7.5 Who may be entitled to compensation following death under the MRCA?
Compensation following the death of a veteran depends on two factors:
If the veteran’s death was accepted as service related; or
If the veteran met one of the criteria under section 12 of the MRCA prior to their death.
Claiming Dependency
A person may be entitled to compensation or assistance following death if, immediately before the death, both of the following criteria were met:
Criterion 1: The member was in one of the relationships listed in the definition of “dependant” in subsection 15(2) and 15(2) of the MRCA with the deceased (see also 7.5.1). 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 veteran, would have been so dependent.
Some dependants are deemed to be wholly dependent. See paragraph 4 of 7.5.2 Criterion 2: What degree of dependency did the person who meets criterion 1 have on the deceased?
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'?
Compensation following the death of a veteran depends on two factors:
If the veteran’s death was accepted as service related; or
If the veteran met one of the criteria under section 12 of the MRCA prior to their death.
Claiming Dependency
A person may be entitled to compensation or assistance following death if, immediately before the death, both of the following criteria were met:
Criterion 1: The member was in one of the relationships listed in the definition of “dependant” in subsection 15(2) and 15(2) of the MRCA with the deceased (see also 7.5.1). 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 veteran, would have been so dependent.
Some dependants are deemed to be wholly dependent. See paragraph 4 of 7.5.2 Criterion 2: What degree of dependency did the person who meets criterion 1 have on the deceased?
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?
Compensation following the death of a veteran depends on two factors:
If the veteran’s death was accepted as service related; or
If the veteran met one of the criteria under section 12 of the MRCA prior to their death.
Claiming Dependency
A person may be entitled to compensation or assistance following death if, immediately before the death, both of the following criteria were met:
Criterion 1: The member was in one of the relationships listed in the definition of “dependant” in subsection 15(2) and 15(2) of the MRCA with the deceased (see also 7.5.1). 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 veteran, would have been so dependent.
Some dependants are deemed to be wholly dependent. See paragraph 4 of 7.5.2 Criterion 2: What degree of dependency did the person who meets criterion 1 have on the deceased?
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