Veterans' Entitlements Act 1986

In this section and sections 123A to 123E (inclusive):

a person who is a child of the deceased within the meaning of section 10;

a person who was a natural child of the deceased; or

someone who was a child of the deceased within the meaning of the Family Law Act 1975; or

a person who was adopted by the deceased or by the deceased and the deceased’s partner or non‑illness separated spouse.

if subparagraph 123A(2)(c)(i) applies to the person—the death of the person; or

if subparagraph 123A(2)(c)(ii) applies to the person—the date of the grant of the claim.

For the purposes of paragraph (a) of the definition of child in subsection (1), a person shall be taken to be a child even though the person is in receipt of a pension, benefit or allowance of a kind referred to in the definition of child in subsection 5F(1).

A reference in the applicable sections to an executor of a will includes a reference to:

an executor of the will by representation; and

if probate of the will has been granted and a person has subsequently been granted administration of the unadministered assets covered by the will—that person.

A reference in the applicable sections to the person to whom a grant of letters of administration with a will annexed has been made includes a reference to a person who has subsequently been granted administration of the unadministered assets covered by the will.

A reference in the applicable sections, in relation to an approval of a payment, to a person who is known is a reference to a person:

who is alive at the time of the approval; and

whose existence and whereabouts are known to the Commission at that time.

Sections 123 to 123E do not apply if Subdivision C of Division 12A of Part IIIB applies.