Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]



             (1)  In this Act, unless the contrary intention appears:

"dependant " , in relation to a veteran (including a veteran who has died), means:

                     (a)  the partner; or

                     (b)  a non-illness separated spouse; or

                     (c)  a widow or widower (other than a widow or a widower who marries, re-marries or enters into a de facto relationship); or

                    (ca)  a reinstated pensioner; or

                     (d)  a child;

of the veteran.

Note 1:       A veteran may have more than one dependant of the kind referred to in paragraphs (a) to (d) at the same time.

Note 2:       For the meaning of reinstated pensioner see section 11AA.

Note 3:       Subsection (4) affects the meaning of widow in paragraph (c).

Note 4:       Section 11A affects formation of an opinion as to whether 2 people are living together in a de facto relationship.

             (2)  Without limiting the generality of subsection (1) in its application to a veteran (including a veteran who has died) who is, or was:

                     (a)  a descendant of an indigenous inhabitant of the Torres Strait Islands; or

                     (b)  a male aboriginal native of Australia;

who served during World War 2 in the Defence Force at a rate of pay less than the minimum rate of pay that was prescribed as payable to a male member of the Australian Military Forces and whose services have been terminated by discharge or death, a person whom the Commission, by instrument in writing, determines to be, for the purposes of this section, a person who is dependent on the veteran is a dependant of the veteran.

             (3)  In subsection (1), a reference to a veteran shall be read as including a reference to a person who is a member of the Forces, or a member of a Peacekeeping Force, as defined by subsection 68(1).

             (4)  In paragraph (1)(c), widow does not include a reinstated pensioner.

Note:          For the meaning of reinstated pensioner see section 11AA.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback