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3.3 Deaths in Service


Deaths in service will in almost all circumstances be covered under the Military, Rehabilitation and Compensation Act 2004 (MRCA). However, in some circumstances a member may be suffering from a condition which is as a result of SRCA service, but dies during MRCA service.

For example, a member who suffers from cancer that has been materially or significantly contributed to by SRCA service pre 1 July 2004. Sometime later they die from cancer whilst on duty. At first the delegate should investigate whether the death can be accepted under the MRCA. Refer to the MRCA Death and Liability Chapters for further guidance. If the death cannot be accepted under the MRCA, the delegate should then look at a connection to SRCA service – that is the death was a result of a condition that can be accepted under the SRCA. Whilst the following comments will more often relate only to MRCA death cases, it is still important to bear them in mind for any death in service no matter which Act is covered.

'In service' deaths have some other distinguishing features which impact on the liability investigation process as follows: