The implementation of the rewrite of the War Pensions Act 1954 (renamed The Veterans Support Act) and the implications of a recent NZ High court decision “Te Va vs Secretary of War Pensions”.

 

At the High Court hearing, Judge Whata found that the majority of disability applications which have been denied and turned down over the past six to seven years had been done in contravention of the War Pensions Act 1954, Section 17 & 18. Several thousand of these claims can now, and should be revisited, for those still alive.

There is a time factor involved due to the restructure into two schemes of the updated Veterans support Act. This “Act” is separated into two schemes. Scheme One, covers qualifying service from WW11 through to 1974 from when ACC coverage was introduced.

Royal Assent to pass the new ‘Act” was given 7 August 2014.

Scheme One, will come into effect four months later on 7 December 2014.

Scheme Two, will come into effect 7 December 2015. Veterans Affairs will need to be notified of any intention of revisiting previously denied applications under the War Pensions Act 1954 prior to the 7 December 2014, otherwise, new applications will have to be submitted under the “Veterans Support Act 2014”.

Scheme One generally covers all overseas operational military service prior to 1974 but also covers disabilities which can be proved to be attributable to military service in New Zealand including CMT and National Service injuries.

Scheme Two relates comparatively to military service since 1974, but has been tied to the introduction of ACC cover.(Timor Leste, Bougainville, Afghanistan etc.)

It is expected and hoped that after the extensive consultations and the Memorandum of Understanding, the Veterans Support Act will provided better access and service to the Veteran community than its predecessor- but that remains to be seen and proven.

Steps towards submitting new claims, reviews or revisiting previously declined claims, are recommended as follows:

Step 1: Inform or keep your spouse or partner in the loop as they will give you a shove along and get on your case if you start giving it a miss. (Remember if you fall off the twig, your better halfs’ need to have access to their entitlements under the Act., so get off your butt.)

Step 2: Get to your nearest RSA Pensions and support Advisory Officer-(Used to be Welfare). They have the necessary forms, understand the process, and they will guide you through filling them in correctly.

Step 3: Take your (filled in) forms and arrange a consultation with your GP doctor to complete the diagnostic part of the applications (step 3a: If the doctor is not helpful get another doctor who is.)

Step 4. Return with your completed forms to your RSA Pension Support Officer who will check the details to ensure all is ready for processing and mail them off to Veterans Affairs, who will appoint a case manager as required. The communications between VANZ and the Pension Support Officers is smooth – much easier than trying to D.I.Y.

If you follow those simple guidelines you can be assured of receiving all available assistance and advice. Hopefully it will keep you off my back as well, although I am available, that is if you can find where I am hiding.

 

John Sturgess.