Commonwealth Consolidated Acts

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VETERANS' ENTITLEMENTS ACT 1986 - SECT 11

Dependants

  (1)   In this Act, unless the contrary intention appears:

"dependant" , in relation to a veteran (including a veteran who has died), means:

  (a)   the partner; or

  (b)   a non - illness separated spouse; or

  (c)   a widow or widower (other than a widow or a widower who marries, re - marries or enters into a   de   facto   relationship); or

  (ca)   a reinstated pensioner; or

  (d)   a child;

of the veteran.

Note 1:   A veteran may have more than one dependant of the kind referred to in paragraphs   (a) to (d) at the same time.

Note 2:   For the meaning of reinstated pensioner see section   11AA.

Note 3:   Subsection   (4) affects the meaning of widow in paragraph   (c).

Note 4:   Section   11A affects formation of an opinion as to whether 2 people are living together in a   de   facto   relationship.

  (2)   Without limiting the generality of subsection   (1) in its application to a veteran (including a veteran who has died) who is, or was:

  (a)   a descendant of an indigenous inhabitant of the Torres Strait Islands; or

  (b)   a male aboriginal native of Australia;

who served during World War 2 in the Defence Force at a rate of pay less than the minimum rate of pay that was prescribed as payable to a male member of the Australian Military Forces and whose services have been terminated by discharge or death, a person whom the Commission, by instrument in writing, determines to be, for the purposes of this section, a person who is dependent on the veteran is a dependant of the veteran.

  (3)   In subsection   (1), a reference to a veteran shall be read as including a reference to a person who is a member of the Forces, or a member of a Peacekeeping Force, as defined by subsection   68(1).

  (4)   In paragraph   (1)(c), widow does not include a reinstated pensioner.

Note:   For the meaning of reinstated pensioner see section   11AA.



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