Questions and Answers - Webinars – Veterans' Legislation Reform

These questions were received in the consultation webinars and have undergone basic editing.

Draft Legislation Related Questions

“Will veterans currently covered under VEA still have access to EDA under this new proposed act?” 
(Webinar 3 April 2024)    

EDA benefits can still be considered for VEA claims lodged up to 30 June 2026. After 1 July 2026, the Additional Disablement Amount is being introduced to the MRCA. This benefit provides similar benefits as the Extreme Disablement Adjustment under the VEA for those post-retirement age (taking into account modern superannuation entitlements).

“Will the new Act incorporate the present Pension schemes (DFRB, DFRB and MSBS)?” 
(Webinar 3 April 2024)    

The MRCA will continue to reference Commonwealth Superannuation where relevant however the operations of these schemes will remain separate under the Commonwealth Superannuation Corporation (CSC).

“How can I make a submission if I can not see how the new legislation will affect me? I have spoken to DVA by phone who the can not help me as they have not been trained. I have contacted the minister by email  Matt, Sarah on behalf of Matt who did not answer the question finished up by saying if I was stressed I should contact lifeline or something similar. I am subject to VEA, DRCA and MRCA I have 47 years service and do not see this new legislation will benefit me, rather makes life easier for DVA.” 
(Webinar 9 April 2024)

To assist veterans and their families to determine the impact on their circumstances, a range of scenarios/case studies have been created and are available on the DVA website.  

“Why so long - veterans have been hanging out for this?” 
(Webinar 3 April 2024)    

Allowing sufficient time to inform the veteran community on what the changes mean is an important factor. Following the consultation process, amendments will be made if required before the Bill is introduced to Parliament. We want to ensure that veterans have time to consider their individual circumstances, including allowing them to determine whether claims should be made under the current arrangements or when the new model commences. It is also important to allow sufficient time to train veteran advocates and delegates appropriately. 

“The Royal Commission advised that the exposure draft be published on 22 December 2023. Given the two month delay can the submission deadline be extended by two months?” 
(Webinar 3 April 2024)    

The consultation period is unlikely to be extended. Allowing sufficient time to inform the veteran community on what the changes mean is an important factor. This consultation period follows on from the 3 month consultation period undertaken in 2023.  

Following the consultation process, amendments will be made if required before the Bill is introduced to Parliament. We want to ensure that veterans have time to consider their individual circumstances, including allowing them to determine whether claims should be made under the current arrangements or when the new model commences. It is also important to allow sufficient time to train veteran advocates and delegates appropriately. 

“Will these slides be available for people affected by these proposed changes to review later? If so, how, where, etc?” 
(Webinar 9 April 2024)    

A link to the webinar recording and PowerPoint slide deck are now available on DVA's legislation reform website.

“Is it possible to get a copy of this presentation?” 
(Webinar 9 April 2024)    

A link to the webinar recording and PowerPoint slide deck are now available on DVA's legislation reform website.

“Given that MRCA has a points system up to 80 points where SRDP is available, how will ADA fit within the MRCA system” 
(Webinar 17 April 2024)

SRDP is a benefit for veterans who are under pension age and are unable to work due to their accepted conditions. Veterans can be assessed for SRDP if they are eligible to receive incapacity payments and they have been assessed at 50+ impairment points. 

ADA is a new benefit which will be available to veterans who are over age pension age and have been assessed at 70+ impairment points with a lifestyle rating of at least 6.  A veteran cannot receive both ADA and SRDP.

“I am a disabled ex-serviceman I have PTSD and Depression from my service and I am badly dyslexic.

The old DVA legislation was written by skilled professional administrators to make work easy for skilled professional administrators as I was told by a very senior DVA manager "DVA staff are here to apply the legislation not to help veterans”.

Will the new legislation be written in a manner that allows ordinary disabled veterans who are not skilled trained professional administrators to read understand and work through legislation without being caught in a massive complex red tape nightmare?

Will it be written pain language so the majority of people will be able to read and understand the legislation without complex legalese jargon?” (Webinar 9 April 2024)

The legislation is drafted by the Office of Parliamentary Counsel (OPC). OPC actively works to reduce complexity in legislation and use plain language where possible, but DVA recognises the nature of legislation in general can make it challenging to understand. DVA has produced a range of resources to help the community understand the proposed changes.

The draft Explanatory Memorandum for the Bill is available on the DVA website. The Explanatory Memorandum explains each legislative change and what it means for veterans’ entitlements. https://www.dva.gov.au/sites/default/files/2024-02/Veterans-Entitlements-Treatment-and-Support-Simplification-and-Harmonisation-Bill-2024%E2%80%93Explanatory-Memorandum.pdf.

There are a number of other resources on the website, including factsheets, ‘Frequently Asked Questions’ and scenarios.  https://www.dva.gov.au/about/royal-commission/veterans-legislation-reform-exposure-draft-consultation/veterans-legislation-reform-resources.

If the Bill is passed, DVA will develop additional resources that will be available to the community on an ongoing basis. Before the single Act commences, DVA delegates and advocates will receive training to ensure they can assist veterans with their enquiries and claims. 

The primary goal of veterans’ legislation reform is to simplify and harmonise the legislation. Veterans and advocates will no longer have to navigate a complex, multi-Act system, and can instead focus on the improved MRCA for all future compensation and rehabilitation claims.

“DVA have known this was going to come for many years now. DVA have done everything they can to delay every reform suggested or needed. Why are DVA now saying they need an extra year to introduce these changes when they should have been prepared for what they knew would happen?” (Webinar 9 April 2024)

Allowing sufficient time to inform the veteran community on what the changes mean is an important factor. Following the consultation process, amendments will be made if required before the Bill is introduced to Parliament.  We want to ensure that veterans have time to consider their individual circumstances, including allowing them to determine whether claims should be made under the current arrangements or when the new model commences. It is also important to allow sufficient time to train veteran advocates and delegates appropriately.

“How or will the new legislation resolve the current backlog of 71k+ claims currently within DVA? If the improvement is seeking to make claims smoother and quicker will the current backlog impede the release in 2026?” 
(Webinar 9 April 2024)

Currently, claims are investigated and determined under multiple Acts. Moving to a single piece of legislation will streamline the claims process for veterans and reduce the likelihood of those backlogs occurring again.  The current on hand caseload will not impede the introduction of the new legislation. 

Claims Related Questions 

“Will there be an option prior to 01 June 2026 to apply to be assessed under the new legislation, so that on 01 June 2026 entitlements can commence and there won’t be a backlog of applications on 01 June 2026?” 
(Webinar 3 April 2024)     

The proposed date of commencement of the single Act model is 1 July 2026. Any claims lodged prior to that date will be determined under existing legislation. 

“If my claims are still in the unaccepted status, having only been lodged for under 12 months and being with a support officer and not yet with a delegate, and it gets to 30 June 2026, do I continue under the tri-act that I am currently under, or only MRCA?” (Webinar 3 April 2024)    

All claims received before the commencement date will be determined under the current tri-Act system. This includes claims that have not been determined by the commencement date. Only those claims received after the commencement date will be determined under the improved MRCA.

“If I put a new claim in under MRCA in late 2026, does it affect my current tri-act claims - do they remain as is or have to change to MRCA?” (Webinar 3 April 2024)     

All claims received before the commencement date will be determined under the current tri-Act system. This includes claims that have not been determined by the commencement date. Only those claims received after the commencement date will be determined under the improved MRCA.

Any payments being received when the new model commences will continue to be paid and indexed via grandparenting arrangements – including DCP. If you experience a worsening of your conditions, you can claim additional compensation under the improved MRCA.

“As a Vietnam Veteran who has only lodged his first claims in January this year, will my claims be delayed until 2026 or will they be processed under the existing acts now? As a 73 year old with poor heart conditions, I may not be alive in 2026, so I have some concerns.” 
(Webinar 3 April 2024)     

All claims received before the commencement date will be determined under the current tri-Act system. This includes claims that have not been determined by the commencement date. Only those claims received after the commencement date will be determined under the improved MRCA.

“Who can we speak to to find out if a TPI should claim extra prior to 2026 or after?” 
(Webinar 3 April 2024)    

This will be a matter of personal choice as everybody’s personal circumstances will differ. There are a range of scenarios/case studies on the DVA website which demonstrate how the proposed reforms would impact people in different circumstances.

It’s important to note that the draft legislation may still undergo some changes due to consultation feedback and parliamentary processes. Once the legislation passes through Parliament, you will have a period of time to decide whether to lodge a claim under the existing Acts(s) prior to commencement of the new model. During this period, you may wish to seek further information from ex-service organisations or DVA.

“How would a veteran be better off by placing their claim/s under the current legislation vs the new legislation?” 
(Webinar 9 April 2024)

There are a range of scenarios/case studies on the DVA website which demonstrate how the proposed reforms would impact people in different circumstances. 

Grandparenting has been introduced to preserve the existing benefits.  Outcomes for future claims will be different based on individual circumstances.  MRCA benefits include the ability to access a fortnightly pension, lump sum or a combination of both for permanent impairment, increased incapacity benefits, gold cards, special rate disability pension, the additional disablement amount and, for some, increased access to household services, attendant care, transport benefits and rehabilitation. 

“Are there any scenarios for veterans below the age of 40?” (Webinar 17 April 2024)

The scenarios have been primarily developed to demonstrate how the Single Ongoing Act may impact veterans with VEA or DRCA service. For a MRCA-only veteran the impact will be minimal. Amendments include presumptive liability, removal of minimum distance requirements for travel reimbursement and, for pension age veterans, the introduction of the Additional Disablement Amount.

“If a veteran lodges a claim under current legislation, and it is not determined by 01 Jul 26, how is this claim determined?” 
(Webinar 17 April 2024)

All claims received before the commencement date will be determined under the current tri-Act system. This includes claims that have not been determined by the commencement date. Only those claims received after the commencement date will be determined under the improved MRCA.

Current MRCA Clients Questions

“If you are currently MRCA how will grandfathering work with the new MRCA on an old MRCA Veteran?” 
(Webinar 3 April 2024)

Existing recipients of MRCA compensation will continue to receive their payments as usual under the MRCA. Grandparenting arrangements won't apply to the MRCA, because the Act is not being closed off. There will be some enhancements to the MRCA, such as the new Additional Disablement Amount and easier access to travel reimbursements.  

“How is the current MRCA act going to be changed? Will the new MRCA act lose anything?” 
(Webinar 3 April 2024)

Existing recipients of MRCA compensation will continue to receive their payments as usual under the MRCA. Grandparenting arrangements won't apply to the MRCA, because the Act is not being closed off. There will be some enhancements to the MRCA, such as the new Additional Disablement Amount and easier access to travel reimbursements.

Liability Related Questions

“A friendly reminder, there are many Police Keepers, who are non ADF, who are covered by the VEA.” 
(Webinar 3 April 2024)    

All service currently covered under the VEA and DRCA will be included in the revised MRCA to ensure those currently covered under the VEA and DRCA will be covered by MRCA from 1 July 2026. 

“The MRCA 2004 - Marked up document on the website describes Peacekeeping missions in Chap 1 Pt 2 Section 6A. However, some peace keeping missions are not mentioned for example the peace keeping missions in Cambodia and Rwanda. Why is this?” 
(Webinar 9 April 2024)     

All service with the ADF on the United Nations Assistance Mission in Rwanda (UNAMIR) comes under Operation Tamar, which is classified as warlike service. Cambodia is listed in the table in section 6A at items 18 and 21. 

“Eligibility for compensation and treatment under the MRCA centres on a person suffering from a service injury or a service disease, provided it happened when the person was rendering defence service. How does the Simplification Act make this applicable to members of peacekeeping forces who were not Defence Force personnel, such as police peacekeepers? Section 6A includes them in the new Act, but I can't see any provision to include them in the definition of service injury or disease. Am I missing something?” 
(Webinar 9 April 2024) 

The words ‘or service that is peacekeeping’ will be added to section 6(1) (b) as non-warlike service. As a result, peacekeepers (as defined in Section 6A) will have ‘defence service’ for the purposes of the MRCA. Peacekeepers will also be ‘members’ for the purposes of the MRCA by the addition of subsection (d) to the definition of a ‘member’ in section 5 of the MRCA. ‘Member of a Peacekeeping Force’ will also be further defined in section 5 as meaning ‘a person who is serving, or has served, with a Peacekeeping Force outside Australia as an Australian member, or as a member of the Australian contingent, of that Peacekeeping Force.’

Police peacekeepers who are receiving VEA payments at commencement of the new model will continue to receive these payments under grandparented arrangements. After commencement, eligible police peacekeepers will be able to claim MRCA benefits for their VEA accepted conditions, including permanent impairment compensation (if their condition/s have worsened since their previous assessment). They can also claim under the MRCA for acceptance of any new injuries or illnesses arising out of their service. 

“Will the very common conditions veterans suffer in certain units (Infantry, Special Forces etc.) such as back issues, knee issues, shoulder issues etc. be included in specified conditions?” 
(Webinar 9 April 2024) 

The Bill is seeking to introduce an instrument-making power into the MRCA to enable DVA to accept claims for certain specified injuries and diseases on a ‘presumptive’ basis where they are known to have a common causal connection with ADF service. The initial instrument will include the entire list of ‘decision ready’ conditions and sequelae already being streamlined under the VEA and MRCA. This list includes many of the common conditions affecting the spine, and upper and lower limb joints. The instrument would also be used to ensure continued coverage for certain cohorts under subsections 7(1), 7(2), 7(8) and 7(9) of the DRCA. 

It is possible that additional conditions may be added to the instrument in future, but they will need to be considered by Government.  

“In regards to the Heart Attack comment; will that be claimable retrospective?” 
(Webinar 9 April 2024)    

After commencement of the single ongoing Act, veterans can claim to have liability accepted under the MRCA for any service injury or disease, regardless of when the veteran served or how long ago the condition arose. This principle will also apply to injuries sustained while the person was on duty as a member, whether or not as a result of performing that duty.

“I have heard that there will be a number of conditions that will be automatically accepted in the new legislation. Is there a list that has already been put together as a starting point? If so, where can we find this?” 
(Webinar 17 April 2024)

Consultation regarding this matter is currently underway with various stakeholders.  The list will be published on the DVA website shortly. 

 “If a VEA 60 year old dies after 2026, is that under the old VEA (current) or the new MRCA?” 
(Webinar 17 April 2024)

Any compensation-related claim received from 1 July 2026 will be assessed and paid under MRCA.

“Where can I find the presumptive liability list?”  
(Webinar 17 April 2024)

Consultation regarding this matter is currently underway with various stakeholders.  The list will be published on the DVA website shortly.   

Permanent Impairment Related Questions

“How will the % of a DRCA accepted condition be converted to points? For example, if a condition under DRCA is at 30% what points would that convert to? How is the calculation worked out?” 
(Webinar 3 April 2024)     

There will be a process to convert historic DRCA assessments to a GARP M assessment to create a baseline for MRCA PI purposes. A permanent impairment assessment will consider worsening to be an increase from the assessed baseline. Each DRCA assessment will be considered in accordance with GARP M and the MRCA PI guidelines.

“Clarification with regards to % to points it’s not very clear if 30% under DRCA would this be worth 10 points or 20 points? Or there is no clear amount?” 
(Webinar 3 April 2024)    

There will be a process to convert historic DRCA assessments to a GARP M assessment to create a baseline for MRCA PI purposes. A permanent impairment assessment will consider worsening to be an increase from the assessed baseline. Each DRCA assessment will be considered in accordance with GARP M and the MRCA PI guidelines.

“Will Vets on MRCA 80+ points be allowed the same entitlements as VEA TPI i.e. unlimited Allied Health, GST free car purchases and relevant State based concessions.” 
(Webinar 3 April 2024)    

A TPI gold card is issued with MRCA Special Rate Disability Pension (SRDP) eligibility.   Concessions associated with a TPI gold card are the same entitlements irrespective of whether they arise from a VEA TPI or MRCA SRDP eligibility.  

SRDP eligibility is one of the criteria to access a GST car concession via the ATO. 
 

“Is the lump sum taxable?” (Webinar 3 April 2024)    

PI payments, whether taken as a lump sum or as periodic payments, are tax-free.  

“Has it been taken into account the contribution that lump sum payments have to suicide rates i.e. lump sum given to married couple they buy a house, the marriage breakdowns, wife gets the house and veteran is left destitute. More compensation i.e. VEA style pension needs to be looked at.” 
(Webinar 3 April 2024)    

This concern has been raised during the consultation period and previously with the Royal Commission. Ex-service organisations have provided examples of cases where provision of a lump sum rather than periodic compensation has had adverse outcomes for veterans, however DVA is obliged under the legislation to offer veterans a choice to convert MRCA PI compensation to a lump sum. As such, the Department is currently considering policy options to improve outcomes for at-risk veterans. Additionally, the VEA provisions providing the Commission with powers to administer trusts are being replicated in the enhanced MRCA. 

“Will Veterans who have had children born after receipt of their 80 points be eligible for the EYP payment under the proposed changes?” 
(Webinar 3 April 2024)    

The current requirements state each eligible young person must be dependent on the veteran for economic support and be either conceived/born or be adopted/have proceedings in place on or before the relevant date. 

The relevant date is determined to be the later of the date impairment is considered to reach 80 points or the date your most recent liability claim was lodged.   

“Will those who are successful in putting in a claim under new MRCA from DRCA be offered the EYP payment of $104k currently if they meet the conditions?” 
(Webinar 3 April 2024)    

VEA and DRCA veterans can access the additional PI payment under section 80 of the MRCA where they meet the current MRCA criteria (80 MRCA assessed points and an eligible young person) and have either a newly accepted condition under the MRCA, or there has been a 5 point worsening of their compensable conditions since their last assessment.

“Under MRCA 2 if a Veteran meets the criteria for a Gold Card and they reach 81 points, is the Veteran entitled to payment for children per child of the set amount under MRCA?” (Webinar 3 April 2024)    

VEA and DRCA veterans can access the additional PI payment under section 80 of the MRCA where they meet the current MRCA criteria (80 MRCA assessed points and an eligible young person) and have either a newly accepted condition under the MRCA, or there has been a 5 point worsening of their compensable conditions since their last assessment. 

“Hi, Trying to follow the Q&A and did join late. Education scheme. Will the MRCA payment per child be extended to VEA special rate pension veteran i.e. the lump sum payment per child?” 
(Webinar 3 April 2024) 

VEA and DRCA veterans can access the additional PI payment under section 80 of the MRCA where they meet the current MRCA criteria (80 MRCA assessed points and an eligible young person) and have either a newly accepted condition under the MRCA, or there has been a 5 point worsening of their compensable conditions since their last assessment. 

Any student in receipt of VCES benefits will transition to the MRCA education scheme (MRCAETS) on 1 July 2026.

“When applying for the EYP payment post 1.6.26, if not worsening of conditions or new condition/s, will all injuries still be reassessed and recalculated, or just determined based on current evidence to assess eligibility for EYP payment?”
(Webinar 3 April 2024)

There is no claim for the MRCA Section 80 payment with respect to EYPs. The Department will pay the EYP payment where it becomes aware that a veteran meets the eligibility criteria. In order to receive EYP payments under section 80, veterans must have been paid, or been entitled to be paid, compensation under Chapter 4, Part 2 (Permanent Impairment) regardless of which Act their conditions are accepted under. 

VEA and DRCA veterans can access the additional PI payment under section 80 of the MRCA from 1 July 2026 where they meet the current MRCA criteria (which requires the veteran to have suffered an impairment of at least 80 impairment points as assessed under the Guide to Determining Impairment and Compensationand where the veteran has an "eligible young person" for the purposes of the Act) and have either a newly accepted condition under the MRCA, or there has been a 5 point worsening of their compensable conditions since their last assessment.

“What about those that have injuries or causes of death related to pre 1971 service (not VEA)?” 
(Webinar 9 April 2024)

After commencement of the single ongoing Act, veterans can claim to have liability accepted under the MRCA for any service injury or disease, regardless of when the veteran served or how long ago the condition arose.  

Veterans with pre-1971 service will be able to claim to have conditions accepted under the MRCA. They will also be able to claim MRCA benefits, including compensation, for conditions that have already been accepted under the 1971 Act.

“What happens post 1.6.26 if a new claim/injury is lodged and everything is reassessed?

Will an offset then apply for the previously paid out MH DRCA claims? 

I have VEA DCP general rate for physical injuries, MH accepted under DRCA only and PI payout. No offset as MH conditions accepted under DRCA only.” (Webinar 9 April 2024)

Following a new Permanent Impairment claim from 1 July 2026, a whole of person assessment will be completed to assess the veteran's overall level of impairment and the level of compensation will be established taking into account any previous compensation paid.

“If I put in a claim and get Initial Liability under DRCA so I can get treatment and I knock back PI so no PI assessment gets done. Can I put in for a MRCA PI assessment 1 July 2026 so I can get onto new approved MRCA quickly as it would not have had any points on condition and therefore will have all accepted conditions points added?” (Webinar 9 April 2024)

Any condition that has been previously accepted under DRCA or VEA and no compensation has been received or the condition has worsened can be claimed for under MRCA from 1 July 2026.

“What happens in a scenario where the Vet is 100% VEA and has different conditions accepted under DRCA, which have been assessed and PI lump paid. In particular, where they may be eligible for the severely impaired veterans with eligible dependants payment under the new MRCA?”  
(Webinar 17 April 2024)

From 1 July 2026, VEA and DRCA veterans will be able to lodge a claim for MRCA benefits including claims for new conditions or for worsening of their existing VEA and DRCA conditions. 

In addition, they can access the additional PI payment under section 80 of the MRCA from 1 July 2026 where they meet the current MRCA criteria (80 MRCA assessed points and an eligible young person) and have either a newly accepted condition under the MRCA, or there has been a 5 point worsening of their compensable conditions since their last assessment. 

Incapacity Benefits Related Questions 

“If Gabby was on INCAPS under DRCA prior to the new legislation, what happens to Gabby under the new legislation?” 
(Webinar 3 April 2024)    

If Gabby was receiving DRCA incapacity payments prior to 1 July 2026 she would continue receiving the DRCA incapacity payments at the current rate. Gabby would only be considered for MRCA incapacity benefits if her current period of incapacity were to cease and a future period of incapacity were to begin.

“People currently on DRCA Incaps – will they stay on discharge salary plus CPI post 1.6.26 or move to the MRCA model? If change, how will that be determined/assessed/applied for?” (Webinar 9 April 2024)

If you are receiving DRCA incapacity payments prior to 1 July 2026 you will continue receiving the DRCA incapacity payments. Consideration for MRCA incapacity benefits would only apply if the incapacity were to cease and a future period of incapacity were to begin.

“Will the updates and changes to MRCA make any difference to those like myself who are currently receiving incapacity payments and have been for a long period of time?  In my case since 2012 when I was medically discharged, thereby having to see my GP every year to get a medical certificate signed off. I am unable to work at all due to various medical illnesses and injuries.” 
(Webinar 9 April 2024)

If you are receiving DRCA incapacity payments prior to 1 July 2026 you will continue receiving the DRCA incapacity payments under the existing arrangements. 

Consideration for MRCA incapacity benefits would only apply if the incapacity were to cease and a future period of incapacity were to begin.

“What will happen with the Medical Certificate issue? How many Certificates need to be supplied to DVA to satisfy them?”  
(Webinar 17 April 2024)

There are no proposed changes to how MRCA incapacity payments currently operate including the requirement for medical certificates.

“Why is Gabby paid a payment based on her last rate of pay? If she has worked hard to keep her head above water and to manage her condition, why isn't is based on current wages?”  (Webinar 17 April 2024)

Both DRCA and MRCA incapacity rates are indexed annually.  MRCA incapacity benefits are based on the movement in military salary.

“Can you please clarify what will happen to existing DRCA Incapacity payment recipients post the legislative change? Will Incapacity payments come in line with the new MRCA benefits?” (Webinar 17 April 2024)

If you are receiving DRCA incapacity payments prior to 1 July 2026 you will continue receiving DRCA incapacity payments. Consideration for MRCA incapacity benefits would only apply if the incapacity were to cease and a future period of incapacity were to begin.

TPI/SRDP Related Questions

“Will those prevented from being assessed as SRDP due to being paid Incapacity payments under DRCA and NOT MRCA now be able to achieve SRDP eligibility?” 
(Webinar 3 April 2024)

To access MRCA SRDP veterans will need to meet the current SRDP eligibility criteria including being paid MRCA incapacity payments.

“VEA TPI, if a veteran was to claim incapacity payments after July 2026, does their TPI amount reduce?” 
(Webinar 3 April 2024)

A TPI veteran under pension age will be able to claim incapacity payments (based on their pre-injury wages) where their service-related injury reduces their capacity to undertake paid employment. Under the current offsetting provisions, any incapacity payments received will reduce the amount of DCP being paid. However, eligible TPI veterans won't see a reduction in their overall payment.

“Under DRCA Incapacity Payments and unfit to certification, a certificate of unfit to work is maximum 3 years, if deemed final certificate for unfit to work, eg TPI under MRCA is TPI granted so not requiring an unfit to work certificate every 12 months or otherwise?” 
(Webinar 3 April 2024)    

MRCA Incapacity payments have the same certification requirements as DRCA incapacity benefits.  

“SRDP currently 50 imp points (s.199(1)(c); why the bump up?? This makes it more difficult for vets to achieve.” 
(Webinar 3 April 2024)    

There is no change to the impairment point requirement for SRDP eligibility. It remains at 50 impairment points.

“So a VEA TPI, grandfathered and keeps their current rates, as per the scenario but ends up financially worse off than those moving from DRCA to MRCA. Will there be any reviews to bring them into line with MRCA?” 
(Webinar 3 April 2024)    

VEA DCP payments will be grandparented on 1 July 2026, however normal indexation will continue unaffected following the commencement of the Single Act, thereby ensuring that DCP payments are increased twice a year under current indexation arrangements. Like DRCA veterans, VEA veterans will have the opportunity to claim under the MRCA to see if additional compensation is payable. For example, they may wish to lodge a claim for incapacity payments.

Any changes in the future would be a decision of the Government of the day.

“If you are already TPI under VEA then you can't change to MRCA if you are over pension age. Is this correct?” 
(Webinar 3 April 2024)    

For TPI veterans over pension age, there are a range of benefits under MRCA that may be beneficial such as higher rates for transport reimbursement and access to household services and attendant care.  

“A VEA TPI they don't really have an incentive to claim due to offsetting rule claim they just claim.” 
(Webinar 3 April 2024)    

A TPI veteran under pension age will be able to claim incapacity payments (based on their pre-injury wages) where their service related injury reduces their capacity to undertake paid employment. Under the current offsetting provisions any incapacity payments received will reduce the amount of DCP being paid. However, in many cases incapacity payments will be paid at a higher rate than TPI, as incap is based on actual earnings. Once incap ceases (say, due to reaching retirement age) the TPI payments would no longer be offset by incap.

“Will members currently on VEA TPI be offered a change to the new system or will they need to apply for any changes?” 
(Webinar 9 April 2024)    

No veterans or family members will experience a reduction in the payments they are already receiving. The proposed single Act model will provide the entire veteran community with access to the range of benefits available under the improved MRCA, even if their service is currently covered by the DRCA or VEA.

The model will only impact veterans if they make a claim after the commencement date, as any new claim will be assessed and paid under the MRCA. This includes claims for additional compensation (such as permanent impairment and incapacity payments).

“Section 24A VEA has specific provisions which apply to TPI matters in certain circumstances. Where in the marked-up MRCA MK2 Draft is this provision mirrored? It appears from a solid look, there is no cross-vesting.” 
(Webinar 3 April 2024)

Existing DCP will continue under the VEA, thus the DCP provisions (including 24A) are not replicated in the MRCA. The update to section 24A maintains the exemption for intermediate or special rate DCP recipients from having to comply with the work tests for those pensions while they are undertaking DVA rehabilitation.

“Reading MRCA act if you accept a lump sum payment it affects regular payments. Currently under DRCA and have accepted some lump sum payments as that was all that was available under PI. If I get another claim through or a reassessment of condition that allows me to get the points for all conditions. If I get to SRDP level, does the lump sum payments affect the SRDP payments?” 
(Webinar 9 April 2024)

MRCA lump sum payments do not impact payments under DRCA, VEA or incapacity payments.    SRDP however takes into account any PI, DCP or commonwealth funded superannuation.  Further information on SRDP benefits can be found at:   https://www.dva.gov.au/get-support/financial-support/income-support/support-when-you-cannot-work/pensions/disability-compensation-payments-and-allowances/special-rate-disability-pension.

“I have multiple recognised injuries with 100% pension, why is it so hard to get and apply for TPI? Doctor are reluctant to sign documents.” 
(Webinar 9 April 2024)

The VEA has an "alone" test for a TPI claim meaning that it must be the veteran's VEA service related condition/s alone which prevent a veteran from undertaking remunerative work.  This may be a challenge for veterans who have liability accepted under multiple Acts.

Under MRCA, there are two benefits available for those with an inability to work - incapacity benefits and SRDP.   From 1 July 2026, all current VEA/DRCA only veterans will have an ability to claim and/or be assessed for these benefits under MRCA. There is no alone test for either benefit under MRCA, the medical requirement is that service related condition/s (under any Act) contribute to an inability to work.

“How will a TPI veteran be treated if a review is done after 2026 and if a veteran wants try to return to work who is TPI under VEA? If VEA is an entitlement what is MRCA?”
(Webinar 17 April 2024)

The safety net arrangements will continue to be available for TPI veterans who secure remunerative work through a DVA rehabilitation program.

“I have lived overseas for 10 years and I am a TPI under the VEA. As an overseas resident, I only receive medical reimbursement for accepted conditions. So despite receiving the maximum compensation as a TPI, I do from time to time need to additional claims for liability when the new condition can be linked to a prior existing condition by the SOP. I am not looking for any additional compensation payments for submitting new claims but am interested getting medical bills paid for the new accepted conditions. Will the new ACT make it more administratively more difficult for me to get these additional condition approved?”
(Webinar 17 April 2024)

Any new condition/s claimed from 1 July 2026 will be assessed for liability under the MRCA irrespective of when and where the veteran served, or when their injury or illness occurred.  Treatment for any new condition accepted under MRCA can then be accessed and reimbursed as it is currently.

Process improvements to assist with timeliness and consistency in claims determination will also be implemented. For example the introduction of ‘presumptive liability’ which means the Repatriation Commission would be able to specify injuries and diseases that can be determined on a presumptive basis where they are known to have a common connection with military service, allowing for greater efficiency in administering entitlements for veterans. There is no requirement under the MRCA to reassess impairment levels when determining a liability claim, so the process should be straightforward.

Dependent Benefits Related Questions

“Will a TPI veteran’s wife also come under grandfathering after July 26?” 
(Webinar 3 April 2024)    

Any dependent partner of a current TPI will automatically be granted a VEA war widow/ers pension as they do now. However, from 1 July 2026 they will also be able to apply under MRCA and, if the veteran's death is determined as service related, they can transition to MRCA dependant benefits which include the ability to receive a lump sum and higher funeral payments.

“Are bereavement payments remaining for VEA families?” 
(Webinar 3 April 2024)    

Bereavement payments under VEA and MRCA are remaining and are not impacted by the proposed changes.

“A war widow under DRCA has been paid a lump sum - after 1 July 26 can they be considered for a war widow gold card?” 
(Webinar 3 April 2024)    

Any dependant who has received death-related compensation under the VEA or DRCA will not be eligible for additional benefits under MRCA. Therefore, a DRCA widow will not receive a gold card after 1 July 2026.

“Will the VEA Funeral Allowance now be indexed either 6 monthly or yearly?” 
(Webinar 3 April 2024)    

Whilst there has been an increase in the VEA funeral benefit amount to $3,000, this benefit will not increase annually.

“Under the new MRCA when the veteran dies does the widow receive a war widows’ pension & gold card?” (Webinar 9 April 2024)    

From 1 July 2026 all dependants will be able to apply under MRCA and, if the veteran's death is determined as service related, will receive MRCA dependant benefits which include the gold card, and the ability to receive a lump sum and higher funeral payments.

For the dependent partner of a current EDA/TPI they will automatically be granted a VEA war widow/ers pension as they do now. However, from 1 July 2026 they will also be able to apply under MRCA and, if the veteran's death is determined as service related, they can transition to MRCA dependant benefits which include the gold card, and the ability to receive a lump sum and higher funeral payments.

“Currently veteran who is in receipt of 100% DCP, and then can only work 50% of their normal hours can currently submit an application for increase and receive the intermediate rate under the VEA. If the veteran passes away their partner would be auto granted the war widow/widowers pension and a gold card regardless of the cause of death. Will these entitlements for the surviving partner be preserved after the reform?”  (Webinar 17 April 2024)

Any veteran receiving DCP at the Intermediate Rate will be grandparented under the Single Ongoing Act. There is no Intermediate Rate equivalent payment under MRCA, however a veteran who is unable (or has a reduced ability) to work because of a service related condition may be eligible for incapacity payments.

Any dependent partner of a current Intermediate Rate veteran will automatically be granted a VEA war widow/ers pension as they are now. However, from 1 July 2026 they will also be able to apply under MRCA and, if the veteran's death is determined as service related, they can transition to MRCA dependant benefits which include the ability to receive a lump sum and higher funeral payments.

“Could you please confirm TPI and EDA Veterans with VEA service, would not be entitled to the reimbursement of $14,062 unless the death of the Veteran was caused by an accepted condition, but would instead receive a $3,000.00 allowance for funeral costs?” (Webinar 17 April 2024)

Automatic death benefits, including the $3,000 funeral payment, will continue to be granted for eligible VEA veterans after 1 July 2026.

However, from 1 July 2026 they will also be able to apply under the MRCA and, if the veteran's death is determined as service related, they can transition to MRCA dependant benefits which include the ability to receive lump-sum compensation and higher funeral payments.

“Is voluntary death in hospital considered anywhere within act?”
(Webinar 17 April 2024)

Voluntary assisted dying is administered and managed by the States under state-based legislation therefore it has not been specified in the new legislation. For DVA purposes in relation to death claims, the death is to be considered to be a result of the underlying terminal condition that caused the person to pursue assisted dying.

Compensation entitlements for dependants will be assessed with reference to the terminal condition set out on the veteran's death certificate.  Where the terminal condition that was the grounds for the veteran accessing voluntary assisted dying is an accepted disability (or subsequently determined to be service-related) the dependants will be eligible for compensation according to the standard MRCA death claims processes.

Grandparenting Related Questions

“Will those under VEA/DRCA who are grandfathered after the 1st July 2026 have the option of moving to the new MRCA should they so choose?”
(Webinar 3 April 2024)    

There is no election or choice. Veterans will be grandparented on their existing benefits and any new compensation claims lodged on or after 1 July 2026 will be considered under MRCA.

“Will the War Widows pension entitlement (of a dependant of the VEA Disability Compensation Payment at the Special Rate recipient) remain in place?” 
(Webinar 3 April 2024)    

Any dependent partner of a veteran receiving DCP at the Special Rate will automatically be granted a VEA war widow/ers pension as they do now. However, from 1 July 2026 they will also be able to apply under MRCA and, if the veteran's death is determined as service related, they can transition to MRCA dependant benefits which include the ability to receive a lump sum and higher funeral payments.

“Will my VEA Disability Compensation Payment (Special Rate) continue to be indexed twice a year (March and September)?” 
(Webinar 3 April 2024)    

Indexation of VEA DCP payments will continue unaffected following the commencement of the single Act.

“The big question, will this bill ensure no one is worse off (why there are multiple legislation now)?” 
(Webinar 3 April 2024)    

No veterans or family members will experience a reduction in the payments they are already receiving. The proposed single Act model will provide the entire veteran community with access to the range of benefits available under the improved MRCA, even if their service is currently covered by the DRCA or VEA.

Previously, differences between the Acts have led to inconsistent outcomes for veterans and families who were experiencing similar circumstances. The Government is confident that the package of benefits will be more beneficial to the veteran community overall, and will be fairer and more consistent than the current tri-Act system.

“Is there a guarantee that NO entitlements will be lost / minimised / reduced / eliminated?” 

(Webinar 3 April 2024)    

No veterans or family members will experience a reduction in the payments they are already receiving. The proposed single Act model will provide the veteran community with access to the range of benefits available under the improved MRCA, even if their service is currently covered by the DRCA or VEA.

Previously, differences between the Acts have led to inconsistent outcomes for veterans and families who were experiencing similar circumstances. The Government is confident that the package of benefits will be more beneficial to the veteran community overall, and will be fairer and more consistent than the current tri-Act system.

“How is it fair that under the new legislation some veterans will be taxed and others will not be taxed? This appears to be a sign of a 'two tier' system continuing for the next 50-60 years. 

Why doesn't the government simply place everyone onto MRCA or VEA and not allow grandfathering?” 

(Webinar 9 April 2024)

The Government recognises that there are those in the veteran community who wish to continue receiving their entitlements without any disruption to their current payments. The introduction of ‘grandparenting’ provisions in the Bill ensures that this can occur. The provisions also allow for payments being received to be indexed as they are currently. Subject to passage of the Bill, all claims for new conditions (as well as claims for worsening of previously accepted conditions) which are lodged on or after 1 July 2026 will be considered and compensated under the MRCA, noting that any underlying payments being received in connection with the veteran’s VEA/DRCA claims will remain. With regard to your comments about the ‘two-tier’ tax system for veterans, it is important to note that the tax status of these payments reflect the nature of the payments, one being income replacement in nature which includes tax, and the other being compensation for functional loss which is non-taxed as set out in the Income Tax Assessment Act 1936. 

Treatment Cards Related Questions

“With all acts coming under a single act, will that mean those covered under DRCA be able to get a Gold Card?” 

(Webinar 3 April 2024)    

Veterans currently in receipt of compensation under the DRCA and/or the VEA will continue to receive these payments, but may qualify for other benefits such as the Veteran Gold Card, Special Rate Disability Pension (SRDP), and the education scheme under the MRCA if they meet the eligibility criteria. These veterans can access these benefits only upon the acceptance of a new claim for liability under the MRCA or where there has been a deterioration in a veteran’s impairment that constitutes at least five impairment points under the MRCA since their last assessment.

“Does the gold card remain automatic at age 70 for warlike service, as it is currently?” 

(Webinar 3 April 2024)    

Gold cards for veterans over the age of 70 with qualifying service will continue unaffected in the VEA following the commencement of the Single Ongoing Act.

“My wife is completely under DRCA and therefore can only qualify for a white card despite some significant accepted conditions. If she has any further claims accepted post Jul 26 will all of her previously accepted conditions be tallied with her new condition and potentially obtain a gold card under VETS?” 
(Webinar 9 April 2024)    

Veterans currently in receipt of compensation under the DRCA and/or the VEA will continue to receive these payments, but may qualify for other benefits such as the Veteran Gold Card, Special Rate Disability Pension (SRDP), and the education scheme under the MRCA if they meet the eligibility criteria. These veterans can access these benefits only upon the acceptance of a new claim for liability under the MRCA or where there has been a deterioration in a veteran’s impairment that constitutes at least five impairment points under the MRCA since their last assessment.

“Can a veteran currently on DRCA be re-assessed for a gold card post July 26?” 
(Webinar 9 April 2024)    

Veterans currently in receipt of compensation under the DRCA and/or the VEA will continue to receive these payments, but may qualify for other benefits such as the Veteran Gold Card, Special Rate Disability Pension (SRDP), and the education scheme under the MRCA if they meet the eligibility criteria. These veterans can access these benefits only upon the acceptance of a new claim for liability under the MRCA or where there has been a deterioration in a veteran’s impairment that constitutes at least five impairment points under the MRCA since their last assessment.

“I have a white card and am not eligible for a gold card as my conditions are covered by DRCA and VEA. Under the revised legislation, can I make a new claim for a gold card under MRCA - I can be rated at over 80 points?” 
(Webinar 17 April 2024)

Under the MRCA, veterans can access gold cards via a permanent impairment assessment (60+ points) or SRDP eligibility. VEA and DRCA veterans will be able to access these benefits only upon the acceptance of a new claim for liability under the MRCA or where there has been a deterioration in a veteran’s impairment that constitutes at least five impairment points under the MRCA since their last assessment. Any impairment from the VEA and DRCA accepted conditions will count towards the required points threshold for each benefit. 

“Will an RAN veteran of over 25 years service currently receiving 70% disability pension under the VEA with no War Service with the RAN but War service with the Royal Navy alongside Australian Servicemen, be entitled to a Gold Card under the new act?” 
(Webinar 17 April 2024)

British and other allied veterans, even those with war service, will not be eligible for Gold Cards under the proposed bill.  However, those veterans with the Australian Defence Force service will be eligible for benefits under the MRCA including the Gold card if they meet the relevant criteria.

“Is National Service in A Res being considered for Gold Card?” 
(Webinar 17 April 2024)

No, the proposed bill does not extend gold card eligibility for any veteran other than those granted ADA eligibility. 

National Servicemen will however be able to claim benefits, such as PI or ADA, which could lead to gold card eligibility.

Service Pension Related Questions

“Will the definitions of “Veteran” and/or “Qualifying Service” in regard to Service Pension eligibility, change under the new legislation?” 
(Webinar 9 April 2024)    

There are no variations to the definition of qualifying service for Service Pension eligibility. These will continue unaffected in the VEA following the commencement of the Single Ongoing Act.

VEA operational service definitions and other VEA service eligibilities are being moved to MRCA so that there is continued coverage for these cohorts.

“If Service Pension is not being transferred to MRCA, when a current VEA client reaches pension age after Jul 26, can they still transfer the Aged Pension from Centrelink to DVA?” 
(Webinar 9 April 2024)    

Currently DVA is able to pay the Service Australia's Age Pension to veterans (and their partner) where the veterans is receiving a Disability Compensation Payment. This enables veterans to receive their income support and compensation payments from the one agency. There are no proposed changes to this arrangement.

For veterans with Qualifying Service they continue to be able to apply and be paid Service Pension from DVA.

Other

“Advocates and Delegates will need some retraining. What steps would DVA propose to take to deliver this training?” 
(Webinar 3 April 2024)

Training will be delivered for both DVA delegates and advocates well before commencement of the new arrangements. This will ensure advocates can provide advice to veterans of their options prior to commencement.

“Will all veterans be entitled to the same NLHC?” (Webinar 3 April 2024)    

There are no changes being made to existing Non Liability Health Care (NLHC) coverage. The only update is moving NLHC from the VEA to the MRCA.

For further information on NLHC coverage please see:

• Mental Health care
• Cancer & Pulmonary TB care

“Will the new Act facilitate processing of service provider quotes and invoices via the Health Insurance System?” 
(Webinar 3 April 2024)    

Incorporating health fees into the Health Insurance System is not within the scope of legislation reform.

“What will happen with the RAP when we move to the new MRCA?” 
(Webinar 3 April 2024)    

There are no changes to the Rehabilitation Appliance Program (RAP) and the current provisions will continue under the MRCA treatment principles.

“Opening up the types of treatment to come in line with the definition in the legislation.” 
(Webinar 3 April 2024)    

Reviewing types of treatment is not within scope of legislation reform.

“Health Insurance System mentioned is the IT system used by service providers (eg Doctors and others) for quotes processed by insurers and invoices which reveal gap payments to be paid by patients.” (Webinar 3 April 2024)    

Incorporating health fees into the Health Insurance System is not within the scope of legislation reform.

“Fee schedule in line with the higher rate as paid by NDIS?” 
(Webinar 3 April 2024)    

Review of fee schedules are not within scope of legislation reform.

“What about travel to medical appointments for bereaved partners (much like war widows currently able to get travel with a GC)? Will there be any restrictions?” 
(Webinar 9 April 2024)    

This is provided under the Booked Car With Driver system (BCWD) which will continue post 1/7/26

“Is it correct that if a condition has previously been compensated (under DRCA) that if that condition worsens and the veteran applies for reassessment - and it is accepted under the MRCA - they are not eligible for treatment?” (Webinar 9 April 2024)    

No, this is not the case. Treatment will be able to be accessed for all service related conditions.

“What training is proposed for advocates going forward?  Will that training be transgressed through ATDP and how soon would that training commence?” 
(Webinar 17 April 2024)

Training will be delivered to advocates well before commencement of the new arrangements. This will ensure advocates can provide advice to veterans of their options prior to commencement.   

“The Royal Commission and many other sources have highlighted historical inadequate medical treatment and poor medical record keeping throughout the ADF. How does this new legislation deal with this important issue?” 
(Webinar 9 April 2024)

The Veterans’ Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024 will help fulfil key recommendations from the Royal Commission’s Interim Report. Specifically, the Bill will help simplify and harmonise veteran compensation and rehabilitation legislation, and help improve the administration of the claims system.

Information sharing provisions between the Department of Defence and DVA are also being improved as part of the Bill. These provisions will help streamline the information sharing processes between the Commission, the Department of Defence and the ADF to support efficient investigation and determination of compensation claims.

DVA has a leading role in the current reform process as the associated Bill is aimed at simplifying the legislation administered by DVA. Other concerns highlighted by the Royal Commission that aren’t within the scope of DVA’s accountability (for example, record keeping in the ADF) may be addressed by the appropriate agencies.

“Currently my TPI pension is spilt between DVA and Centrelink (which I find most frustrating) Will this reverse back to DVA being the sole provider of my pension?” 
(Webinar 17 April 2024)

Veterans receiving a Disability Compensation Payment (including TPI) from DVA can transfer their Services Australia Age Pension to DVA so both their payments are managed and paid by DVA. However, this arrangement only exists for the Age Pension. For more information see - https://www.dva.gov.au/get-support/financial-support/income-support/support-when-you-cannot-work/pensions/social-security-age-pension-overview.

“I see you have not brought POW recognition into Warlike Operational Service. Only WAR and 3 areas 2 in WW2 and 1 in Korea ending '56. DVA website AKN an interned by enemy yet not able to be a POW. We have many interned who cannot even be recognised, and therefore no support and services.”  
(Webinar 17 April 2024)

The proposed bill maintains the current definitions and arrangements for POWs.  Some aspects are moving to the MRCA however there is no extension of coverage.

“Is DVA looking at bringing NLHC forward for Operational Service, noting that at age 60 they are issued a Gold Card for ALL Conditions NLHC? There is a case for doing so as it will remove the need for a claim for compensation to be raised so as to access health support, which will be picked up by DVA at 60, or due to not being able to facilitate the support themselves the condition becomes compensational limit. My case, 2008 Qualifying service and declined a claim as below compensation limit, 2018 it was significantly worse and permanent incapacity at great expense to the Veteran, Family and now DVA too.” 
(Webinar 17 April 2024)

Gold cards issued based on Qualifying Service and/or Service Pension eligibility are not impacted by the Single Ongoing Act. 

There are no changes being made to existing Non Liability Health Care (NLHC) coverage. The only update is moving NLHC from the VEA to the MRCA.

For further information on NLHC coverage please see:

Mental Health care - https://www.dva.gov.au/get-support/providers/programs/mental-health-care

Cancer & Pulmonary TB care - https://www.dva.gov.au/get-support/providers/programs/cancer-pulmonary-tb-care