Pension for orphans and war widow(er)s
This page provides a description of war widow(er)’s pension and orphan’s pension available under the Veterans' Entitlements Act 1986 (VEA), who can claim, and how to make a claim.
On this page
- What are the war widow(er)’s pension and orphan’s pension?
- Who can make a claim?
- When are these pensions automatically granted?
- When are these pensions not automatically granted?
- How do I claim?
- Are these pensions taxed?
- What happens to the pension if I remarry or enter into a de facto relationship?
- What other benefits and services are available?
- Related Pages
What are the war widow(er)’s pension and orphan’s pension?
These are pensions paid under the VEA to compensate widowed partners and dependent children of veterans who have died as a result of war service or eligible Defence service. War widow(er)’s pension and orphan’s pension are not affected by other income, except other compensation payments.
For information on the current rates of war widow(er)’s pension and orphan’s pension payable under the VEA, see Disability Compensation Payment and War Widow(er)’s Pension Rates and Allowances.
Recipients of war widow(er)’s pension and orphan’s pension are issued with a Veteran Gold Card. This card entitles you to a range of health care for all conditions within Australia.
War widows and war widowers may be entitled to Income Support Supplement – an income- and assets-tested pension that provides additional regular income.
War widows and war widowers may also be entitled to receive the Energy Supplement.
Who can make a claim?
The following people can claim this pension:
- a widow or widower – a person who was legally married to, or was in a de facto relationship with, an Australian veteran immediately before the veteran’s death and has not since remarried, married or entered into a de facto relationship with another person
- a dependent child – the natural or adopted child of a veteran, or a child who was wholly or substantially dependent on the veteran. The child must be under 16 years, or under 25 years and still undertaking full-time study. Orphan’s pension may not be payable if the child is aged 16 years or over and is in receipt of Australian Government educational assistance through: Youth Allowance, Assistance for Isolated Children Scheme, ABSTUDY, Post-Graduate Awards Scheme, or the Veterans’ Children Education Scheme .
When are these pensions automatically granted?
A pension will be granted to a dependant automatically, without the need for further investigation, if the veteran was any of the following:
- an ex-prisoner of war
- receiving the Extreme Disablement Adjustment
- receiving a Disability Compensation Payment at the Special Rate (including a veteran who was in receipt of a Special Rate Disability Compensation Payment for blindness in both eyes), or
- receiving a Disability Compensation Payment at the Intermediate Rate or
- receiving a Disability Compensation Payment at the Temporary Special Rate
- receiving the Additional Disability Compensation Payment for a specific disability.
When are these pensions not automatically granted?
In all other cases a claim needs to be lodged with the Department before any pension is granted.
A pension will be granted to an eligible widowed partner or dependent child once the veteran's death is determined to have been caused by war or eligible Defence service.
If you lodge a claim for the war widow(er)’s pension within 6 months of the death of the veteran and are deemed eligible, your pension will be backdated to the day after the date of death of the veteran. If the claim is lodged more than 6 months after the death of the veteran, the pension is backdated 3 months from the date the claim is received by DVA.
When a veteran passes away, their Veteran Gold Card is not transferred to the surviving partner or any other dependant. Partners and other dependants who are eligible to receive the Veteran Gold Card are issued with one in their own right.
Back to topHow do I claim?
Unless the war widow(er)'s pension and/or orphan's pension is automatically granted, you need to complete the below form and return it to DVA.
Claim for Pension by a Widow, Widower or other Dependant of a Deceased Veteran
You can get DVA forms from your nearest DVA office or from the DVA website.
When completing the form, you must state the reason you think the veteran’s death was related to service. You should provide as much information as you can about the doctors and hospitals that treated the veteran. You should also provide a copy of the veteran’s death certificate if you have it.
What if I need help filling out the form?
Preparing a claim for war widow(er)’s pension or orphan’s pension can be complex, so we strongly encourage you to seek assistance.
Ask your ex-service organisation, as most have advocates who can help you with the claim. Alternatively, you can find an advocate by visiting the Advocate Register, or contact DVA for assistance.
How are claims decided?
When you lodge a claim for a war widow(er)’s pension or orphan’s pension, the DVA staff member (known as a delegate) will gather evidence about your claim. The evidence includes documents of the veteran’s service history, medical history and, in some cases, personal history.
A delegate will examine this evidence to see whether the circumstances of the veteran’s case satisfy the relevant Statements of Principles (SoPs). We use the SoPs to connect the veteran’s condition or death to service.
If the claim satisfies one or more of the factors in the SoP, the delegate will determine that the veteran’s death was war or Defence-caused. Where there is no SoP for the condition that caused the veteran’s death, the delegate will determine your claim by reference to the best medical evidence available.
How long does it take DVA to consider a claim?
Claim processing can take up to 2 months or longer depending on the complexity of the case, particularly where there is a requirement to get coroner’s notes or hospital and/or nursing home records.
This processing time is required to:
- get copies of service documents if the veteran had not previously claimed a benefit
- get information from the veteran’s doctor about the conditions being treated prior to death
- ask you, or your representative, for information about the veteran’s personal history, if it is relevant to the claim.
How will I be told of the decision about my claim?
The delegate will write to you to tell you. In the letter, they will explain how they reached the decision. The letter will also tell you what to do if you are not satisfied with the decision.
Back to topAre these pensions taxed?
War widow(er)’s pension and orphan’s pension are not taxed. There is no need to declare them as income in your tax return.
Back to topWhat happens to the pension if I remarry or enter into a de facto relationship?
Your pension will not be affected.
Back to topWhat other benefits and services are available?
War widows and war widowers may also be entitled to concessions on the costs of public and private transport services and utilities such as gas and electricity. Contact the office of the service provider to enquire about your entitlement to concessions.
Dependent children of veterans whose death has been accepted as war-caused may be entitled to a range of benefits, including financial assistance and counselling from the Veterans’ Children Education Scheme.
DVA may pay a funeral benefit to assist with the cost of the funeral of a veteran whose death has been accepted as war-caused.
A veteran whose death has been accepted as being war-caused is entitled to official commemoration.
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