7.5 Who may be entitled to compensation following death under the MRCA?
Last amended: 9 April 2013
Provided that a member's death meets the criteria in section 12 of the Act (see 7.4.1) compensation following death under the MRCA is available to a person who immediately before the death met both of the following criteria:
Criterion 1: The member was in one of the relationships listed in the definition of “dependant” in subsection 15(2) of the MRCA with the deceased (see also 7.5.1 below). It is not sufficient for this relationship to have been in place at one time in the past i.e. a person must be in that relationship immediately before the death of the deceased.
Criterion 2: The dependant was either:
- wholly or partly dependent on the deceased; or
- but for an incapacity of the member would have been so dependent.
Some dependants are deemed to be wholly dependent. See paragraph 4 of 7.5.2.
Both criteria must be met to entitle a person to compensation following death. It is not sufficient to be in one of the relationships listed in 15(2); nor is it sufficient of itself to have been wholly or partly dependent on the member.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-7-compensation-death/75-who-may-be-entitled-compensation-following-death-under-mrca
7.5.1 Criterion 1: Who can be a 'Dependant'?
Last amended: 9 April 2013
Provided that a member's death meets the criteria in section 12 of the Act (see 7.4.1) compensation following death under the MRCA is available to a person who immediately before the death met both of the following criteria:
Criterion 1: The member was in one of the relationships listed in the definition of “dependant” in subsection 15(2) of the MRCA with the deceased (see also 7.5.1 below). It is not sufficient for this relationship to have been in place at one time in the past i.e. a person must be in that relationship immediately before the death of the deceased.
Criterion 2: The dependant was either:
- wholly or partly dependent on the deceased; or
- but for an incapacity of the member would have been so dependent.
Some dependants are deemed to be wholly dependent. See paragraph 4 of 7.5.2.
Both criteria must be met to entitle a person to compensation following death. It is not sufficient to be in one of the relationships listed in 15(2); nor is it sufficient of itself to have been wholly or partly dependent on the member.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-7-compensation-death/75-who-may-be-entitled-compensation-following-death-under-mrca/751-criterion-1-who-can-be-dependant
7.5.2 Criterion 2: What degree of dependency did the person who meets criterion 1 have on the deceased?
Last amended: 9 April 2013
Provided that a member's death meets the criteria in section 12 of the Act (see 7.4.1) compensation following death under the MRCA is available to a person who immediately before the death met both of the following criteria:
Criterion 1: The member was in one of the relationships listed in the definition of “dependant” in subsection 15(2) of the MRCA with the deceased (see also 7.5.1 below). It is not sufficient for this relationship to have been in place at one time in the past i.e. a person must be in that relationship immediately before the death of the deceased.
Criterion 2: The dependant was either:
- wholly or partly dependent on the deceased; or
- but for an incapacity of the member would have been so dependent.
Some dependants are deemed to be wholly dependent. See paragraph 4 of 7.5.2.
Both criteria must be met to entitle a person to compensation following death. It is not sufficient to be in one of the relationships listed in 15(2); nor is it sufficient of itself to have been wholly or partly dependent on the member.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-7-compensation-death/75-who-may-be-entitled-compensation-following-death-under-mrca/752-criterion-2-what-degree-dependency-did-person-who-meets-criterion-1-have-deceased