Document ID: chunk:federal_register_of_legislation:C2024C00866:section:113
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 113
Character Range: 1460193–1462535

113  Time for applying for funeral benefit
 (1) Subject to this section, application may be made to the Commission for the grant of a funeral benefit under section 99 or 100 in respect of the funeral of a person, being:
 (a) a deceased veteran;
 (b) a deceased dependant of a deceased veteran;
within 12 months after the death of the person.
 (2) Where, after the death of a veteran, a decision is made under this Act:
 (a) determining that the death was war‑caused;
 (b) granting a pension under Part II in respect of the veteran, as from a date before the death of the veteran:
 (i) at a rate that is worked out under subsection 22(4); or
 (ii) at a rate that is worked out under section 24; or
 (iii) at a rate that is worked out under section 27 because the veteran 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); or
 (c) increasing the rate of the pension granted to the veteran under Part II as from a date before the death of the veteran:
 (i) to a rate worked out under subsection 22(4) or section 24; or
 (ii) to a rate worked out under section 27 because the veteran 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);
application for the grant of a funeral benefit under section 99 in respect of the funeral of the veteran may be made to the Commission within the period of 12 months after the date on which that decision was made or within the period of 3 months after the date on which the Veterans' Affairs Legislation Amendment Act 1987 received the Royal Assent, whichever last expires.
 (3) Where, after the death of a veteran, the Commission gives an approval of a kind referred to in subsection 99(3) in relation to the veteran, application may be made to the Commission for the grant of a funeral benefit under section 99 in respect of the funeral of the veteran within 12 months after the date on which that approval was given.
 (5) Application made to the Commission for the grant of a funeral benefit under section 99 or 100 in respect of the funeral of a person after the expiration of the period specified in subsection (1), (2) or (3) of this section, whichever is applicable, is of no force or effect.