11.2.3 Limits
to application of benefits under this Part
11.2.4 Secretary's
discretions (This clause is policy guidance)
11.2.5 Definitions
11.2.6 Some
aspects of dependency
11.2.7 Damages
or compensation recovered or received for the benefit of dependants
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1. |
This Part applies only to injuries that meet both these conditions. |
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a. |
A member suffered them after 10 June 1997 and before 1 July 2004. |
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b. |
They resulted in the death or severe impairment of the member. |
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2. |
This Part does not apply to any injury that a member is entitled to compensation for under the Military Rehabilitation and Compensation Act 2004. |
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All the discretions under this Part are vested in the Secretary of the Department of Veterans' Affairs. Decisions under this Part are therefore made for and on behalf of the Secretary of the Department of Veterans' Affairs. |
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This table defines terms used in this Part. |
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Term |
Definition in this Part |
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ADB |
An additional death benefit mentioned in Division 2 clause 11.2.8. |
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Basic amount |
An amount mentioned in Division 3 subclause 11.2.12.1. |
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Commonwealth authority |
The same meaning as in section 4 of the SRC Act. |
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Compensation |
SRC compensation, State compensation or State workers’ compensation. |
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Dependent child |
Is a person who meets all the following conditions. |
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a. |
The person meets the definition of child in clause 1.3.75. Exception: Conditions in clauses 1.3.78 and 1.3.79 do not need to be met for the child to be considered a dependant. |
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See: Chapter 1 Part 3 Division 2 clause 1.3.75, Child |
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b. |
The person is wholly or partly dependent on the
member for economic support. |
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c. |
The person meets either of the following conditions. |
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i. |
They are under 16 years old. |
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ii. |
They are 16 or more years old but under 25 years old, and meet the education test. |
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In this definition meeting the education test means meeting both the following conditions. |
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a. |
The person is in full-time education at a school, college, university or other educational institution. |
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b. |
The person is not ordinarily in employment or working on their own account. |
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Dependent child amount |
An amount mentioned in subclause 11.2.9.3 or 11.2.12.2. See: |
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Impairment |
The same meaning as in section 4 of the SRC Act. |
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Interim payment amount |
An amount mentioned in subclause 11.2.14.3. See: Division
3 clause 11.2.14, Interim payment of SIA |
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Member |
Includes a member of the Reserves or a cadet force. |
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Non-economic loss |
The same meaning as in section 4 of the SRC Act. |
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Permanent |
The same meaning as in section 4 of the SRC Act. |
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Severe injury |
An injury for the purposes of the SRC Act, affecting the brain or spinal cord of a person. The injury must result in quadriplegia, paraplegia, hemiplegia, an organic brain syndrome, chronic blindness or a condition of similar effect. |
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SIA |
A severe injury adjustment mentioned in clause 11.2.11. See: Division 3 clause 11.2.11, Entitlement to severe injury adjustment |
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Spouse |
Has the same
meaning as in the Safety,
Rehabilitation and Compensation Act 1988. Note: This meaning includes a de facto partner (whether of the same sex or a different sex). |
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Spouse amount |
An amount mentioned in subclause 11.2.9.1. See: Division 2 clause 11.2.9, Calculation of the ADB |
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SRC Act |
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SRC compensation |
Compensation payable under subsection 17 (3) or (4), or section 24 or 27, of the SRC Act. |
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State compensation |
The same meaning as in section 119 of the SRC Act. |
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State workers’ compensation |
The same meaning as in section 118 of the SRC Act. |
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The Secretary |
Secretary of the Department of Veterans’ Affairs. |
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1. |
A child of a member is taken to have been wholly or partly dependent on a member at a time if the child would have been so dependent at that time but for an incapacity of the member as the result of an injury. |
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2. |
A child of a member who, immediately before the occurrence of an event, lived with the member is taken to have been wholly dependent on the member at the time of the occurrence of that event. |
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3. |
A child of a member who was born alive after the member’s death is taken to have been born immediately before the member’s death and to have been wholly dependent on the member at the time of the member’s death. |
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4. |
A child of a member who was conceived before the time of an assessment of the member’s SRC compensation mentioned in subclause 11.2.12.2, and was born alive after that time, is taken to have been born immediately before that time and to have been wholly dependent on the member at that time. See: Division
3 clause 11.2.12, Calculation of the SIA |
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5. |
In deciding whether a child is or was dependent on a member at a time, none of these amounts payable for the child under the Social Security Act 1991 are to be taken into account. |
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a. |
Family allowance. |
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b. |
Family allowance supplement. |
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c. |
Child disability allowance. |
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d. |
Double orphan pension. |
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1. |
A reference in this Division to SIA, ADB, compensation or damages paid or payable to a dependant includes a reference to SIA, ADB, compensation or damages paid or payable to a person other than the dependant for the benefit of the dependant. |
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2. |
A reference in this Division to compensation or damages received or recovered by a dependant includes a reference to compensation or damages received or recovered by a person other than the dependant for the benefit of the dependant. |