Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:2_268ab:p1
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 2 cl 268AB (pt 1/2)
Character Range: 120391–122899

268AB  Funeral compensation for certain other deceased members
 (1) The Commonwealth is liable to pay compensation in respect of a deceased member's funeral if:
 (a) any of subsections (3) to (5) apply in respect of the deceased member; and
 (b) the Commonwealth is not liable to pay compensation in respect of the deceased member's funeral under section 268AA; and
 (c) a claim for compensation has been made under section 319.
 (2) The claim under section 319 may only be made:
 (a) in respect of a dependant of the deceased member if the dependant incurred the cost of the funeral; or
 (b) by the deceased member's legal personal representative.
 (3) This subsection applies in respect of a deceased member if:
 (a) the member's death was war‑caused (within the meaning of the VEA); or
 (b) the member died in indigent circumstances.
 (4) This subsection applies in respect of a deceased member if:
 (a) the member died:
 (i) in a hospital or other institution; or
 (ii) while travelling to or from a hospital or other institution; or
 (iii) after having been discharged from a hospital or other institution in which the member was being treated for a terminal illness; or
 (iv) while being treated for a terminal illness at the member's home instead of at a hospital or other institution; and
 (b) if subparagraph (a)(i) or (ii) applies—treatment is or was provided in the hospital or other institution; and
 (c) in any case—the treatment is or was arranged by the Commission under Chapter 6 of this Act or Part V of the VEA.
 (5) This subsection applies in respect of a deceased member if, after the death of the member:
 (a) a pension is granted to the member that is determined to be payable, from a date before the member's death:
 (i) at a rate that is worked out under subsection 22(4) of the VEA; or
 (ii) at a rate that is worked out under section 24 of the VEA; or
 (iii) at a rate that is worked out under section 27 of the VEA because the member was suffering from incapacity from a war‑caused injury or a war‑caused disease of a kind described in any of items 1 to 8 of the table in subsection 27(1) of that Act; or
 (b) the rate of a pension that was payable to the member under Part II of the VEA is increased, as from a date before the member's death because:
 (i) subsection 22(4) or section 24 of the VEA applied to the member as from that date; or
 (ii) section 27 of the VEA applied to the member as from that date because of incapacity from a war‑caused injury or a war‑caused disease