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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 248

Payment of MRCA supplement

MRCA supplement generally payable fortnightly

  (1)   Unless a determination under subsection   (2) is in force in relation to the partner, a wholly dependent partner's MRCA supplement under section   245 is payable on each pension payday (within the meaning of subsection   5Q(1) of the Veterans' Entitlements Act 1986 ) on which:

  (a)   the partner is eligible for the MRCA supplement; and

  (b)   the MRCA supplement is payable to the partner.

Note:   If a trustee is appointed under section   432, then the MRCA supplement would be payable to the trustee.

MRCA supplement may be payable weekly

  (2)   The Commission may determine, in writing, that a partner's MRCA supplement under section   245 is payable in 2 payments (the part payments ) if the partner is a member of a class specified under subsection   (4).

  (3)   A determination made under subsection   (2) is not a legislative instrument.

  (4)   The Commission may, by legislative instrument, specify a class of wholly dependent partner for the purposes of subsection   (2).

  (5)   The first of the part payments:

  (a)   is an amount equal to one half of the rate of veterans supplement that is payable from time to time under section   118D of the Veterans' Entitlements Act 1986 ; and

  (b)   is payable on each Thursday that is not a pension payday (within the meaning of subsection   5Q(1) of that Act) on which:

  (i)   the partner is eligible for the MRCA supplement; and

  (ii)   the MRCA supplement is payable to the partner.

Note:   If a trustee is appointed under section   432, then the MRCA supplement would be payable to the trustee.

  (6)   The other of the part payments:

  (a)   is an amount equal to one half of the rate of veterans supplement that is payable from time to time under section   118D of the Veterans' Entitlements Act 1986 ; and

  (b)   is payable 7 days after the first of the part payments is payable to the partner.

Note:   If a trustee is appointed under section   432, then the MRCA supplement would be payable to the trustee.

  (7)   If a partner's MRCA supplement under section   245 is payable in part payments, it is taken for the purposes of this Act that:

  (a)   a single supplement is payable on each pension payday (within the meaning of subsection   5Q(1) of the Veterans' Entitlements Act 1986 ); and

  (b)   that supplement is payable when the last of the part payments is, or is to be, made; and

  (c)   the amount of that supplement is equal to the total of the part payments.

  (8)   However, sections   426 and 431 (about deductions of amounts) apply as if each of the part payments were a separate supplement.


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