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7.4.1 Section 12 requirements
Section 12 of the MRCA requires that in order for compensation following death to be payable, the member must have met at least one of the following criteria:
- the MRCC has accepted liability for the death; or
- the member satisfied the eligibility criteria in section 199 of the MRCA at some period of his or her life entitling him or her to make a choice between incapacity payments and the special rate disability pension; or
- the MRCC has determined that the impairment suffered by the deceased member before his or her death as a result of one or more defence-related injuries constituted 80 or more impairment points. The 80 points can be made of a combination of impairment points from the MRCA and other legislation as per the transitional methodology contained in the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004.
Note: For dependants to be considered eligible under section 12(2) and section 233, the Commission is able to retrospectively consider whether the deceased person would have met the eligibility criteria under section 199 at some point prior to death, however a SRDP determination to that effect is not required. Instead, a determination can be made under section 12(2) that a deceased person met the eligibility critera of subsection 199(1) at some point during their life.
SRDP delegates may be able to assist in investigating and establishing whether the person would have met the SRDP criteria at some point prior to death.