Commonwealth Consolidated Acts

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VETERANS' ENTITLEMENTS ACT 1986 - SECT 123D

Statutory order of distribution

  (1)   Distribution of an amount in respect of the deceased in accordance with the statutory order shall, subject to subsections   (2) and (3), be made to:

  (a)   the known widow or widower of the deceased or the known widows or widowers of the deceased in equal shares;

  (b)   if there is no known widow or widower of the deceased--the known child of the deceased or the known children of the deceased in equal shares;

  (c)   if there is no known widow or widower of the deceased and no known child of the deceased--the known parent of the deceased or the known parents of the deceased in equal shares; or

  (d)   if there is no known widow or widower of the deceased, no known child of the deceased and no known parent of the deceased--the known sibling of the deceased or the known siblings of the deceased in equal shares.

  (2)   Where:

  (a)   a child (in this subsection called the beneficiary ) of the deceased predeceases the deceased or dies before the approval of a payment under the applicable sections; and

  (b)   there is a known child of the beneficiary or there are known children of the beneficiary;

the amount that would have been paid to the beneficiary had the beneficiary been alive at the time of approval shall be distributed to the child or to those children in equal shares.

  (3)   Where:

  (a)   a sibling of the deceased predeceases the deceased or dies before the approval of a payment under the applicable sections; and

  (b)   there is a known child of the sibling or there are known children of the sibling;

the amount that would have been paid to the sibling had the sibling been alive at the time of approval shall be distributed to that child or to those children in equal shares.

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



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