Veterans' Entitlements Act 1986

A claimant for an essential medical equipment payment or a person on behalf of a claimant may withdraw a claim that has not been determined.

A claim that is withdrawn is taken to have not been made.

A withdrawal may be made either orally or by document lodged at an office of the Department in Australia in accordance with section 5T.

An oral withdrawal of a claim must be made to a person in an office of the Department in Australia.

As soon as practicable after receiving an oral withdrawal of a claim, the Secretary must give the claimant an acknowledgement notice in writing stating that:

an oral withdrawal of the claim was made; and

the claimant, or a person on behalf of the claimant, may, within 28 days from the day the acknowledgement notice is given, request the Secretary to treat the withdrawal as if it had not been made.

If, within 28 days from the day on which the Secretary gave the acknowledgement notice, a claimant, or a person on behalf of a claimant, requests the Secretary to treat the oral withdrawal of the claim as if it had not been made, the oral withdrawal is taken not to have been made.

A request made under paragraph (5)(b) has the effect of reactivating the claim. In particular, the commencement day of the claim stays the same.