2023 Questions and Answers

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When does the consultation close and can my feedback have any influence?

We are consulting on the proposed single Act model, however it builds on, and is informed by, earlier consultation with the veteran community.

Written submissions for this round of consultation close on 12 May. Consultation with the veteran community will be ongoing throughout the legislative design process.

This round of consultation is genuinely seeking your views on how we can build this model to ensure it meets the needs of veterans and their families.

DVA has been exploring options to reform the current tri-Act framework of legislation for many years and in parallel with several Government-initiated external reviews.

We know that reform is urgently required and time is passing, and we are therefore keen to get the balance right between consultation and implementation over the year ahead.

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Why aren’t you considering the Two Ongoing Schemes Model (Productivity Commission recommendation 19.1)?

We have listened to feedback that the Productivity Commission recommendation to move to two ongoing schemes may create a new range of new complexities in the veterans’ entitlements system. That it would add to confusion, workloads and potentially delays in claims processing for veterans in a way that would be counter-productive to the overall objectives of simplifying veterans’ entitlements legislation.

This is particularly due to the recommendation to allow some veterans to opt for which scheme they may fall into, which would necessitate assessment of claims against both of the two ongoing schemes and consideration of what further claims may be brought later to form a view as to which scheme may be more beneficial for a veteran.

For this reason, the Veterans’ Entitlements Legislation Reform Pathway outlined here for consultation instead proposes moving to a single ongoing veterans’ entitlement scheme.

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Will the proposal address longstanding issues such as differences in payments, etc.?

This reform aims to address issues that arise from administering three Acts and remove the complexity for future veterans, while grandparenting arrangements for veterans who are already receiving payments under existing arrangements.

We want to hear from you about how to achieve the best outcome from these changes and we are examining the differences between the Acts, to be considered as part of this reform process. 

And we want to hear from you about any particular issues that you may have come across that we could address in developing the proposed model.

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Will anyone be detrimentally impacted under this proposal?

The guiding principle of this work is to ensure that no one will lose any benefit that they are already in receipt of when the new arrangements commence.

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Can you provide me details about my specific case?

During consultation we will be considering case study examples to assist in communicating the proposed model however we will not be discussing individual circumstances.

We encourage you to share your suggestions via email to legislation.reform [at] dva.gov.au

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Will current serving members be impacted?

Yes. Current serving members whose service began after 1 July 2004 who are covered by the MRCA would be affected by this proposed model through the proposed improvements to MRCA as detailed on page four of the Veterans’ Legislation Reform Consultation Pathway (PDF: 666KB) booklet.

Under the proposal out for consultation, serving members who have service that spans 1 July 2004, will have their claims considered under the improved MRCA going forwards.

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Will the Government be implementing the Productivity Commission recommendation 14.8 to remove automatic eligibility for MRCA dependants whose partner died while they had permanent impairments of more than 80 points or who were eligible for the MRCA Special Rate Disability Pension?

The Australian Government is not proposing to implement this recommendation as part of its Legislation Reform Consultation Pathway.

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I'm already TPI/EDA. Will my spouse still be looked after if I die?

It is anticipated that, under the new system, automatic grants of War Widows Pension will continue to be offered, just as they are now for spouses of TPI/EDA veterans.

Additionally, dependants would be able to claim benefits under the MRCA if the death was caused by a service-related condition.

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What happens to my current DCP I am receiving?

A principle behind the proposed single Act is that current payments and benefits are grandfathered. Therefore, your current rate of DCP would continue post transition.

Should you wish to request a reassessment as your conditions have worsened, this would be considered under the improved MRCA. 

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Will Non-Liability Healthcare arrangements be affected by this proposal?

Non-liability healthcare arrangements would not be affected by this proposal.

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Will removal of the standalone payments under DRCA (High Court decisions AKA Canute, Fellows and Robson), impact my ability to obtain any additional Permanent Impairment benefits?

We are considering this issue as part of the reform pathway consultation process and we are keen to hear your views on a way forward. 

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Has any consideration been given to granting gold cards to DRCA PI clients with already established high levels of impairment? Given the WPI assessments already undertaken, it is unlikely I will be paid under MRCA but do I need to apply and be reassessed for the sole purpose of getting a Gold Card?

At this stage, the Government is considering this particular proposal, and is seeking the views of stakeholders before it decides on a way forward. The principle behind moving to a single Act is that any benefits under MRCA would be triggered by a new claim after the commencement date for the new arrangements which is assessed under the MRCA.

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Will gold cards be granted to existing DRCA widows or widowers?

At this stage, the proposal does not include granting gold cards to existing DRCA war widows. The cards will be issued to any widow or widower who is granted benefits after the new arrangements commence. 

 

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