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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 263

Amount of compensation for other dependants

  (1)   The amount of compensation that the Commonwealth is liable to pay under section   262 in respect of a dependant is the amount that the Commission determines is reasonable. However:

  (a)   that amount must not exceed $60,000; and

  (b)   the total amount paid under section   262 in respect of all dependants of a particular deceased member must not exceed $190,000.

Note:   The amounts of $60,000 and $190,000 are indexed under section   404.

  (2)   In making a determination under subsection   (1), the Commission must have regard to:

  (a)   any financial loss suffered by the dependant as a result of the member's death (other than compensation paid or payable under this Act); and

  (b)   the degree to which the dependant was dependent on the deceased member; and

  (c)   the length of time that the dependant would have been dependent on the member.

The Commission must not have regard to any other matter (in particular, any amount of compensation paid or payable under this Act before the member died).



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