Commonwealth Consolidated Acts

FAMILY AND COMMUNITY SERVICES AND VETERANS' AFFAIRS LEGISLATION AMENDMENT (2004 ELECTION COMMITMENTS) ACT 2004 - SCHEDULE 5

Veterans' Entitlements Act 1986

1   Subsection 98A(2)

Repeal the subsection, substitute:

  (2)   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:

  (a)   if the deceased veteran was, immediately before his or her death, in receipt of the disability pension at a rate under subsection 22(4), 23(4), (5) or (6) or 24(4), (5) or (6)--the rate at which the disability 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

  (b)   in any other case--the lower of the following:

  (i)   the rate at which the disability 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;

  (ii)   the general rate in force on that pension pay day.

2   Subsection 98A(3) (definition of Deceased veteran's amount )

Repeal the definition.

3   Subsection 98A(3)

Insert:

"deceased veteran's amount" means:

  (a)   if the deceased veteran was, immediately before his or her death, in receipt of the disability pension at a rate under subsection 22(4), 23(4), (5) or (6) or 24(4), (5) or (6)--the amount of the disability 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

  (b)   in any other case--the lower of the following:

  (i)   the amount of the disability pension 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;

  (ii)   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.

4   Application

The amendments made by this Schedule apply in relation to the deaths of veterans occurring on or after the commencement of this Schedule.