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VETERANS' ENTITLEMENTS ACT 1986 - SECT 118V

Eligibility for seniors health card

             (1)  A person is eligible for a seniors health card if the person:

                     (a)  is a veteran; and

                     (b)  has rendered qualifying service; and

                     (c)  has reached pension age; and

                     (d)  is an Australian resident; and

                     (e)  is either:

                              (i)  in Australia; or

                             (ii)  temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and

                      (f)  is not receiving a service pension; and

                     (g)  is not receiving a social security pension or benefit; and

                     (h)  satisfies the seniors health card income test.

Note 1:       For qualifying service see section 7A.

Note 2:       For Australian resident see section 5G.

Note 3:       For seniors health card income test see section 118ZZA.

Note 4:       For pension age see section 5QA.

Note 5:       For temporarily see section 5Q.

          (1A)  A person is eligible for a seniors health card if the person:

                     (a)  is a war widow or a war widower; and

                     (b)  has reached qualifying age; and

                     (c)  is an Australian resident; and

                     (d)  is either:

                              (i)  in Australia; or

                             (ii)  temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and

                     (e)  is not receiving income support supplement; and

                      (f)  satisfies the seniors health card income test; and

                     (g)  is not eligible for a seniors health card under subsection (1).

Note 1:       For Australian resident see section 5G.

Note 2:       For seniors health card income test see section 118ZZA.

Note 3:       For war widow and war widower see subsection 5E(1).

Note 3A:    For temporarily see section 5Q.

Note 4:       For qualifying age see section 5Q.

Partner of person eligible for card under subsection (1)

             (2)  A person is eligible for a seniors health card if:

                     (a)  the person is a member of a couple; and

                     (b)  the person's partner is eligible for a seniors health card under subsection (1); and

                     (c)  the person has reached:

                              (i)  if the person is not a veteran--pension age; or

                             (ii)  if the person is a veteran--the age that would be the pension age for that person if he or she were not a veteran; and

                     (d)  the person is an Australian resident; and

                     (e)  the person:

                              (i)  is in Australia; or

                             (ii)  is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and

                      (f)  the person is not receiving a service pension; and

                     (g)  the person is not receiving a social security pension or benefit; and

                     (h)  the person satisfies the seniors health card income test; and

                      (i)  the person is not eligible for a seniors health card under subsection (1) or (1A).

Note 1:       For member of couple and partner see section 5E.

Note 3:       For Australian resident see section 5G.

Note 4:       For seniors health card income test see section 118ZZA.

Note 5:       For pension age see section 5QB.

Note 6:       For temporarily see section 5Q.

             (3)  A person is eligible for a seniors health card if:

                     (a)  the person is:

                              (i)  the non‑illness separated spouse of a person who is receiving an age or invalidity service pension; or

                             (ii)  the non‑illness separated spouse of a person who is eligible for a seniors health card under subsection (1); or

                            (iii)  a widow or widower of a veteran; and

                     (b)  the person is eligible for a partner service pension; and

                     (c)  the person has reached:

                              (i)  if the person is not a veteran--pension age; or

                             (ii)  if the person is a veteran--the age that would be the pension age for that person if he or she were not a veteran; and

                     (d)  the person is an Australian resident; and

                     (e)  the person:

                              (i)  is in Australia; or

                             (ii)  is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and

                      (f)  the person is not receiving a service pension; and

                     (g)  the person is not receiving a social security pension or benefit; and

                     (h)  the person satisfies the seniors health card income test; and

                      (i)  the person is not eligible for a seniors health card under subsection (1) or (1A).

Note 1:       For non‑illness separated spouse , widow and widower see subsection 5E(1).

Note 2:       For veteran see subsection 5C(1).

Note 3:       For pension age see section 5QB.

Note 4:       For Australian resident see section 5G.

Note 5:       For seniors health card income test see section 118ZZA.

Note 6:       For temporarily see section 5Q.

             (4)  A person is not eligible for a seniors health card at a particular test time if:

                     (a)  the person has failed to comply with section 118ZJA in respect of the reference tax year; or

                     (b)  where the person has made an estimate of taxable income for the reference tax year and the estimate was accepted--the person did not give the Commission a copy of a notice of assessment of the person's taxable income for that tax year within 12 months after the end of that tax year.

Note:          If a person is eligible for a seniors health card, the Commission must not determine that the person is entitled to the card if the person fails to comply with a request in subsection 128A(3) or (3A) (about provision of tax file numbers).

             (5)  In subsection (4):

"taxable income , test time and reference tax year" have the same meanings as in the Seniors Health Card Income Test Calculator.



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