Commonwealth Numbered Acts

VETERANS' AFFAIRS (1994-95 BUDGET MEASURES) LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 164 of 1994 - SECT 29

29. Section 99 of the Principal Act is amended:

   (a)  by adding at the end of subsection (1) the following Note:

"Note: See sections 111 and 113 for the making of an application for a funeral
benefit under this subsection.";

   (b)  by omitting subsection (2) and substituting the following subsection:

"(2) The Commission may grant a benefit ('funeral benefit') towards the
funeral expenses incurred in respect of the funeral of a veteran if, after the
death of the veteran:

   (a)  a pension is granted to the veteran that is determined to be payable,
        from a date before the veteran's death:

        (i)    at a rate that is increased under subsection 22(4); or

        (ii)   at a rate that is worked out under section 24; or

        (iii)  at a rate that is worked out under section 27 because the
               veteran was suffering from incapacity 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); or

   (b)  the rate of a pension that was payable to the veteran under Part II is
        increased, as from a date before the veteran's death because:

        (i)    subsection 22(4) or section 24 applied to the veteran as from
               that date; or

        (ii)   section 27 applied to the veteran as from that date because of
               incapacity 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); or

   (c)  the Commission receives information from which he or she is satisfied
        that the veteran was made a prisoner of war at a time when the veteran
        was rendering operational service. Note: See sections 111 and 113 for
        the making of an application for a funeral benefit under this
        subsection.";

   (c)  by inserting after subsection (3) the following subsection:

"(3A) A funeral benefit is not to be granted under subsection (2) in respect
of a veteran if a funeral benefit has been granted to his or her estate under
section 98B.".