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4.1.3 Dependants = claimants?


Obviously, given that the statutory total benefit payable must be divided amongst each eligible dependant, a delegate can not determine the matter merely on the basis of who happens to actually apply for that benefit. It is the delegate's task to make inquiry as to who those entitled persons might be, and to solicit a claim on their behalf.

At least one Claim for compensation of Funeral expenses and/or Death Benefits for Dependants of deceased members and former members of the Australian Defence Force (D9182) is required in those cases where the death is from an injury/disease which has not already had liability accepted in a prior determination. Where liability has previously been accepted, the claim form is still required and completed accordingly for claim registration and S54 compliance only. The delegate is not, however, restrained from finding thereafter, that persons other than this particular applicant are entitled to compensation for the death.  In such cases, the other dependants must also submit a claim form to comply with section 54.