Commonwealth Consolidated Acts

VETERANS' ENTITLEMENTS ACT 1986 - SECT 13A

             (1)  If:

                     (a)  a veteran dies; and

                     (b)  the veteran is survived by a dependant of the deceased veteran; and

                     (c)  the veteran:

                              (i)  was, immediately before the veteran's death, a veteran to whom subsection 22(4) or section 23, 24 or 25 applied; or

                             (ii)  was, immediately before the veteran's death, a veteran to whom section 22 applied who was in receipt of a pension the rate of which had been increased under subsection 27(2) by an amount specified in any of items 1 to 8 of the Table in subsection 27(1); or

                            (iii)  is a veteran to whom subsection 13(3) applies;

the pension payable to the dependant in respect of the death of the veteran is payable:

                     (d)  without the dependant having to make a claim for the pension under section 14; and

                     (e)  without the Commission having to make a determination under section 19.

Note:          for the dependant's eligibility for pension see subsection 13(2).

          (1A)  If:

                     (a)  a veteran dies; and

                     (b)  the veteran is survived by a person who is a dependant of the veteran; and

                     (c)  the veteran was a prisoner of war at a time when the veteran was on operational service; and

                     (d)  at the time when the veteran dies, the Secretary:

                              (i)  is aware of the person's existence; and

                             (ii)  is aware that the person is a dependant of the veteran; and

                            (iii)  has enough information about the veteran's and the person's circumstances to know that a pension is payable to the dependant under subsection 13(2A);

the pension payable to the dependant in respect of the death of the veteran is payable:

                     (e)  without the dependant having to make a claim for the pension under section 14; and

                      (f)  without the Commission having to make a determination under section 19.

Note:          for the dependant's eligibility for pension see subsection 13(2A).

             (2)  The pension is payable from and including the day after the veteran died.

Note:          for the rate at which the pension is payable to the dependant see section 30.