Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:2_268ac
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 2 cl 268AC
Character Range: 123178–125176

268AC  Funeral compensation for certain dependants of deceased members
 (1) The Commonwealth is liable to pay compensation in respect of the funeral of a dependant of a deceased member if:
 (a) any of subsections (3) to (5) apply in respect of the dependant; and
 (b) a claim for compensation has been made under section 319.
 (2) The claim under section 319 may only be made:
 (a) by the deceased dependant's legal personal representative; or
 (b) by another person approved by the Commission to make the claim.
 (3) This subsection applies in respect of a dependant of a deceased member if:
 (a) the dependant is not a reinstated pensioner (within the meaning of the VEA); and
 (b) the dependant died in indigent circumstances; and
 (c) any of the following apply in respect of the deceased member:
 (i) the member's death was war‑caused (within the meaning of the VEA);
 (ii) immediately before the member's death, the member was being paid a pension under Part II of the VEA as a member to whom section 24 of that Act applied;
 (iii) immediately before the member's death, the member was being paid a pension under Part II of the VEA at a rate that had been increased under section 27 of that Act because the member was incapacitated 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.
 (4) This subsection applies in respect of a dependant of a deceased member if the dependant:
 (a) is a reinstated pensioner (within the meaning of the VEA); and
 (b) died in indigent circumstances.
 (5) This subsection applies in respect of a dependant of a deceased member if:
 (a) either:
 (i) the dependant was a wholly dependent partner of the deceased member; or
 (ii) the dependant was both an eligible young person, and a dependant of the deceased member, immediately before the member's death; and
 (b) the dependant died in indigent circumstances; and
 (c) section 12 applies in respect of the deceased member.