How do I apply for the age pension in Australia?

In Plain English

Based on the provided information, here's how you might apply for the age service pension for veterans in Australia:

  1. Make a Claim: You need to make a "proper claim" for the age service pension.
  2. Who Can Claim: The claim must be made by you, or someone else with your approval. If you can't approve someone due to physical or mental incapacity, the Commission (likely the Repatriation Commission) may approve someone to make the claim for you.
  3. How to Claim: The claim must be in writing, using the approved form, include any relevant evidence, and be lodged at an office of the Department (likely the Department of Veterans' Affairs) in Australia.
  4. Residency and Location: You must be an Australian resident and in Australia when you lodge the claim.

Keep in mind that there may be other eligibility requirements, and restrictions that could affect your eligibility.

Detailed Explanation

To apply for the age service pension, a veteran must make a "proper claim" according to the Veterans' Entitlements Act 1986.

Making a Claim (Proper Claim):

  • Who can claim: The claim must be made by the veteran or, with the veteran's approval, another person on their behalf, as stated in subsection 36E(1) of the Veterans' Entitlements Act 1986. If the veteran is unable to provide approval due to physical or mental incapacity, the Commission may approve another person to make the claim, as per subsection 36E(2) of the Veterans' Entitlements Act 1986.
  • How to claim: To be considered a proper claim, subsection 36F(1) of the Veterans' Entitlements Act 1986 specifies that the claim must be:
    • In writing (paragraph 36F(1)(a)).
    • Made in accordance with a form approved by the Commission (paragraph 36F(1)(b)).
    • Accompanied by any available evidence the claimant considers relevant (paragraph 36F(1)(c)).
    • Lodged at an office of the Department in Australia, in accordance with section 5T (paragraph 36F(1)(d)).
  • Residency and Location: Subsection 36H(1) of the Veterans' Entitlements Act 1986 states that the veteran making the claim must be an Australian resident and in Australia on the day the claim is lodged.

Eligibility and Restrictions:

  • Eligibility: To be eligible for the age service pension, subsection 36(1) of the Veterans' Entitlements Act 1986 states that a person must be a veteran, have rendered qualifying service, and have reached pension age. Additional criteria apply to Commonwealth veterans, allied veterans, and allied mariners, as outlined in subsection 36(2) of the Veterans' Entitlements Act 1986.
  • Restrictions: Section 36A of the Veterans' Entitlements Act 1986 outlines circumstances where the age service pension may not be payable, even if the veteran is eligible. These include if the pension has not commenced, the veteran is in jail or psychiatric confinement, the veteran is receiving another pension, or the pension is cancelled or suspended. Section 36C of the Veterans' Entitlements Act 1986 specifies that an age service pension is not payable if the veteran is receiving another service pension, a veteran payment, or a social security pension or benefit.
  • Provisional Commencement Day: Subsection 36B(1) of the Veterans' Entitlements Act 1986 states that the age service pension is not payable before the veteran's provisional commencement day, which is generally the day the claim is made, as per subsection 36B(1A) of the Veterans' Entitlements Act 1986. However, subsection 36B(2) of the Veterans' Entitlements Act 1986 provides an exception if an initial claim was not a proper claim.