Bereavement payment in respect of partnered veterans receiving pensions by way of compensation
98A Bereavement payment in respect of partnered veterans receiving pensions by way of compensation
This section applies where a veteran dies if the veteran was, immediately before his or her death:
a member of a couple; and
receiving a pension under Part II or IV (other than a pension payable to a person as a dependant of a deceased veteran).
The widow or widower of the deceased veteran is entitled, in respect of the period of 12 weeks after the deceased veteran’s death, to payments at:
if the deceased veteran was, immediately before his or her death, in receipt of that pension at a rate under subsection 22(4), 23(4), (5) or (6) or 24(4), (5), (5A) or (6)—the rate at which that pension would have been payable to him or her, if he or she had not died, on the first available pension pay day after the Commission becomes aware of the death; or
in any other case—the lower of the following:
the rate at which that pension would have been payable to the deceased veteran, if he or she had not died, on the first available pension pay day after the Commission becomes aware of the death;
the general rate in force on that pension pay day.
Where:
the widow or widower dies within 12 weeks after the death of the deceased veteran; and
the Commission has not become aware of the death of the deceased veteran before the death of the widow or widower;
there is payable, to such person as the Commission thinks appropriate, in respect of the deceased veteran, an amount worked out using the formula:
Start formula 6 times Deceased veteran's amount end formula
where:
deceased veteran’s amount means:
if the deceased veteran was, immediately before his or her death, in receipt of the pension covered by paragraph (1)(b) at a rate under subsection 22(4), 23(4), (5) or (6) or 24(4), (5), (5A) or (6)—the amount of that pension that would have been payable to him or her, if he or she had not died, on the first available pension pay day after the death of the widow or the widower; or
in any other case—the lower of the following:
the amount of the pension covered by paragraph (1)(b) that would have been payable to the deceased veteran, if he or she had not died, on the first available pension pay day after the death of the widow or the widower;
the amount that would have been payable to the deceased veteran, if he or she had not died, on the first available pension pay day after the death of the widow or widower, at the general rate in force on that pension pay day.
Subsection (2) does not apply:
if the Commission does not become aware of the veteran’s death until after the death of the widow or widower; or
in respect of any pension pay day after the death of the widow or widower.
Where:
within the period of 12 weeks after the death of a veteran, an amount to which the veteran would have been entitled if he or she had not died has been paid by way of a pension covered by paragraph (1)(b) into an account with a bank; and
this section applies in relation to the death of the veteran; and
the bank pays to the widow or widower of the deceased veteran, out of that account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (a);
then, in spite of anything in any other law, the bank is not liable to the Commonwealth, the personal representative of the deceased veteran, or anyone else, for any loss incurred because of the payment of that money to the widow or widower.
In this section:
first available pension pay day, in relation to the death of a veteran, means the first pension pay day after the Commission becomes aware of the death for which it is practicable to terminate or adjust the payments being made by way of pension covered by paragraph (1)(b) in respect of the deceased veteran.
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