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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 255

Continuing permanent impairment and incapacity etc. compensation for certain eligible young persons

  (1)   The Commonwealth is liable to pay compensation for a person if:

  (a)   the person:

  (i)   was an eligible young person; and

  (ii)   was a dependant of a deceased member;

    immediately before the member's death; and

  (b)   the person was wholly or mainly dependent on the member immediately before the member's death; and

  (c)   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

  (d)   there is no wholly dependent partner of the member:

  (i)   who is entitled to compensation under section   242; or

  (ii)   who would be entitled to compensation under that section if a claim for compensation in respect of the partner were made; and

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

Note 1:   Section   257 sets out who the compensation is payable to.

Note 2:   This Part does not apply to an eligible young person who was also the wholly dependent partner of the deceased member (see section   260).

  (2)   In paragraph   (1)(c):

  (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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