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VETERANS' ENTITLEMENTS ACT 1986 - SECT 13A

Certain dependants to be automatically paid pension

  (1)   If:

  (a)   a veteran dies; and

  (b)   the veteran is survived by a dependant of the deceased veteran; and

  (c)   the veteran:

  (i)   was, immediately before the veteran's death, a veteran to whom subsection   22(4) or section   23, 24 or 25 applied; or

  (ii)   was, immediately before the veteran's death, a veteran to whom section   22 applied who was in receipt of a pension the rate of which had been increased under subsection   27(2) by an amount specified in any of items   1 to 8 of the Table in subsection   27(1); or

  (iii)   is a veteran to whom subsection   13(3) applies;

the pension payable to the dependant in respect of the death of the veteran is payable:

  (d)   without the dependant having to make a claim for the pension under section   14; and

  (e)   without the Commission having to make a determination under section   19.

Note:   For the dependant's eligibility for pension see subsection   13(2).

  (1A)   If:

  (a)   a veteran dies; and

  (b)   the veteran is survived by a person who is a dependant of the veteran; and

  (c)   the veteran was a prisoner of war at a time when the veteran was on operational service; and

  (d)   at the time when the veteran dies, the Secretary:

  (i)   is aware of the person's existence; and

  (ii)   is aware that the person is a dependant of the veteran; and

  (iii)   has enough information about the veteran's and the person's circumstances to know that a pension is payable to the dependant under subsection   13(2A);

the pension payable to the dependant in respect of the death of the veteran is payable:

  (e)   without the dependant having to make a claim for the pension under section   14; and

  (f)   without the Commission having to make a determination under section   19.

Note:   For the dependant's eligibility for pension see subsection   13(2A).

  (2)   The pension is payable from and including the day after the veteran died.

Note:   For the rate at which the pension is payable to the dependant see section   30.



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