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Veteran's Pensions - Appeals
Appeals from Veteran's Review Board
Legal aid is available, subject to Merit Test B and the Veteran's general guidelines for matters arising under a Commonwealth statute relating to decisions affecting the receipt or quantum of a Commonwealth pension, benefit or allowance, including war veterans' matters.
War Veteran's Matters
Aid may be granted to war veterans or their dependants in connection with appeals from decisions of the Veterans' Review Board in respect of war-caused disability pension entitlement or assessment claims under Part II of the Veterans' Entitlements Act 1986.
Such aid shall not be subject to the means test nor any contribution (except by way of costs recovered), but shall be subject to Merit Test B.
Legal aid is not available
- until there has been an adverse determination, in the matter for which legal aid is sought, by the Repatriation Commission
- in non-psychiatric claims where a finding of no incapacity has been made, unless the applicant furnishes at his or her own expense a medical opinion verifying the existence of the condition alleged
- in entitlement matters where the applicant is already in receipt of 100% of the general rate of pension except where the claim is a means to achieving an additional financial benefit.
No Contributions payable
- Payments under s.33(2) of the Legal Aid Commission Act 1979 (except as may arise by operation of the non-psychiatric claims guideline above) and payments under s.46 of the Act are not levied in veterans' pension matters (except by way of costs recovered).
- Contributions under s.36 of the Act are not levied in veterans' pension matters.
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