Military Rehabilitation and Compensation Act 2004

The Commonwealth is liable to pay compensation for a person if:

the person:

was an eligible young person; and

was a dependant of a deceased member;

the person was wholly or mainly dependent on the member immediately before the member’s death; and

the member was paid compensation for the week before the week in which the member died under one or more of the following provisions:

section 68, 71 or 75 (permanent impairment);

Part 3 or 4 of Chapter 4 (incapacity for service or work);

Part 6 of Chapter 4 (Special Rate Disability Pension);

Division 3A of Part 7 of Chapter 4 (Additional Disablement Amount); and

there is no wholly dependent partner of the member:

who is entitled to compensation under section 242; or

who would be entitled to compensation under that section if a claim for compensation in respect of the partner were made; and

a claim for compensation in respect of the person has been made under section 319.

Section 257 sets out who the compensation is payable to.

This Part does not apply to an eligible young person who was also the wholly dependent partner of the deceased member (see section 260).

In paragraph (1)(c):

a reference to compensation paid for a week does not include a reference to compensation paid as a lump sum; and

a reference to compensation paid includes a reference to compensation that the member was entitled to be paid.