(1) Subject to subsection (3), the rate at which pension is payable under this Part to a dependant of a deceased veteran, being a person who is the widow or widower of the veteran or a reinstated pensioner in relation to the veteran, is a rate per fortnight equal to the sum of the following amounts per fortnight:
(a) 1 / 26 of the amount specified in column 3 of item 1 of the table in point SCH6 - B1 of Schedule 6;
(b) $35;
(c) $25.60.
Note: Each of the amounts referred to in paragraphs (1)(a), (b) and (c) is subject to indexation (see Division 18 of Part IIIB for indexation of the amount referred to in paragraph (1)(a), and section 198 for indexation of the amounts in paragraphs (1)(b) and (c)).
(2) Subject to subsection (3), the rate at which pension is payable under this Part to a dependant of a deceased veteran, being a person who is a child of the veteran, is:
(a) if there is no widow or widower of the veteran--$88.80 per fortnight;
(b) if there is a widow or widower of the veteran, but the child is not being maintained by a parent, adoptive parent or step - parent--$88.80 per fortnight; or
(c) in any other case--$44.40 per fortnight.
(3) Where, under the law:
(a) of a foreign country; or
(b) of a State;
a dependant of a deceased veteran is entitled to receive, or is in receipt of, periodical payments, or a lump - sum payment, in respect of the death of the veteran resulting from employment in connection with warlike operations in which the Crown has been engaged, the rate of those payments, or the amount of that payment, shall be taken into account in assessing the rate of pension payable under this Part so that the total payments to the dependant shall not exceed the total payments that the dependant would be entitled to receive under this Part if the dependant were not entitled to receive, or were not in receipt of, those periodical payments or that lump - sum payment.