skip to content

Refine results


Search by

Search by Algolia
Law Handbook banner image

Veterans

The Commonwealth Department of Veteran's Affairs administers a number of pensions and compensation payments available to eligible veterans and/or their family members.

Legislation administered includes:

Pensions and Payments

There are various income support pensions and compensation payments that may be available to veteran's and/or their family members as listed above.

Service Pension

The Service Pension is an (income and assets tested) income support pension, similar to the Age or Disability Support Pensions paid by Centrelink.

Who is eligible?

The Service Pension may be paid to:

  • an eligible veteran who has qualifying service (which in general covers service in operations against the enemy while in danger from hostile forces), who meets the residency requirements, and who has reached the age of 60 years or is permanently incapacitated for work;
  • an eligible partner (married or de facto) of a veteran who meets a number of requirements;
  • an eligible former partner who is legally married to, but separated from, a veteran and who meets a number of requirements.

An 'eligible veteran' includes:

Working out just what service qualifies a person for the Service Pension can sometimes be a complex matter. If in doubt, contact the Department of Veterans' Affairs on 1800 555 254.

More information may also be located on the Department of Veterans' Affairs website, including the factsheet 'Factsheet IS01 - Service Pension Overview'.

Can a person receive both the Service Pension and the Age Pension?

A person cannot receive both the Service Pension and the Age Pension (or any other social security benefit aside from Family Tax Benefit).

What is the rate of payment for the Service Pension?

The rates of payment for the Service Pension are the same as for the Age Pension.

The Service Pension can be paid at a single rate or couples rate, depending on the circumstances.

The amount a person receives on the Service Pension will depend upon their income and assets. The Service Pension is calculated using two separate tests, the income test and the asset test. Whether a person is single or a member of a couple will also be relevant for calculating the Pension rate.

For more information on the rates of payment and the income and assets tests, see the Department of Veterans' Affairs 'Factsheet IS30- Pension Rates, Limits and Allowances'.

Eligible Partners and Eligible Former Partners

A partner (whether married or de facto) of a veteran who is receiving or is eligible to receive a service pension may be entitled to the partner service pension.

Specific eligibility criteria applies, for more information see the Department of Veterans' Affairs Factsheet IS45 - Partner Service Pension.

A person may also be eligible to receive a partner service pension where they are legally married to, but separated from, a veteran who is receiving or is eligible to receive a service pension. This type of partner service pension is payable up to a maximum period of 12 months (from the date of separation), and other qualifying criteria applies.

How to claim the Service Pension

The Department for Veterans' Affairs recommends that applicants wishing to claim the Service Pension contact the Department via telephone to notify them initially of their intention to claim. This may allow an approved claim to be backdated to the date that the intention to claim was made. Applicants must fill in a claim form which can be obtained by contacting the Department of Veterans' Affairs via telephone on 1800 555 254 or online via the Department of Veterans' Affairs website. The claim form states what documents are needed (e.g. marriage certificate, birth certificate, evidence of income etc.).

To be granted a Service Pension, a person must live in their usual and settled place in Australia.

For more information, contact the Department of Veterans' Affairs on 1800 555 254 or visit the Department of Veterans' Affairs website.

Can a decision about the Service Pension be reviewed?

A person dissatisfied with certain decisions relating to the Service Pension can request that the decision be reviewed. Such a review is conducted by a Department Review Officer in the first instance. A request for a review should be made in writing within 3 months of receipt of the letter advising of the reviewable decision.

For a list of what decisions are reviewable, see the Department of Veterans' Affairs Factsheet IS135 - Requesting a Review of Our Decision.

The Review Officer will either affirm or set aside the decision under review. An avenue of appeal lies to the Administrative Appeals Tribunal (AAT) where a person is dissatisfied with the decision of the Review Officer. Legal advice should be sought before commencing any appeal in the AAT, as costs may apply and there may be strict time frames in which to lodge an appeal.

Other Service Pension Allowances

A person receiving the Service Pension may also be entitled to:

  • the pension supplement - this is to assist with the cost of things like prescription medication, utility bills, internet and telephone usage etc;
  • rent assistance - this is to assist with the cost of private rentals;
  • remote area allowance - this is payable to service pensioners who reside in specific remote locations.

War Widow(er) Pension

A War Widow(er) Pension is a compensatory payment to the widow(er) and/or child(ren) of a veteran who died as a result of eligible war service.

A widow(er) can apply for this pension where they were legally married to, or in a de facto relationship with, an Australian veteran immediately before the veteran's death. To be eligible, the applicant must also not have since re-married or commenced a new de facto relationship, although a recipient of a war widow(er) pension can continue to receive the pension if they subsequently remarry or enter into a de facto relationship [Veterans' Entitlements Act 1986 (Cth) s 13(8)].

For a child to be eligible for this pension, they must be a natural or adopted child of the veteran, and aged either under 16 years of age, or under 25 years of age if they are undertaking full time study.

In certain circumstances, the War Widow(er) Pension will be paid automatically without regard to whether the veteran's death was as a result of war service or eligible war service. Such circumstances include where the veteran was an ex-prisoner of war, or was receiving a disability pension at a special rate, for example.

In other circumstances, a person must apply for the War Widow(er) Pension by completing the relevant claim form, which can be obtained by contacting the Department of Veterans' Affairs on 1800 555 254 or via the Department of Veterans' Affairs website.

For more information see the Department of Veterans' Affairs Factsheet DP60 - War Widow(er)'s Pension.

War Widow(er) Pension claims are determined by officers of the Department of Veterans' Affairs, who have been delegated the authority to make such determinations by the Repatriation Commission. The Repatriation Commission is empowered under the Veterans' Entitlements Act 1986 (Cth) to make decisions relating to veteran's entitlements.

A decision relating to a War Widow(er) Pension can be reviewed - see Review by the Veterans' Review Board.

Disability Pension

A number of disability pensions and allowances are payable under the Veterans' Entitlements Act 1986 (Cth). These should not be confused with the Disability Support Pension administered by Centrelink.

Disability Pension

The Disability Pension compensates eligible veterans for injuries or diseases which are caused by eligible war or defence services provided prior to 1 July 2004.

A veteran may be eligible, for example, if they suffered an injury or disease from:

  • their time spent in the Australian Defence Force during a time of conflict prior to 1 July 2004;
  • their time spent in the Australian Merchant Navy in World War II;
  • their time spent representing Australia as a United Nations Peacekeeper prior to 1 July 2004.

For a full list of who is eligible for the Disability Pension, see the Department of Veterans' Affairs Factsheet DP01 - Overview of Disability Pension and Allowances.

Disability Pension - payment rate

The payment rate of the Disability Pension is dependant upon the level of incapacity the veteran has as a result of their illness of disease. There are four categories of disability pension that may be payable. For information on the payment rates, see the Department for Veterans' Affairs Factsheet DP43- Disability Pension Rates and Allowances.

Disability Pension Allowances

The Veterans' Entitlements Act 1986 (Cth) also provides for a number of Disability Pension Allowances, which may be payable separate to, and in addition to, the Disability Pension.

Such allowances are:

  • attendant allowance;
  • clothing allowance;
  • decoration allowance;
  • loss of earnings allowance;
  • recreation transport allowance;
  • vehicle assistance scheme.

The allowances can be paid in specific circumstances, and are paid at different rates.

How to apply for the Disability Pension

To apply for the Disability Pension, the applicant should obtain the required claim from from the Department of Veterans' Affairs by contacting 1800 555 254 or via the Department of Veterans' Affairs website. Supporting documentation will also be required to assess the claim.

How is a Disability Pension claim determined?

A claim for Disability Pension is assessed by the Repatriation Commission, which has the power under sections 180 and 181 of the Veterans' Entitlements Act 1986 (Cth) to grant pensions and other benefits to veterans. This power is delegated to officers of the Department of Veterans' Affairs, who determine and decide claims for veterans' pensions.

To be approved for a Disability Pension, a veteran's illness or disease must be accepted as being war-caused or defence-caused. This will be assessed using any relevant information which may include medical reports, service history, and employment history reports.

The claim must also satisfy the relevant Statement of Principles. These are legislative instruments that outline what factors may cause a particular medical condition, disease or illness. For a Disability Pension claim to be approved, at least one Statement of Principles factor must be related to eligible war-service or defence-service. Statements of Principles are determined by the Repatriation Medical Authority, which is an independent statutory body. For more information and to view the Statements of Principles, visit the Repatriation Medical Authority website.

During the claim assessment process, a veteran may be assessed by a general practitioner or specialist to assist with the determination of the claim.

Deciding whether a veteran is entitled to the Disability Pension or a Disability Pension Allowance can sometimes be a complex matter requiring detailed study of the Veterans Entitlements Act 1986 (Cth), so specialist advice should be sought.

More information can be obtained by contacting the Department of Veterans' Affairs on 1800 555 254 or via the Department of Veterans' Affairs website.

Can a decision about the Disability Pension be reviewed?

Certain decisions relating to the Disability Pension can be reviewed, see - Review by the Veterans' Review Board.

Review by the Veterans' Review Board

The Veterans' Review Board is an independent tribunal that reviews certain decisions relating to veterans under the Veterans' Entitlements Act 1986 (Cth) and the Military Rehabilitation and Compensation Act 2004 (Cth). Most reviews conducted by the Board are held by a panel of three Members.

Decisions that are able to be reviewed by the Veteran's Review Board include those relating to the rejection of a claim for a Disability Pension or a War Widow(er) Pension. Note that decision relating to a Service Pension are not reviewed by the Veterans' Review Board, but rather are reviewed internally by a Department Review Office in the first instance.

Applicants are able to be legally represented during proceedings, although this is not required. The Repatriation Commission similarly has the ability to be legally represented.

There is no fee or charge to apply for a review by the Board.

Disability and War Widow(er) Pension Reviews

If a claim for a Disability Pension or War Widow(er) Pension is rejected, applicants can appeal to the Veterans' Review Board.

Other decisions relating to the Disability Pension can also be reviewed by the Board, such as those relating to (but not limited to):

  • whether or not a person is a veteran;
  • whether or not a disability is war-caused or defence-caused;
  • the diagnosis or date of the disability;

An application to the Board for review of a decision relating to the Disability Pension or War Widow(er) Pension must in most circumstances be made within 3 months of receipt of the original decision. Applications for review can be made by completing a Veterans' Review Board Application for Review Form, available online via the Department of Veterans' Affairs website or the Veterans' Review Board website. A copy of the form can also be requested by telephoning the Department of Veterans' Affairs on 1800 555 254.

An avenue of appeal of a decision of the Veterans' Review Board lies to the Administrative Appeals Tribunal (AAT). Legal advice should be sought before commencing any AAT appeal, as fees may apply and there may be strict time frames in which to lodge an appeal.

    Veterans  :  Last Revised: Wed Jan 9th 2019
    The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.