Document ID: chunk:federal_register_of_legislation:C2024C00866:section:98a:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 98A (pt 1/2)
Character Range: 1417522–1419984

98A  Bereavement payment in respect of partnered veterans receiving pensions by way of compensation
 (1) This section applies where a veteran dies if the veteran was, immediately before his or her death:
 (a) a member of a couple; and
 (b) receiving a pension under Part II or IV (other than a pension payable to a person as a dependant of a deceased veteran).
 (2) The widow or widower of the deceased veteran is entitled, in respect of the period of 12 weeks after the deceased veteran's death, to payments at:
 (a) if the deceased veteran was, immediately before his or her death, in receipt of that pension at a rate under subsection 22(4), 23(4), (5) or (6) or 24(4), (5), (5A) or (6)—the rate at which that pension would have been payable to him or her, if he or she had not died, on the first available pension pay day after the Commission becomes aware of the death; or
 (b) in any other case—the lower of the following:
 (i) the rate at which that pension would have been payable to the deceased veteran, if he or she had not died, on the first available pension pay day after the Commission becomes aware of the death;
 (ii) the general rate in force on that pension pay day.
 (3) Where:
 (a) the widow or widower dies within 12 weeks after the death of the deceased veteran; and
 (b) the Commission has not become aware of the death of the deceased veteran before the death of the widow or widower;
there is payable, to such person as the Commission thinks appropriate, in respect of the deceased veteran, an amount worked out using the formula:

where:
deceased veteran's amount means:
 (a) if the deceased veteran was, immediately before his or her death, in receipt of the pension covered by paragraph (1)(b) at a rate under subsection 22(4), 23(4), (5) or (6) or 24(4), (5), (5A) or (6)—the amount of that pension that would have been payable to him or her, if he or she had not died, on the first available pension pay day after the death of the widow or the widower; or
 (b) in any other case—the lower of the following:
 (i) the amount of the pension covered by paragraph (1)(b) that would have been payable to the deceased veteran, if he or she had not died, on the first available pension pay day after the death of the widow or the widower;
 (ii) the amount that would have been payable to the deceased veteran, if he or she had not died, on the first available pension pay day after the death of the widow or widower, at the general rate in