Document ID: chunk:federal_register_of_legislation:C2016C00964:section:17
Version: federal_register_of_legislation:C2016C00964
Segment Type: section
Provision Reference: s 17
Character Range: 24357–25521

17  Death of member before date of entitlement
 (1) Where a member in respect of whose service a war gratuity is to be credited has died before the date of entitlement, the war gratuity to which the deceased member would have been entitled shall not form part of the estate of the deceased member, and shall not be payable to the executor or administrator of the estate of the deceased member, but, except where otherwise prescribed, may be credited to or for the benefit of such one or more of the following persons, and in such proportions, as the regulations prescribe or a prescribed authority directs, namely, any person who:
 (a) is beneficially entitled under the will of the deceased to any part of his estate; or
 (b) is, or would, if the deceased had died intestate, have been entitled to a share in the distribution of the deceased's intestate estate;
and who is the spouse, or a child, parent, step‑parent, foster‑parent or dependant of the deceased.
 (2) Subject to the regulations, a prescribed authority may, in special circumstances, approve the crediting of the war gratuity to persons other than those included in the last preceding subsection.