Veterans’ Entitlements (Veteran Payment) Instrument 2018 (11) (2)
If the current or former member of the ADF has made a claim for a mental health condition under the DRCA or MRCA and their eligibility for Veteran Payment has not been determined prior to their death, this does not affect the obligation of the Commission to determine their eligibility for Veteran Payment. Their eligibility should be investigated as far as possible under the circumstances and a decision made in accordance with normal procedures. The following sections deal with notification and payment provisions in these circumstances.
Who to notify on the determination of eligibility
If the current or former member of the ADF had provided their (and if applicable, their partners) details, to determine if they were eligible for Veteran Payment prior to their death, the following applies.
Member of a couple
Upon the death of the current or former member of the ADF, the partner (who would have also been eligible for Veteran Payment) should be informed of the determination of eligibility.
Veteran who is not a member of a couple (or member of a couple, partner not eligible for Veteran Payment)
Upon the death of the current or former member of the ADF, a copy of the will should be obtained in order to:
establish who is the legal personal representative, or
in specific circumstances, have a person approved by the Commission as the authorised representative of the current or former member of the ADF. These circumstances include where no legal personal representative exists, or the legal personal representative is not actively pursuing the claimant’s entitlements.
The executor of the claimant’s estate may be regarded as their legal personal representative, as they are empowered to finalise all matters following the person’s death. A personal legal representative may also be separately identified in the will.
Payment of Veteran Payment if the person accessing Veteran Payment dies before eligibility is determined
If the current or former member of the ADF dies before the Commission determines their eligibility for Veteran Payment, then the following applies:
Single person (or member of a couple, partner not eligible for Veteran Payment)
If the current or former member of the ADF was a single person, then Veteran Payment will be made up to and including the date of death (from two weeks prior to the lodgement of the liability claim for a mental health condition until the date of death) to the person’s legal representative.
This also applies if the current or former member of the ADF was a member of a couple, with the partner not eligible for Veteran Payment. In this case the payment will be made to the partner or legal representative.
Member of a couple – partner eligible for Veteran Payment
If the current or former member of the ADF was a member of a couple, and they were both receiving Veteran Payment, then the partner will receive:
Veteran Payment up to the date of death for the current or former member of the ADF (partnered rate)
the partner’s Veteran Payment up to the date of death (partnered rate)
the partner’s Veteran Payment only following the date of death (at the single rate) for a period of 42 days (6 weeks) following the date of death.