefit; and (h) the person satisfies the seniors health card income test; and (i) the person is not eligible for a seniors health card under subsection (1) or (1A). Note 1: For member of couple and partner see section 5E. Note 3: For Australian resident see section 5G. Note 4: For seniors health card income test see section 118ZZA. Note 5: For pension age see section 5QB. (3) Subject to subsection (4) and sections 118XA and 118XB, a person is eligible for a seniors health card if: (a) the person is: (i) the non-illness separated spouse of a person who is receiving an age or invalidity service pension; or (ii) the non-illness separated spouse of a person who is eligible for a seniors health card under subsection (1); or (iii) a widow or widower of a veteran; and (b) the person is eligible for a partner service pension; and (c) the person has reached: (i) if the person is not a veteran—pension age; or (ii) if the person is a veteran—the age that would be the pension age for that person if he or she were not a veteran; and (d) the person is an Australian resident; and (f) the person is not receiving a service pension; and (fa) the person is not receiving a veteran payment; and (g) the person is not receiving a social security pension or benefit; and (h) the person satisfies the seniors health card income test; and (i) the person is not eligible for a seniors health card under subsection (1) or (1A). Note 1: For non-illness separated spouse, widow and widower see subsection 5E(1). Note 2: For veteran see subsection 5C(1). Note 3: For pension age see section 5QB. Note 4: For Australian resident see section 5G. Note 5: For seniors health card income test see section 118ZZA. (4) A person is not eligible for a seniors health card at a particular test time if: (a) the person has failed to comply with section 118ZJA in respect of the reference tax year; or (b) where the person has made an estimate of taxable income for the reference tax year and the estimate was accepted—the person did not give the Commission a copy of a notice of assessment of the person’s taxable income for that tax year within 12 months after the end of that tax year. Note: If a person is eligible for a seniors health card, the Commission must not determine that the person is entitled to the card if the person fails to comply with a request in subsection 128A(3) or (3A) (about provision of tax file numbers). (5) In subsection (4): taxable income, test time and reference tax year have the same meanings as in the Seniors Health Card Income Test Calculator.
Official source: Federal Register of Legislation
Search case law on this topic
See judgments from Australian courts and tribunals with a plain-English summary and legal holding.
Explore case law →