Understanding the DVA 80 Points Child Payment
For many veterans and their families, navigating the Department of Veterans’ Affairs (DVA) compensation system can feel complex and overwhelming. One area that often causes confusion is the DVA 80 points child payment – an additional benefit available to certain veterans who are significantly impaired as a result of service-related conditions.
If you have reached 80 impairment points through DVA, or are close to that threshold, it is important to understand what additional entitlements may be available to you and your family.
What Is the DVA 80 Points Child Payment?
Under the Military Rehabilitation and Compensation Act 2004 (MRCA), veterans who have accepted service-related conditions assessed at 80 or more impairment points may qualify for additional compensation.
If that veteran also has eligible dependent children, they may be entitled to what is commonly referred to as the DVA 80 points child payment.
This payment recognises the broader financial impact that significant service-related injuries can have on a veteran’s family.
Importantly, this benefit is separate from your main impairment compensation and is not automatically granted in every case. Eligibility depends on meeting specific legislative criteria.
Who Is Eligible?
To qualify for the DVA 80 points child payment, you must generally:
- Be compensated under the MRCA
- Have accepted service-related conditions totalling 80 or more impairment points
- Have at least one eligible dependent child.
The definition of a dependent child can include:
- Biological children
- Adopted children
- Stepchildren
- In some cases, children under shared care arrangements.
To be eligible, the child must also be:
- Under 16 years of age, or
- Aged 16 – 25 and be enrolled in full-time education.
Eligibility can become complicated where family circumstances change, for example: separation, blended families or changes in care arrangements.
This is where seeking early advice from experienced DVA lawyers can make a significant difference.
How Are Impairment Points Calculated?
Impairment points are assessed using DVA’s impairment assessment process under the MRCA. Each accepted condition is assessed and allocated a number of points. These are then combined to determine your overall level of permanent impairment.
How the DVA determines this 80 point level of permanent impairment threshold is based on:
- Medical assessments
- Full consideration of the physical and mental health of the veteran
- The Severity and impact of the veteran’s service-related condition.
Reaching the 80-point threshold can significantly affect your overall entitlements, including:
- Permanent impairment payments
- Incapacity payments
- Eligibility for additional benefits such as the child payment
If you believe your conditions have worsened or additional conditions should be accepted, you may be entitled to seek a reassessment.
Common Issues We See
At TGB Lawyers, we regularly assist veterans who:
- Were unaware the DVA 80 points child payment existed
- Have reached 80 impairment points but have not received advice about child entitlements
- Disagree with their impairment assessment
- Need assistance appealing a DVA decision.
Unfortunately, the system does not always proactively inform veterans of every potential entitlement. That is why obtaining advice from experienced DVA compensation lawyers is critical.
Can You Claim the DVA 80 Points Child Payment Under DRCA or VEA?
The DVA 80 points child payment specifically arises under the Military Rehabilitation and Compensation Act 2004 (MRCA). Veterans compensated under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) or the Veterans’ Entitlements Act 1986 (VEA) may have different entitlements available.
If you are unsure which Act applies to you, or whether your level of impairment qualifies, it is important to obtain clear advice tailored to your circumstances.
How Do You Apply for the DVA 80 Points Child Payment?
Many veterans assume the DVA 80 points child payment is automatically applied once they reach 80 impairment points. Unfortunately, that is not always the case.
In practical terms, applying involves:
- Confirming your impairment threshold
You must have a formal permanent impairment determination totalling 80 points or more. If your rating is close to that threshold, a reassessment may be required.
- Ensuring your child meets DVA’s definition of a dependent
This may require providing documentation such as birth certificates, court orders, or evidence of schooling where the child is over 16 and in full-time education.
- Lodging or confirming your claim with DVA
Applications are generally made through DVA’s MyService portal or by submitting the relevant forms directly at a DVA office. In some cases, DVA will assess eligibility following an impairment determination but it is unwise to assume this will occur without follow-up.
If your circumstances change, or if the payment is declined, review rights may apply. Time limits can be strict.
Ensuring the correct material is provided at the outset can significantly reduce delays and minimise the risk of refusal.
Why Legal Advice Matters
DVA legislation is technical. Small details can affect eligibility.
An experienced DVA claim lawyer can:
- Review your accepted conditions and impairment assessment
- Identify whether you have reached (or should reach) 80 impairment points
- Confirm whether your children meet eligibility requirements
- Assist with reviews or appeals if your impairment rating is incorrect
- Ensure you are receiving all compensation available under the MRCA.
At TGB Lawyers, we act for veterans across Australia in complex DVA claims, impairment reassessments, and Administrative Review Tribunal matters.
We’re Here to Help
If you have reached 80 impairment points (or believe you should have) and you have dependent children, you may be entitled to additional compensation through the DVA 80 points child payment.
Many veterans only discover the DVA 80 points child payment after speaking with an experienced DVA lawyer. If you have reached 80 impairment points (or believe you should have) it is worth confirming your full entitlements.
Contact our experienced DVA lawyers for a confidential discussion about your entitlements.
- Call us on 1800 730 842
- Or submit an enquiry via our online form here
- Learn more about our DVA services here
Your service matters – and ensuring you receive your full entitlements does too.