Adding or updating a military invalidity pension income stream 108-24120314

Customers may receive disability benefits in the form of a Lifetime Invalidity Pension. A Lifetime Invalidity Pension paid from a defined benefit fund, is assessed as a defined benefit income stream (product type DEF).

The Federal Court of Australia’s decision in Commissioner of Taxation vs Douglas (2020) FCAFC 220 (the Douglas decision) found that certain invalidity pensions did not meet the definition of a defined benefit income stream. These are invalidity pensions which:

• started on or after 20 September 2007, even if backdated to an earlier grant date
• paid under:
• Military & Benefits scheme (MBS)
• Defence Force Retirement and Death Benefits scheme (DFRDB)

For invalidity pensions not paid by the above funds see Adding or updating a defined benefit income stream

The payments from a military invalidity pension income stream are defined by factors such as:

• an individual's age
• salary at retirement
• medical qualification
• level of medical qualification
• the number of years of service in the organisation, and/or
• by criteria determined by the fund's governing rules

A military invalidity pension income stream is not:

• a purchased income stream, or
• an income stream provided from self-managed superannuation funds (SMSFs) and small APRA funds (SAFs)

Military invalidity pensions are assessed from the date the person is notified of the approval of their policy, it is not the date the person applied for the benefit.

A lump sum arrears payment may be paid to cover the period before regular payments started. Sometimes going back many years to the date of discharge. For the period since notification of the approval, the arrears will be assessed as a military invalidity pension income stream.

Only the payment for the arrears payable before the notification of approval are assessed as a lump sum. See Income from personal injury insurance schemes and disability benefits for more information on assessing lump sum arrears.

This also applies to possible arrears on reclassification following a medical review.

The Douglas decision that certain invalidity pensions did not meet the definition of a defined benefit income stream. Legislation passed in May 2024 defined these affected income streams as military invalidity pensions.

The new assessment of a military invalidity pension income stream within the means test for income support payments is designed to produce the same result as the historical assessments as defined benefits, thereby having no impact on the income and asset assessment for these customers, retrospectively or ongoing.

The amendments included validation of the historical assessments as defined benefits.

Note: before a system release in December 2024, military invalidity pension (MYP) income streams were coded as defined benefit (DEF) income streams.

From December 2024 the military invalidity pensions (MYP) Product Type is to be used to assess these products. Identified invalidity pensions for current customers were converted from DEF to MYP after that system release.

When an existing income stream coded as a defined benefit is identified as a military invalidity pensions, they are to be converted to MYP with the existing details of the defined benefit.

For income streams started before 20 September 2007 they will continue to be assessed as a defined benefits income streams, unless they have a later medical reassessment which makes them subject to the Douglas decision and are to be reclassified as a military invalidity pension.

Military invalidity pension income streams are classified as asset-test exempt (ATE).

Gross income – (special reduction amount + other deduction amount) = assessable income

The special reduction amount is the tax-free component (TFC) of the income stream worked out under Subdivision 307 - C of the Income Tax Assessment Act 1997, if it were assumed that the military invalidity pension income stream is a superannuation income stream within the meaning of that Act.

The special reduction amount is uncapped for income streams relating to military service. These are paid by:

• Military & Benefits Scheme (MBS), or
• Defence Force Retirement and Death Benefits Scheme (DFRDB)

If the income stream is not related to military service, the special reduction amount is capped at 10% of the gross income received from the income stream.

Veterans in receipt of a military invalidity pension may also meet the medical qualifications for Special Rate Disability Pension (SRDP) payments paid under the Veterans' Entitlement Act (VEA) 1986. SRDP entitlements are reduced by Commonwealth Superannuation payments, at a rate of 60%. The superannuation that is used to determine the SRDP reduction amount is exempt income for Social Security purposes.

This reduction (offset) amount is shown in the CPI indexation advice letters sent to the SRDP recipient from Department of Veterans’ Affairs (DVA). If the result of the reduction was that SRDP was only payable at Nil rate but the veteran still elected to take it up, then the current reduction may need to be calculated. See Resources for more information.

Prior to December 2024, due to system limitations this SRDP reduction amount needed to be added to any Tax-Free Component coded. From December 2024 a new field called ‘Other Deduction Amount’ has been added to allow this to be coded separate to the Special Reduction Amount (previously Tax-Free Component).

Note: since 1 January 2022, SRDP payments are also exempt from the income test.

Depending on the agreement or court order involved, it is possible the superannuation fund has split the gross income and is only paying the customer their remaining share. For those cases no additional deduction is required. However, if the superannuation fund was unable to split the payment, then the fortnightly amount the customer must legally pay to the other party can be coded under other deduction amount to reduce the gross income assessed. For example: it may be a set amount of $200 per fortnight or could be 20% of the gross. See References for link to relevant instructions.

Once a determination is made and a FLS is either allowed or not allowed, this decision must be included in a DOC as per Online Document Recording (ODR).

Due to the complexity of these types of payments all income updates must only be completed if a schedule has been provided by Commonwealth Superannuation Corporations (CSC) for an invalidity pension from:

• Military & Benefits Scheme (MBS), or
• Defence Force Retirement and Death Benefits Scheme (DFRDB)

Details of income stream product (SA330), Defined Benefit Income stream Schedule and Military Invalidity Pension (SA438) or single page Military Invalidity Pension Income Stream Schedule for Centrelink assessment purposes or similar are acceptable

Updates should not be based on verbal advice or details showing within grant or CPI letters from CSC.

The Resources page has a link to the Military Invalidity Pension Income Stream Schedule for Centrelink assessment purposes.

The original recipient of the income stream may nominate a person to receive the income after their death, for example, their surviving partner. This person is the reversionary beneficiary.

On reversion to a reversionary beneficiary or partner, the military invalidity pension income stream:

• is assessed from the day after date of death of the primary beneficiary (usually the deceased partner), which is the date the customer (reversionary beneficiary) is entitled to receive the payments
• is treated as a continuation of the original income stream
• start date will be the same as the original income stream
• gross income may be reduced as the reversionary beneficiary may only receive a percentage of the pension paid to the primary beneficiary

There may be a gap between the death of the original beneficiary and the date the reversionary starts to receive regular payments. A lump sum arrears payment is made to the reversionary beneficiary to cover the gap. The lump sum is assessed as income from the income stream for the period to which it relates. This may result in a debt for that period if the customer has been receiving an income support payment.

Waiver provisions came into effect from 9 May 2018:

• where the lump sum arrears result in a debt during the bereavement period for the surviving spouse, and certain conditions are met
• only debts within the 14-week bereavement period can be waived under these rules

The 9 May 2018 rules are not retrospective. Any of the debts occurring before 9 May 2018 cannot be waived using these rules.

See the References page for a link to the legislation.

An automatic update is made to the customer's record if there are any changes to the customer's fortnightly gross income or fortnightly special reduction amount due to indexation. The data is provided to the agency as part of the Automation of Income Stream Reviews (AISR) process.

If a customer advises an update to their gross income amount, check if the agency received the information as part of a bulk update. The bulk updates reduce customer contact and reduce the risk of error. If the information on the record came from the income stream provider, the channel type on the latest update will be ISP.

• Customers can advise of a new military invalidity pension income stream via their Centrelink online account
• Customers cannot make changes to existing military invalidity pension income streams online

Manual handoff will occur where a customer advises of a new military invalidity pension income stream. A DOC with keyword OIAICS will start on the customer's record and a work item for staff manual action is created on the customer's record with the details provided by the customer. Staff can select the work item to process the update in Process Direct.

Requests for information to update income streams owned by a non-current partner are sent to the customer.

Where the customer or partner is unable, or unwilling, to provide information due to Family and domestic violence, escalate to AISR support. AISR support will escalate to arrange the request of the information directly from the provider.