220.127.116.11 Payability of BVA
Note: BVA closed to new entrants on 20 March 2020. Those receiving BVA before 20 March 2020 may continue to receive the payment until the end of their bereavement period, as long as they remain eligible. From 20 March 2020, BVA recipients who require income support at the end of their bereavement period can claim JSP or another income support payment.
Even though a person is qualified, BVA is NOT payable to a person in the circumstances listed in the following table. If more detail about the circumstance is required, the second column indicates where you will find this.
|BVA is NOT payable.|
18.104.22.168 Newly arrived resident's waiting period (NARWP)
22.214.171.124 Exemptions from waiting periods
|Allowance is not payable before the start day.||8.3 Start Days|
|All the general payability provisions.||3.1.6 General payability provisions|
Income & assets testing
Payment of BVA is subject to the ordinary income test and the assets test.
For people who are employed, the following table explains the treatment of income:
|If the person is …||then income from employment …|
|working||is assessed as income under the income test.|
|on leave with pay||including lump sum leave payments for the period of leave, is converted to an annual rate of income and the normal income test is applied.|
|on leave without pay||does not exist, and cannot be assessed.|
Multiple entitlement exclusion
BVA is NOT payable to a person:
- who is already receiving a DVA service pension, OR
- when another social security pension, social security benefit, or service pension becomes payable, OR
- who is an armed services widow/er in receipt of a pension under the VEA.
Act reference: SSAct section 23(1)-'social security benefit'
SSAct pre-20 March 2020 section 23(1)-'social security pension', section 321 Multiple entitlement exclusion
Employment income nil rate period - an incentive to take up work
A BVA recipient who loses payment because of ordinary income (1.1.O.30), made up entirely or partly of employment income (1.1.E.102), may qualify for an employment income nil rate period. To assess qualification for an employment income nil rate period see 3.1.12.
During the employment income nil rate period a BVA recipient can:
- be paid certain supplementary benefits, and
- retain their PCC, and
- have their payment resumed if they report a fall in income sufficient for BVA to be payable again.
Explanation: This policy provides incentives for recipients to take up work, particularly casual or short-term work.
Act reference: SSAct section 23(4A) Despite subsection (4)…, section 23(4AA) For the purposes of subsection (4A)…, section 1061ZEA Further extended qualification rule: loss of payment because of employment income
From 1 January 2019 changes were made to the NARWP for BVA. A person who is granted a permanent visa on or after 1 January 2019 is subject to a 208 week NARWP for BVA. A person who was a holder of a permanent visa before 1 January 2019 is not subject to a 104 week NARWP, but is still subject to the 104 week qualifying residence requirements (126.96.36.199).
Note: Different payments have different waiting periods. The length of the NARWP depends on a person's situation and payment type. A person who has fully served a NARWP for one payment may still be serving a NARWP for other payments. Refer to specific payment guide topics for individual rules.
Exemptions for the NARWP
There are a number of exemptions from the NARWP for BVA, and situations where a NARWP does not apply (see 188.8.131.52 for details). This includes:
- Australian citizens
- refugee, former refugee or a family member of a refugee.
Act reference: SSAct pre-20 March 2020 section 322 Newly arrived resident's waiting period, section 323 Duration of newly arrived resident's waiting period
Policy reference: SS Guide 184.108.40.206 Qualification for BVA, 1.1.N.70 Newly arrived resident's waiting period (NARWP), 220.127.116.11 Newly arrived resident's waiting period (NARWP), 18.104.22.168 Exemptions from waiting periods