Veterans' Entitlements Act 1986
Sections and provisions with full text and the judgments that cite each one.
Section 36K — Secretary to investigate claim and submit it to Commission
(1) If a person makes a proper claim for age service pension, the Secretary must cause an investigation to be made into the matters to which the claim relates. (2) When the investigation is…
Section 36L — Duties of Commission in relation to claim
Determination of claim (1) When the claim is submitted to the Commission, the Commission must: (a) consider the claim; and (b) satisfy itself with respect to all matters relevant to the determination…
Section 36M — Date of effect of determination
If the Commission determines under section 36L that age service pension is payable to the person: (a) the determination takes effect on the day on which the determination is made or on such later or…
Section 36N — How to work out the rate of a veteran’s age service pension
A veteran’s age service pension rate is worked out in accordance with the Rate Calculator. Note 1: Module A of the Rate Calculator establishes the overall rate calculation process and the remaining…
Section 37 — Eligibility for invalidity service pension
(1) Subject to subsection (6), a person is eligible for an invalidity service pension if the person: (a) is a veteran; and (b) has rendered qualifying service; and (c) is permanently incapacitated…
Section 37A — Invalidity service pension may not be payable in some circumstances
(1) Even though a veteran is eligible for an invalidity service pension, the pension may not be payable to the veteran because: (a) the pension has not commenced to be payable (see section 37B); or…
Section 37AA — Commission must determine circumstances in which persons are permanently incapacitated for work
(1) The Commission must, by written determination, specify the circumstances in which persons are permanently incapacitated for work for the purposes of paragraph 37(1)(c). Variation or revocation…
Section 37AAA — Continued eligibility for invalidity service pension if person undertaking a rehabilitation program etc.
If: (a) a person is receiving an invalidity service pension; and (b) the person ceases to be permanently incapacitated for work while, or as a result of, undertaking a rehabilitation program under…
Section 37CA — 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 37B — Invalidity service pension generally not payable before claim
Provisional commencement day (1) An invalidity 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 37JB — 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 37C — Restrictions on dual pensions
An invalidity 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…
Section 37JC — 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 37D — Need for a claim
A veteran who wants to be granted an invalidity service pension must make a proper claim for that pension.
Section 37JD — 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 37E — Who can claim?
(1) A veteran may not claim an invalidity service pension if he or she has reached pension age (within the meaning of subsections 5QB(2), (3), (4) and (5)). (2) Subject to subsection (3), a claim for…
Section 37JE — 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 invalidity 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…
Section 37F — 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 37H — 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 37J — Claim may be withdrawn
(1) A claimant for invalidity 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)…
Section 37K — Secretary to investigate claim and submit it to Commission
(1) If a veteran makes a proper claim for an invalidity service pension, the Secretary must cause an investigation to be made into the matters to which the claim relates. (2) When the investigation…
Section 37L — Duties of Commission in relation to claim
Determination of claim (1) When the claim is submitted to the Commission, the Commission must: (a) consider the claim; and (b) satisfy itself with respect to all matters relevant to the determination…
Section 37M — Date of effect of determination
If the Commission determines under section 37L that invalidity service pension is payable to the person: (a) the determination takes effect on the day on which the determination is made or on such…
Section 37N — How to work out the rate of a veteran’s invalidity service pension
A veteran’s invalidity service pension rate is worked out in accordance with the Rate Calculator. Note 1: Module A of the Rate Calculator establishes the overall rate calculation process and the…
Section 38 — Eligibility for partner service pension
(1) Subject to this section, a person is eligible for a partner service pension if the person: (a) is a person: (i) who is a member of a couple; and (ii) whose partner is a veteran who is receiving…
Section 38A — Partner service pension may not be payable in some circumstances
(1) Even though a person is eligible for a partner service pension, the pension may not be payable to the person because: (a) the pension has not commenced to be payable (see section 38B); or (b) the…
Section 38AA — Disclosure or use of personal information relevant to partner service pension eligibility
(1) An APP entity that holds a record that contains personal information relating to a veteran may: (a) disclose to the veteran’s partner personal information to the effect that, with effect from a…
Section 38CA — 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 38B — Partner service pension generally not payable before claim
Provisional commencement day (1) A partner service pension is not payable to a person before the person’s provisional commencement day. (1A) Subject to subsections (2) and (3), a person’s provisional…
Section 38JB — 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 38C — Restrictions on dual pensions
(1) A partner service pension is not payable to a person if the person is receiving: (a) another service pension; or (aa) a veteran payment; or (b) a social security pension; or (c) a social security…
Section 38JC — 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 38D — Need for a claim
A person who wants to be granted a partner service pension must make a proper claim for that pension.
Section 38JD — 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 38E — Who can claim?
(1) Subject to subsection (2), the claim must be made by: (a) the person who wants to be granted the partner service pension; or (b) with the approval of the person—another person on his or her…
Section 38JE — Secretary may require claimant or claimant’s partner to take action to obtain a comparable foreign pension
(1) If: (a) a person has claimed a partner 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…
Section 38F — 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 38H — Claimant must be Australian resident and in Australia
(1) Subject to subsection (2), a claim is not a proper claim unless the person making the claim, or on whose behalf the claim is being made, is: (a) an Australian resident; and (b) in Australia; on…
Section 38J — Claim may be withdrawn
(1) A claimant for partner 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…
Section 38K — Secretary to investigate claim and submit it to Commission
(1) If a person makes a proper claim for a partner service pension, the Secretary must cause an investigation to be made into the matters to which the claim relates. (2) When the investigation is…
Section 38L — Duties of Commission in relation to claim
Determination of claim (1) When the claim is submitted to the Commission, the Commission must: (a) consider the claim; and (b) satisfy itself with respect to all matters relevant to the determination…
Section 38M — Date of effect of determination
If the Commission determines under section 38L that partner service pension is payable to the person: (a) the determination takes effect on the day on which the determination is made or on such later…
Section 38N — How to work out the rate of a person’s partner service pension
A person’s partner service pension rate is worked out in accordance with the Rate Calculator. Note 1: Module A of the Rate Calculator establishes the overall rate calculation process and the…
Section 45A — Eligibility for income support supplement
A person is eligible for income support supplement if the person is a war widow or war widower.
Section 45DA — 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 45NA — Claim may be withdrawn
(1) A claimant for income support supplement 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 45QA — Commission must determine circumstances in which persons are permanently incapacitated for work
(1) The Commission must, by legislative instrument, determine the circumstances in which persons are permanently incapacitated for work for the purposes of subparagraph 45Q(4)(c)(ii). (2) The…
Section 45SA — Simplified outline
The Commission may make a legislative instrument providing for a payment to a person who has made a claim for certain mental injuries or mental diseases. The payment is made before the claim is…
Section 45TA — Definitions
In this Part: accruing member of the pension bonus scheme has the meaning given by section 45TM. bonus period has the meaning given by section 45TR. carer payment means carer payment under the Social…
Section 45UA — Record-keeping requirements
Record-keeping requirements for person (1) For the purposes of the application of paragraph 45TS(a) or 45TT(1)(a) or subsection 45U(1) or (3) to a person, the applicable record-keeping requirements…