Commonwealth Consolidated Acts

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VETERANS' ENTITLEMENTS ACT 1986 - SECT 126A

Death of a person who has not made a formal claim etc.

             (1)  If a deceased person has made a claim for a pension under Part II or IV in writing, but otherwise than in accordance with a form approved for the purposes of paragraph 14(3)(a), an authorised representative of the deceased person may make a claim for the pension in accordance with such a form.

             (2)  If a deceased person has made a claim for a pension under Part III or IIIA in writing, but otherwise than in accordance with the form approved for the purpose under paragraph 35D(b), 36F(b), 37F(b), 38F(b), 39F(b) or 45K(b) (as the case requires), an authorised representative of the deceased person may make a claim for the pension in accordance with that form.

             (3)  If a deceased person has made an application of a kind referred to in subsection 15(1) or (2) in writing, but otherwise than in accordance with a form approved for the purposes of paragraph 15(3)(a), an authorised representative of the deceased person may make an application of that kind in accordance with such a form.

             (4)  A person who, pursuant to subsection (1), (2) or (3), makes a claim for a pension under Part II, III, IIIA or IV, or an application of a kind referred to in subsection 15(1) or (2):

                     (a)  take such action in relation to the claim or application as the deceased person could have taken if he or she had made the claim or application and had not died; and

                     (b)  the purposes of taking such action, shall be treated as if he or she were the deceased person.

             (5)  The Commission may authorise a person to take action under this section in relation to a deceased person if:

                     (a)  there is no legal personal representative of the deceased person; or

                     (b)  the Commission is satisfied that:

                              (i)  person has notified the legal personal representative of the deceased person that the legal personal representative has, or may have, a right under this section to make a claim or application; and

                             (ii)  legal personal representative has refused, or failed within a reasonable time after having been so notified, to make the claim or application.

             (6)  In this section:

"authorised representative " , in relation to a deceased person, means:

                     (a)  the legal personal representative of the deceased person; or

                     (b)  a person authorised by the Commission in accordance with subsection (5) to take action under this section in relation to the deceased person.



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