8.1.4 Where there is more than one entitled person or alternatively there was more than one claimant, | Military Compensation SRCA Manuals and Resources Library, Death Handbook, Ch 8 Making Determinations re Death, 8.1 Form of the Lump-Sum Determination

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8.1.4 Where there is more than one entitled person or alternatively there was more than one claimant,

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Ss17(10) requires that the whole matter be resolved by a single determination. This does not, however, mean that information about amounts payable to all dependants should be made available to all.  Therefore, unless an adult has claimed on behalf of both themselves and a child under 18, where the delegate determines that more than one person is entitled to share a lump sum under subsection 17(3) or 17(4), the standard Defcare template is not an appropriate template.  Instead an alternative letter is being included in Defcare that relates specifically to this situation.

 

Using the alternative letter, the delegate will advise each of the entitled persons separately of the amount payable to them.  If the partner has claimed on behalf of a child under 18, information about the amount payable to that child will be sent to the partner.

 

A different version of this determining instrument is to be sent to each of the adult dependants. 

Letters to persons who applied for compensation but who did not receive payment should give reasons for the decision.

 

Letters to partly dependent persons who did achieve a share in the lump sum, should explain how the amount payable was quantified, i.e. the formula used for calculating 'loss', and the data entered into that formula.

In summary, each letter should set out the reason for the decision and should also attach the DVA Factsheet about Reconsideration/Appeal Rights.