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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 242

Continuing permanent impairment and incapacity etc. compensation for wholly dependent partners

  (1)   The Commonwealth is liable to pay compensation for a wholly dependent partner of a deceased member if:

  (a)   the member was paid compensation for the week before the week in which the member died under one or more of the following provisions:

  (i)   section   68, 71 or 75 (permanent impairment);

  (ii)   Part   3 or 4 of Chapter   4 (incapacity for service or work);

  (iii)   Part   6 of Chapter   4 (Special Rate Disability Pension); and

  (b)   a claim for compensation in respect of the partner has been made under section   319.

  (2)   In subsection   (1):

  (a)   a reference to compensation paid for a week does not include a reference to compensation paid as a lump sum; and

  (b)   a reference to compensation paid includes a reference to compensation that the member was entitled to be paid.


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