Part 8: Death overseas of member or dependant

15.8.1    Purpose
15.8.2    Member this Part applies to
15.8.3    Entitlement – funeral costs
15.8.4    Continuing entitlements for dependants
15.8.5    Entitlement – loss on sale of vehicle

15.8.1    Purpose

 

The purpose of this Part is to compensate family members if a member or dependant dies overseas.

15.8.2    Member this Part applies to

 

This Part applies to a member (including a member on Reserve service) on a long-term posting overseas. It also applies to dependants living with the member at the posting location.

15.8.3    Entitlement funeral costs

 

TAX ALERT: PACMATE Annex 3.B, item 79.

1.

If a member or dependant dies overseas, their legal personal representative is entitled to one of these amounts.

 

a.

The cost of returning the body to Australia, if the next of kin request it.

 

b.

Any excess costs for the funeral at the posting location.

2.

For paragraph 1.b, these conditions apply.

 

a.

The amount paid is the difference between the additional costs of a funeral at the posting location and a comparable Australian funeral.

Example: If a member would have paid AUD 5,000 for an Australian funeral and the overseas funeral cost AUD 8,000, the Commonwealth will reimburse AUD 3,000.

 

b.

The amount cannot be more than the cost payable under paragraph 1.a.

 

c.

The amount reimbursed must be reduced by any amount that the Commonwealth pays directly for the funeral.

Example: The Commonwealth pays for the funeral at the posting location. There is no entitlement under this clause.

 

d.

The amount in paragraph 1.a covers the cost of returning the member's or dependant's remains to Australia. No additional amount is paid.

 

Related Information: Chapter 11 Part 4, Funeral costs, floral and non-floral tributes

15.8.4    Continuing entitlements for dependants

 

TAX ALERT: PACMATE Annex 3.B, item 136.

1.

Subject to subclause 4, if a member dies during a long-term posting, any entitlements for dependants under Chapters 14 or 15 are to continue.

2.

The period for continuing entitlements:

 

a.

begins on the day the member dies, and

 

b.

ends six weeks after the member dies.

Exception: For transport and removal of dependants and their possessions, the period ends a year after the member dies.

3.

The CDF can grant dependants more time to conclude their arrangements at the posting location. The CDF may extend the period to a day the CDF considers reasonable in the circumstances. The CDF must consider all these factors.

 

a.

The circumstances in which the member died.

 

b.

The situation of the dependants who continue to live at the posting location after the member’s death.

 

c.

Any other factor relevant to the dependants.

4.

These additional conditions apply.

 

a.

Overseas living allowance is paid at two-thirds of the rate that would have been paid if the member had not died.

 

b.

Rent and utilities contribution is not payable.

 

c.

For education assistance entitlements, the deceased member is taken to have returned to Australia on the day the member died.

 

d.

Transport for dependants and their possessions may be provided to a location other than Australia. The amount must not be more what the Commonwealth would have paid if the dependents returned to Australia.

 

Persons who can make the decision under subclause 15.8.4.3 on behalf of the Secretary/CDF:

A person working in the Personnel Administration Centre in Southern Victoria who is:

-       Overseas Administration Team Leader

-       Personnel Administration Manager Specialist

-       Civilian and Overseas Personnel Administration Centre Manager

-       Director Personnel Administration Centre

15.8.5    Entitlement – loss on sale of vehicle

1.

The legally entitled person may be reimbursed for loss on sale of the member’s motor vehicle (or towable item) stored in Australia.

2.

The reimbursement is under Chapter 6 Part 3, Loss on sale of furniture, effect and vehicles.

Note: The limit for loss on sale on overseas postings is AUD 1,400.

 

 

PACMAN                                                       AL1 (September 2010)                                                Chapter 15 – Part 8 – 1