Veterans' Entitlements Act 1986
Sections and provisions with full text and the judgments that cite each one.
Section 27B — Certain decisions under section 27A reviewable under the Social Security Act
(1) This section applies if: (a) a decision is made under section 27A in relation to the amount of arrears of pension to be paid to a veteran; and (b) subparagraph 27A(1)(c)(i) applies in relation to…
Section 28 — Capacity to undertake remunerative work
In determining, for the purposes of paragraph 23(1)(b) or 24(1)(b), whether a veteran who is incapacitated from war-caused injury or war-caused disease, or both, is incapable of undertaking…
Section 29 — Approved Guide to the Assessment of Rates of Veterans’ Pensions
(1) The Commission may, in writing, determine a guide setting out: (a) criteria by reference to which the extent of the incapacity of a veteran resulting from war-caused injury or war-caused disease,…
Section 30 — Transitional rates of service pension and income support supplement on and after 20 September 2009
Application (1) This clause applies if: (a) on 19 September 2009 a person was receiving one of the following payments: (i) service pension or income support supplement; (ii) age pension, disability…
Section 30A — This Division does not apply to certain payments
This Division does not apply to: (a) a periodic payment or a lump sum payment referred to in paragraph 26(1)(b) or (2)(b) or subsection 30(3), whether the payment was made before or is made after the…
Section 30B — Interpretation
(1) In this Division, unless the contrary intention appears: compensation includes: (a) any payment in the nature of compensation; and (b) any damages recoverable at law from the Commonwealth, a…
Section 30C — Lump sum compensation payment
(1) If: (a) a lump sum payment of compensation is made to a person who is a veteran or a dependant of the veteran; and (b) the compensation payment is paid in respect of the incapacity of the veteran…
Section 30D — Periodic payment of compensation
(1) If: (a) periodic payments of compensation are made to a person who is a veteran or a dependant of the veteran; and (b) the compensation payments are made in respect of the incapacity of the…
Section 30E — Proceedings against third party
If: (a) a pension is payable or has been paid under this Part in respect of: (i) the incapacity of a veteran from a war-caused injury or disease; or (ii) the death of a veteran; and (b) a person…
Section 30F — Failure to comply with Commission’s request made under section 30E
(1) If, within a reasonable time after a notice under section 30E is given to a veteran or a dependant of a veteran, the veteran or dependant: (a) refuses or fails to institute proceedings; or (b)…
Section 30G — Payment of damages by third party to Commonwealth
(1) Subject to subsection (2), if: (a) a pension is payable or has been paid under this Part in respect of: (i) the incapacity of a veteran from a war-caused injury or disease; or (ii) the death of…
Section 30H — Payment of damages by third party where agreement, or an award against the person, to pay damages has been made
(1) Subject to subsection (4), if: (a) pension is payable or has been paid under this Part in respect of: (i) the incapacity of a veteran from a war-caused injury or disease; or (ii) the death of a…
Section 30I — Debt due to the Commonwealth
If a person fails to pay an amount to the Commonwealth under a notice under section 30G or 30H, the Commonwealth may recover the amount from the person as a debt due to the Commonwealth by action in…
Section 30J — Discharge of liability
The payment of an amount to the Commonwealth under a notice under section 30G or 30H is, to the extent of the amount paid, a discharge of the liability of that person to the veteran or the dependant.
Section 30K — Discharge of liability of Commonwealth to pay damages
If: (a) pension is payable, or has been paid, under this Part in respect of: (i) the incapacity of a veteran from a war-caused injury or disease; or (ii) the death of a veteran; and (b) damages have…
Section 30L — Other payments of compensation
If: (a) any pension has been paid under this Part in respect of: (i) the incapacity of the veteran from war-caused injury or disease; or (ii) the death of the veteran; and (b) any compensation is…
Section 30M — Commission may require a statutory declaration
The Commission may, by notice in writing to a claimant or recipient of a pension under this Part, require the person to give the Commission, within a reasonable period specified in the notice, a…
Section 30N — Failure to comply with statutory declaration requirement
(1) If a person refuses or fails to comply with a notice given under section 30M, the person’s right: (a) to pension under this Part in respect of the incapacity or death to which the notice relates;…
Section 30P — Overpayments of pension
(1) If: (a) an amount of pension is payable or has been paid under this Part in respect of: (i) the incapacity of the veteran from a war-caused injury or disease; or (ii) the death of the veteran;…
Section 31 — Amounts affecting transitional rate of service pension
Single Australian resident in Australia (1) For the purposes of subparagraph 30(4)(a)(i), work out the amount as follows if, on the relevant day: (a) the person’s family situation is any of the…
Section 32 — Commission may take evidence
(1) Subject to subsection (2), the Commission may, for the purposes of its consideration of a claim submitted to it in accordance with subsection 17(2) or of its reconsideration under section 31 of a…
Section 33 — Rate of payments to partners of persons affected by clause 30
(1) This clause applies if clause 30 applies to a person who is a member of a couple and that clause affects the rate at which service pension or income support supplement is payable to the person.…
Section 34 — Payment and income tax consequences of receiving service pension or income support supplement at rate affected by clause 30
Application (1) This clause applies if clause 30 affects the rate at which service pension or income support supplement is payable to a person. Purpose (2) The purpose of this clause is to ensure…
Section 35 — Special rules for indexation of rates payable under clause 30
(1) This clause applies if clause 30 affects the rate at which service pension is payable to a person for a day on or after 20 March 2013. (2) Subsection 198MA(2), and the definition of brought…
Section 35A — Eligibility for and payability of service pension
Before a person can be paid a service pension under this Part: (a) the person must be eligible for the pension; and (b) there must be nothing in this Act that makes the pension not payable to the…
Section 35BA — Commission determination without the need for a claim
(1) The Commission may make a written determination that a specified veteran has rendered qualifying service if the Commission is satisfied that the veteran has rendered such service. Note 1: A claim…
Section 35B — Pathways to establishing qualifying service
(1) To establish that a veteran has rendered qualifying service: (a) a proper claim must be made for a determination that the veteran has rendered such service; or (b) there must be a determination…
Section 35FB — Oral withdrawal of a claim
An oral withdrawal of a claim must be made to a person in an office of the Department in Australia.
Section 35C — Who can claim?
(1) Subject to subsection (2), a claim for a qualifying service determination must be made by: (a) the veteran who wants to establish that he or she has rendered qualifying service; or (b) with the…
Section 35FC — Acknowledgment of oral withdrawal of a claim
As soon as practicable after receiving an oral withdrawal of a claim, the Secretary must give the claimant an acknowledgment notice in writing stating that: (a) an oral withdrawal of the claim was…
Section 35D — Making a claim
(1) To be a proper claim, the claim must be: (a) made in writing; and (b) in accordance with a form approved by the Commission; and (c) accompanied by any evidence available to the claimant that the…
Section 35FD — Reactivating the withdrawn claim
If, within 28 days from the day on which the Secretary gave the acknowledgment notice, a claimant, or a person on behalf of a claimant, requests the Secretary to treat the oral withdrawal of the…
Section 35F — Claim may be withdrawn
(1) A claimant for qualifying service or a person on behalf of a claimant may withdraw a claim that has not been determined. (2) A claim that is withdrawn is taken to have not been made. (3) A…
Section 35G — Secretary to investigate claim and submit it to Commission
(1) If a veteran makes a proper claim for a determination that he or she has rendered qualifying service, the Secretary must cause an investigation to be made into the matters to which the claim…
Section 35H — Duties of Commission in relation to claim
Determination of claim (1) When the claim is submitted to the Commission, the Commission must consider all matters that are, in the Commission’s opinion, relevant to the claim and must then determine…
Section 35J — Determination of qualifying service to be proof of qualifying service
A determination by the Commission under section 35H that a veteran has rendered qualifying service is proof, for all purposes of this Act, that the veteran has rendered qualifying service. Note: This…
Section 36 — Eligibility for age service pension
(1) Subject to subsection (4), a person is eligible for an age service pension if the person: (a) is a veteran; and (b) has rendered qualifying service; and (c) has reached pension age. Note 1A: For…
Section 36A — Age service pension may not be payable in some circumstances
(1) Even though a veteran is eligible for an age service pension, the pension may not be payable to the veteran because: (a) the pension has not commenced to be payable (see section 36B); or (b) the…
Section 36CA — Exclusion of certain participants in ABSTUDY Scheme
If: (a) a payment is made in respect of a person under the ABSTUDY Scheme; and (b) the payment is made on the basis that the person is a full-time student; and (c) in the calculation of the payment,…
Section 36B — Age service pension generally not payable before claim
Provisional commencement day (1) An age service pension is not payable to a veteran before the veteran’s provisional commencement day. (1A) Subject to subsection (2), a veteran’s provisional…
Section 36JB — Oral withdrawal of a claim
An oral withdrawal of a claim must be made to a person in an office of the Department in Australia.
Section 36C — Restrictions on dual pensions
An age service pension is not payable to a veteran if the veteran is receiving: (a) another service pension; or (aa) a veteran payment; or (b) a social security pension; or (c) a social security…
Section 36JC — Acknowledgment of oral withdrawal of a claim
As soon as practicable after receiving an oral withdrawal of a claim, the Secretary must give the claimant an acknowledgment notice in writing stating that: (a) an oral withdrawal of the claim was…
Section 36D — Need for a claim
A veteran who wants to be granted an age service pension must make a proper claim for that pension.
Section 36JD — Reactivating the withdrawn claim
If, within 28 days from the day on which the Secretary gave the acknowledgment notice, a claimant, or a person on behalf of a claimant, requests the Secretary to treat the oral withdrawal of the…
Section 36E — Who can claim?
(1) Subject to subsection (2), the claim must be made by: (a) the veteran who wants to be granted the age service pension; or (b) with the approval of the veteran—another person on the veteran’s…
Section 36JE — Secretary may require claimant or claimant’s partner to take action to obtain a comparable foreign pension
(1) If: (a) a person has claimed an age service pension; and (b) the Secretary is satisfied that the claimant may be entitled to a comparable foreign pension if the claimant applied for that pension;…
Section 36F — Making a claim
(1) To be a proper claim, the claim must be: (a) made in writing; and (b) in accordance with a form approved by the Commission; and (c) accompanied by any evidence available to the claimant that the…
Section 36H — Claimant must be Australian resident and in Australia
(1) Subject to subsection (2), a claim is not a proper claim unless the veteran making the claim, or on whose behalf the claim is being made, is: (a) an Australian resident; and (b) in Australia; on…
Section 36J — Claim may be withdrawn
(1) A claimant for age service pension or a person on behalf of a claimant may withdraw a claim that has not been determined. (2) A claim that is withdrawn is taken to have not been made. (3) A…