11.7.6 Can compensation be claimed and paid following the death of a veteran or dependant?
Key points
Survival of claims
Section 321 of the MRCA contains provisions enabling:
A claim for compensation made prior to an eligible person’s death to continue and not be affected by their death; and
A claim for compensation to be made after an eligible person’s death, as long as the claim is made by the Legal Personal Representative. This is subject to the proviso in the note below.
Note: Subsection 321(4) provides that where a claim under section 319 for a service-injury or disease was not made prior to an eligible person’s death, the Legal Personal Representative cannot make a claim for permanent impairment compensation.
Legal Personal Representative
Legal Personal Representative is defined in section 5 of the MRCA:
The executor of the will, or the administrator of the estate, of a deceased person; or
The trustee of the estate of a person under a legal disability; or
A person who holds an enduring power of attorney granted by another person; or
A person who, by order of a court or otherwise, has the legal administration or control of the affairs of another person.
What is compensation under the MRCA?
Compensation is defined in the MRCA to include:
Permanent Impairment Payments
Incapacity Payments
Compensation for death (excluding bereavement payments and eligible young person compensation)
Special Rate Disability Pension
Additional Disablement Amount
Treatment and Medical Costs
Attendant Care and Household Services
Alterations, Aids or Appliances
MRCA Education and Training Scheme
Provisions applicable on death of a veteran
Section 436 of the MRCA contains provisions relating to whom compensation is payable following the death of a veteran.
If there is a will
If the veteran dies before compensation is paid, the MRCA provides that any amount of compensation payable forms part of the veteran’s estate.
If there is not a will
If the veteran dies intestate (i.e. with no will) before compensation is paid and no application will be made for probate of the will or letters of administration, the MRCA provides that the Commonwealth is not liable to pay the compensation.
Considerations for applying subsection 436(2)
However, before the delegate decides the Commonwealth is not liable to pay compensation, there are additional steps to be undertaken.
The delegate should conduct the necessary investigations to ascertain whether another person is currently applying, or is intending to apply, for probate or letters of administration.
Where the evidence indicates a person’s intentions in this regard, the delegate should set the claim aside until such time that sufficient evidence is provided on the court’s decision.
What if someone is granted letters of administration or probate?
In the event a person is granted probate or letters of administration by the court, that person has legal control over the late veteran’s affairs and therefore will have authority to advise DVA where compensation should be paid.
Specific MRCA PI information relating to Legal Personal Representatives
Where a veteran dies before 1 July 2026
Subsection 78(7) of the MRCA in force before 1 July 2026 contains provisions preventing a Legal Personal Representative from converting a deceased veteran’s permanent impairment compensation to a lump sum.
Where a veteran dies on or after 1 July 2026
From 1 July 2026, subsection 78(7) of the MRCA is amended to allow a Legal Personal Representative to convert 100 per cent of a deceased veteran’s permanent impairment compensation to a lump sum, where the veteran died on or after 1 July 2026:
This choice to convert by the Legal Personal Representative is only permitted where the veteran did not convert their entitlement to a lump sum before their death.
The lump sum is payable to the late veteran’s estate.
The method of converting the lump sum for the estate excludes a lifestyle rating. Delegates may use the impairment rating and a lifestyle rating of zero to find the relevant compensation factor and the correct weekly MRCA PI rate.
The conversion factor (which converts the weekly MRCA PI rate to a lump sum) is based on the veteran’s gender and age at the date of their death.
The Legal Personal Representative must be provided a new notice and a further 6 months in which to choose to convert.
Please refer to Chapter 11.7.6.2 for more information and an example.
Note: Delegates should be mindful that where there is no Legal Personal Representative (i.e. the veteran dies without a will and no one is appointed to the position by the court), no other person may make the choice to convert to a lump sum.
Provisions applicable on death of a dependant
Section 436 of the MRCA also contains provisions relating to whom compensation is payable following the death of a dependant who was entitled to compensation following the death of a veteran.
If there is a will
If the dependant dies before compensation is paid, the amount forms part of the dependant’s estate.
If there is not a will
If the dependant dies intestate (i.e. with no will) before compensation is paid and no application will be made for probate of the will or letters of administration, the MRCA provides that the Commonwealth is not liable to pay the compensation.
Considerations for applying subsection 436(2)
However, before the delegate decides the Commonwealth is not liable to pay compensation, there are additional steps to be undertaken. The delegate should conduct the necessary investigations to ascertain whether another person is currently applying, or is intending to apply, for probate or letters of administration.
Where the evidence indicates a person’s intentions in this regard, the delegate should set the claim aside until such time that sufficient evidence is provided on the court’s decision.
What if someone is granted letters of administration or probate?
In the event a person is granted probate or letters of administration by the court, that person has legal control over the late dependant’s affairs and therefore will have authority to advise DVA where compensation should be paid.
What general information should be requested before proceeding?
Regardless of whether a claim is made before or after the eligible person’s death, delegates need to ensure any matters relating to the claim are only conveyed to the Legal Personal Representative after the eligible person passes away. Delegates should therefore obtain the following information immediately upon being notified that a person has passed away:
A copy of the will,
A copy of letters of administration if the person dies intestate, and
Any other relevant or analogous court documents.
Getting help
Where complex cases arise, delegates should seek assistance from Benefits and Payments Policy via the Delegate Support Framework as early in the process as possible. This will ensure the Department does not disclose information relating to a claim to a person who does not hold the relevant legal authority.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-11-overpayments-miscellaneous-items/117-miscellaneous-items/1176-provisions-applicable-death-person
11.7.6.1 Survival of claims
Key points
Survival of claims
Section 321 of the MRCA contains provisions enabling:
A claim for compensation made prior to an eligible person’s death to continue and not be affected by their death; and
A claim for compensation to be made after an eligible person’s death, as long as the claim is made by the Legal Personal Representative. This is subject to the proviso in the note below.
Note: Subsection 321(4) provides that where a claim under section 319 for a service-injury or disease was not made prior to an eligible person’s death, the Legal Personal Representative cannot make a claim for permanent impairment compensation.
Legal Personal Representative
Legal Personal Representative is defined in section 5 of the MRCA:
The executor of the will, or the administrator of the estate, of a deceased person; or
The trustee of the estate of a person under a legal disability; or
A person who holds an enduring power of attorney granted by another person; or
A person who, by order of a court or otherwise, has the legal administration or control of the affairs of another person.
What is compensation under the MRCA?
Compensation is defined in the MRCA to include:
Permanent Impairment Payments
Incapacity Payments
Compensation for death (excluding bereavement payments and eligible young person compensation)
Special Rate Disability Pension
Additional Disablement Amount
Treatment and Medical Costs
Attendant Care and Household Services
Alterations, Aids or Appliances
MRCA Education and Training Scheme
Provisions applicable on death of a veteran
Section 436 of the MRCA contains provisions relating to whom compensation is payable following the death of a veteran.
If there is a will
If the veteran dies before compensation is paid, the MRCA provides that any amount of compensation payable forms part of the veteran’s estate.
If there is not a will
If the veteran dies intestate (i.e. with no will) before compensation is paid and no application will be made for probate of the will or letters of administration, the MRCA provides that the Commonwealth is not liable to pay the compensation.
Considerations for applying subsection 436(2)
However, before the delegate decides the Commonwealth is not liable to pay compensation, there are additional steps to be undertaken.
The delegate should conduct the necessary investigations to ascertain whether another person is currently applying, or is intending to apply, for probate or letters of administration.
Where the evidence indicates a person’s intentions in this regard, the delegate should set the claim aside until such time that sufficient evidence is provided on the court’s decision.
What if someone is granted letters of administration or probate?
In the event a person is granted probate or letters of administration by the court, that person has legal control over the late veteran’s affairs and therefore will have authority to advise DVA where compensation should be paid.
Specific MRCA PI information relating to Legal Personal Representatives
Where a veteran dies before 1 July 2026
Subsection 78(7) of the MRCA in force before 1 July 2026 contains provisions preventing a Legal Personal Representative from converting a deceased veteran’s permanent impairment compensation to a lump sum.
Where a veteran dies on or after 1 July 2026
From 1 July 2026, subsection 78(7) of the MRCA is amended to allow a Legal Personal Representative to convert 100 per cent of a deceased veteran’s permanent impairment compensation to a lump sum, where the veteran died on or after 1 July 2026:
This choice to convert by the Legal Personal Representative is only permitted where the veteran did not convert their entitlement to a lump sum before their death.
The lump sum is payable to the late veteran’s estate.
The method of converting the lump sum for the estate excludes a lifestyle rating. Delegates may use the impairment rating and a lifestyle rating of zero to find the relevant compensation factor and the correct weekly MRCA PI rate.
The conversion factor (which converts the weekly MRCA PI rate to a lump sum) is based on the veteran’s gender and age at the date of their death.
The Legal Personal Representative must be provided a new notice and a further 6 months in which to choose to convert.
Please refer to Chapter 11.7.6.2 for more information and an example.
Note: Delegates should be mindful that where there is no Legal Personal Representative (i.e. the veteran dies without a will and no one is appointed to the position by the court), no other person may make the choice to convert to a lump sum.
Provisions applicable on death of a dependant
Section 436 of the MRCA also contains provisions relating to whom compensation is payable following the death of a dependant who was entitled to compensation following the death of a veteran.
If there is a will
If the dependant dies before compensation is paid, the amount forms part of the dependant’s estate.
If there is not a will
If the dependant dies intestate (i.e. with no will) before compensation is paid and no application will be made for probate of the will or letters of administration, the MRCA provides that the Commonwealth is not liable to pay the compensation.
Considerations for applying subsection 436(2)
However, before the delegate decides the Commonwealth is not liable to pay compensation, there are additional steps to be undertaken. The delegate should conduct the necessary investigations to ascertain whether another person is currently applying, or is intending to apply, for probate or letters of administration.
Where the evidence indicates a person’s intentions in this regard, the delegate should set the claim aside until such time that sufficient evidence is provided on the court’s decision.
What if someone is granted letters of administration or probate?
In the event a person is granted probate or letters of administration by the court, that person has legal control over the late dependant’s affairs and therefore will have authority to advise DVA where compensation should be paid.
What general information should be requested before proceeding?
Regardless of whether a claim is made before or after the eligible person’s death, delegates need to ensure any matters relating to the claim are only conveyed to the Legal Personal Representative after the eligible person passes away. Delegates should therefore obtain the following information immediately upon being notified that a person has passed away:
A copy of the will,
A copy of letters of administration if the person dies intestate, and
Any other relevant or analogous court documents.
Getting help
Where complex cases arise, delegates should seek assistance from Benefits and Payments Policy via the Delegate Support Framework as early in the process as possible. This will ensure the Department does not disclose information relating to a claim to a person who does not hold the relevant legal authority.
Source URL: https://clik.dva.gov.au/node/86387
11.7.6.2 Provisions applicable on death of a veteran or a dependant
Key points
Survival of claims
Section 321 of the MRCA contains provisions enabling:
A claim for compensation made prior to an eligible person’s death to continue and not be affected by their death; and
A claim for compensation to be made after an eligible person’s death, as long as the claim is made by the Legal Personal Representative. This is subject to the proviso in the note below.
Note: Subsection 321(4) provides that where a claim under section 319 for a service-injury or disease was not made prior to an eligible person’s death, the Legal Personal Representative cannot make a claim for permanent impairment compensation.
Legal Personal Representative
Legal Personal Representative is defined in section 5 of the MRCA:
The executor of the will, or the administrator of the estate, of a deceased person; or
The trustee of the estate of a person under a legal disability; or
A person who holds an enduring power of attorney granted by another person; or
A person who, by order of a court or otherwise, has the legal administration or control of the affairs of another person.
What is compensation under the MRCA?
Compensation is defined in the MRCA to include:
Permanent Impairment Payments
Incapacity Payments
Compensation for death (excluding bereavement payments and eligible young person compensation)
Special Rate Disability Pension
Additional Disablement Amount
Treatment and Medical Costs
Attendant Care and Household Services
Alterations, Aids or Appliances
MRCA Education and Training Scheme
Provisions applicable on death of a veteran
Section 436 of the MRCA contains provisions relating to whom compensation is payable following the death of a veteran.
If there is a will
If the veteran dies before compensation is paid, the MRCA provides that any amount of compensation payable forms part of the veteran’s estate.
If there is not a will
If the veteran dies intestate (i.e. with no will) before compensation is paid and no application will be made for probate of the will or letters of administration, the MRCA provides that the Commonwealth is not liable to pay the compensation.
Considerations for applying subsection 436(2)
However, before the delegate decides the Commonwealth is not liable to pay compensation, there are additional steps to be undertaken.
The delegate should conduct the necessary investigations to ascertain whether another person is currently applying, or is intending to apply, for probate or letters of administration.
Where the evidence indicates a person’s intentions in this regard, the delegate should set the claim aside until such time that sufficient evidence is provided on the court’s decision.
What if someone is granted letters of administration or probate?
In the event a person is granted probate or letters of administration by the court, that person has legal control over the late veteran’s affairs and therefore will have authority to advise DVA where compensation should be paid.
Specific MRCA PI information relating to Legal Personal Representatives
Where a veteran dies before 1 July 2026
Subsection 78(7) of the MRCA in force before 1 July 2026 contains provisions preventing a Legal Personal Representative from converting a deceased veteran’s permanent impairment compensation to a lump sum.
Where a veteran dies on or after 1 July 2026
From 1 July 2026, subsection 78(7) of the MRCA is amended to allow a Legal Personal Representative to convert 100 per cent of a deceased veteran’s permanent impairment compensation to a lump sum, where the veteran died on or after 1 July 2026:
This choice to convert by the Legal Personal Representative is only permitted where the veteran did not convert their entitlement to a lump sum before their death.
The lump sum is payable to the late veteran’s estate.
The method of converting the lump sum for the estate excludes a lifestyle rating. Delegates may use the impairment rating and a lifestyle rating of zero to find the relevant compensation factor and the correct weekly MRCA PI rate.
The conversion factor (which converts the weekly MRCA PI rate to a lump sum) is based on the veteran’s gender and age at the date of their death.
The Legal Personal Representative must be provided a new notice and a further 6 months in which to choose to convert.
Please refer to Chapter 11.7.6.2 for more information and an example.
Note: Delegates should be mindful that where there is no Legal Personal Representative (i.e. the veteran dies without a will and no one is appointed to the position by the court), no other person may make the choice to convert to a lump sum.
Provisions applicable on death of a dependant
Section 436 of the MRCA also contains provisions relating to whom compensation is payable following the death of a dependant who was entitled to compensation following the death of a veteran.
If there is a will
If the dependant dies before compensation is paid, the amount forms part of the dependant’s estate.
If there is not a will
If the dependant dies intestate (i.e. with no will) before compensation is paid and no application will be made for probate of the will or letters of administration, the MRCA provides that the Commonwealth is not liable to pay the compensation.
Considerations for applying subsection 436(2)
However, before the delegate decides the Commonwealth is not liable to pay compensation, there are additional steps to be undertaken. The delegate should conduct the necessary investigations to ascertain whether another person is currently applying, or is intending to apply, for probate or letters of administration.
Where the evidence indicates a person’s intentions in this regard, the delegate should set the claim aside until such time that sufficient evidence is provided on the court’s decision.
What if someone is granted letters of administration or probate?
In the event a person is granted probate or letters of administration by the court, that person has legal control over the late dependant’s affairs and therefore will have authority to advise DVA where compensation should be paid.
What general information should be requested before proceeding?
Regardless of whether a claim is made before or after the eligible person’s death, delegates need to ensure any matters relating to the claim are only conveyed to the Legal Personal Representative after the eligible person passes away. Delegates should therefore obtain the following information immediately upon being notified that a person has passed away:
A copy of the will,
A copy of letters of administration if the person dies intestate, and
Any other relevant or analogous court documents.
Getting help
Where complex cases arise, delegates should seek assistance from Benefits and Payments Policy via the Delegate Support Framework as early in the process as possible. This will ensure the Department does not disclose information relating to a claim to a person who does not hold the relevant legal authority.
Source URL: https://clik.dva.gov.au/node/86388