Legislative Authority
Military Rehabilitation and Compensation Act 2004
Chapter 5 Part 2 Division 2 Paragraph 234(1)(b)
Stated Current Purpose/Intent
To compensate the wholly dependent partner of a member or former member whose service rendered on or after 1 July 2004 has caused or contributed to his or her death. The entitlement is a tax-free payment based on rate of payment of the VEA war widow(er)'s pension, and can be taken as a periodic payment (currently $434.00 per week, paid fortnightly, as at 20 September 2014) or its age-based lump sum equivalent.
Current Eligibility Criteria
This is payable to a wholly dependent partner of a deceased member where:
- liability for the member's death has been accepted; or
- the deceased member satisfied the criteria for receiving a SRDP during some period of his or her life; or
- the deceased member's permanent impairment immediately before his or her death is assessed at 80 or more points.
Notes
- A wholly dependent partner is a person who was married to, or in a marriage-like relationship (including a same sex relationship) with the member immediately before the member's death; and was wholly dependent on the member for economic support.
- A partner living with the member immediately before the member's death is deemed as being wholly dependent on the member for economic support without having to establish the dependency for economic support.
- A partner is also deemed as being wholly dependent where the couple were temporarily living apart or were living apart due to illness of either or both of them immediately before the member's death.
- Financial and legal advice compensation is provided to defray the costs of advice obtained in connection with making the choice of taking the compensation following death as a lump sum, periodic payments, or a combination of the two – see Financial and Legal Advice Compensation.
Date of Introduction
1 July 2004
Original Purpose/Intent
The original intention has not changed.
| Significant Changes in Criteria or Purpose Since Introduction | |
|---|---|
| 2009 | Same sex partners treated the same as opposite sex de facto partners |
| 2012 | Clean energy advance payable for the period 1 July 2012 to 19 March 2013 for eligible recipients. |
| 2013 | Clean energy supplement commences 20 March 2013 for eligible recipients. In response to the Review of Military Compensation Arrangements, from 1 July 2013:
|
| 2014 | Clean energy supplement replaced by energy supplement commenced 20 September 2014. |