Commonwealth Consolidated Acts

MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 234

  (1)   The amount of compensation that the Commonwealth is liable to pay under section   233 is:

  (a)   if the Commission has accepted liability for the member's death--the amount of the lump sum mentioned in subsection   (2); and

  (b)   in any case--subject to section   236, the weekly amount mentioned in subsection   (5) of this section.

Note:   Section   236 allows the partner to choose to convert 25%, 50%, 75% or 100% of the weekly amount to a lump sum.

  (2)   For the purposes of paragraph   (1)(a), the amount of the lump sum is the amount worked out using the following formula:

Note 1:   Subsection   (7) defines partner's age - based number .

Note 2:   The amount of $100,000 is indexed under section   404.

  (5)   For the purposes of paragraph   (1)(b), the weekly amount is:

  (a)   one half of the fortnightly rate at which a pension is payable from time to time under paragraphs 30(1)(a), (b) and (c) of the Veterans' Entitlements Act 1986 ; and

  (b)   payable from the date of the member's death until the partner's death.

  (7)   In this section:

"partner's age-based number" , in respect of a lump sum under paragraph   (1)(a), means the number that is advised by the Australian Government Actuary by reference to the partner's age at the date of the member's death.