Commonwealth Consolidated Acts

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DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973 - SECT 6B

Spouse who survives a deceased person

  (1)   In this section:

"deceased person" means a person who was, at the time of his or her death, a contributing member, a recipient member or a person in respect of whom deferred benefits were applicable.

  (2)   For the purposes of this Act, a person is a spouse who survives a deceased person if the person had a marital or couple relationship with the deceased person at the time of the death of the deceased person.

  (3)   In spite of subsection   (2), a person is taken to be a spouse who survives a deceased person if:

  (a)   the person had previously had a marital or couple relationship with the deceased person; and

  (b)   the person did not, at the time of the death, have a marital or couple relationship with the deceased person but was legally married to the deceased person; and

  (d)   in CSC's opinion, the person was wholly or substantially dependent upon the deceased person at the time of the death.



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