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  • Ch 4 Determining SRCA/ADB Lump Sum Entitlements

Ch 4 Determining SRCA/ADB Lump Sum Entitlements

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In this chapter

  • 4.1 Identifying 'Dependants' who may be Entitled to Compensation
  • 4.2 Who is a prescribed child?
  • 4.3 Dependants other than a spouse/children
  • 4.4 Liability Where There are No Dependants
  • 4.5 Economic Dependency
  • 4.6 Determining the Lump Sum Option to be Paid
  • 4.7 Principles for Apportioning the Death Lump Sum between Dependants
  • 4.8 Guidelines for Apportioning the Lump Sum
  • 4.9 Calculating the Amount of Economic Loss
  • 4.10 Weekly Payments to 'Prescribed Children'
  • 4.11 Review of S17(5) Weekly Payments to 'Prescribed Children'
  • 4.12 Other death benefits
  • 4.13 Lump sums to dependants under the age of 18
  • 4.14 Establishment of Trust Funds for 'Prescribed Children'
  • 4.15 Administration of Trust Funds for 'Prescribed Children'
  • 4.16 Guardians of 'Prescribed Children'
  • 4.17 Administering Weekly Payments to 'Prescribed Children'

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Death Handbook

  • Ch 4 Determining SRCA/ADB Lump Sum Entitlements
    • 4.1 Identifying 'Dependants' who may be Entitled to Compensation
      • 4.1.1 The scheme of the Act
      • 4.1.2 The delegates investigation re: 'dependants'
      • 4.1.3 Dependants = claimants?
      • 4.1.4 Investigation strategy
    • 4.2 Who is a prescribed child?
    • 4.3 Dependants other than a spouse/children
    • 4.4 Liability Where There are No Dependants
    • 4.5 Economic Dependency
      • 4.5.1 No Economic Dependants
    • 4.6 Determining the Lump Sum Option to be Paid
    • 4.7 Principles for Apportioning the Death Lump Sum between Dependants
      • 4.7.1 Every dependant is potentially entitled to receive some part of the lump sum
      • 4.7.2 The lump sum may be distributed unequally between the deceased employee's dependants
      • 4.7.3 Economic loss is to be ascertained by reference to the sources of economic support available to each dependant at the date of the employee's death
      • 4.7.4 The time period during which the employee could reasonably have been expected to continue supporting each dependant should be taken into account
    • 4.8 Guidelines for Apportioning the Lump Sum
    • 4.9 Calculating the Amount of Economic Loss
      • 4.9.1 Where total payable to all of the dependants exceeds Ss17(4) limit
      • 4.9.2 Examples
    • 4.10 Weekly Payments to 'Prescribed Children'
    • 4.11 Review of S17(5) Weekly Payments to 'Prescribed Children'
    • 4.12 Other death benefits
      • 4.12.1 Additional Death Benefit (ADB)
      • 4.12.2 Education services
      • 4.12.3 Funeral and medical costs
    • 4.13 Lump sums to dependants under the age of 18
    • 4.14 Establishment of Trust Funds for 'Prescribed Children'
    • 4.15 Administration of Trust Funds for 'Prescribed Children'
    • 4.16 Guardians of 'Prescribed Children'
    • 4.17 Administering Weekly Payments to 'Prescribed Children'
  • Overview
  • Ch 1 Legislation and Definitions
    • 1.1 Compensation for injuries resulting in Death - S17 of the SRCA
    • 1.2 Additional Death Benefit - Defence Act 1903
    • 1.3 For S17 SRCA and ADB: the date of death is significant, not date of injury
    • 1.4 Other compensation: claimed and determined but not paid prior to the death of a member or former member - S111 of SRCA
    • 1.5 Other compensation: not claimed or claimed but not determined prior to death
    • 1.6 Reimbursement of funeral expenses (to a max benefit) - S18 of the SRCA
    • 1.7 Reimbursement of costs of transport of the body - S16 of the SRCA
    • 1.8 Compensation for Death - S43 of the 1971 Act
    • 1.9 Compensation for Death - S9, 9A, 10 and 'Schedule 1' of 1930 Act
    • 1.10 Compensation under S17 of SRCA Not Payable Where No Dependants
    • 1.11 What is a 'Dependant'?
    • 1.12 What Constitutes Partly or Wholly Dependent for Economic Support?
    • 1.13 Spouse and Prescribed Children Resident with Member are Deemed to be Wholly Dependent
    • 1.14 Other Persons Resident with Member before death
    • 1.15 Certain persons Deemed to be Wholly or Partly Dependent
    • 1.16 How to determine whether a person was wholly or partly dependent
    • 1.17 Who is a 'child/stepchild of a deceased member' for the purposes of the SRCA?
    • 1.18 Who is a 'Prescribed Child' for the Purposes of the SRCA?
    • 1.19 What is a 'Dependent Child' for the ADB?
    • 1.20 Children of the Employee Born after the Death of the Employee
      • 1.20.1 Posthumous children conceived by IVF
      • 1.20.2 Posthumous extra-marital children vs children of a relationship
    • 1.21 What is a 'Spouse' for the SRCA?
      • 1.21.1 Important Note re: married persons
      • 1.21.2 Inclusive list of those who qualify as 'spouse' for purposes of the SRCA
      • 1.21.3 De facto partners
      • 1.21.4 Relationship as a couple living together on a genuine domestic basis
      • 1.21.5 De facto partnerships within Defence
      • 1.21.6 More than one spouse
    • 1.22 What is a 'Spouse' for the purposes of the Additional Death Benefit (ADB)?
  • Ch 2 Claims
    • 2.1 Claims for Compensation Following Death
      • 2.1.1 General
      • 2.1.2 Where the death results from an accepted condition
      • 2.1.3 Where death occurs without any prior claim for injury
      • 2.1.4 Voluntary Assisted Dying
    • 2.2 Notification of Death and Initiation of Investigation
    • 2.3 Death = High Priority Claim
    • 2.4 Need for ACCURACY in Death Claims - S56 Prohibits 2nd Determinations
  • Ch 3 Investigating the Nexus With Employment
    • 3.1 Deaths after Discharge - Liability Previously Accepted for Cause
    • 3.2 Deaths after Discharge - Liability not Previously Accepted for Cause
    • 3.3 Deaths in Service
      • 3.3.1 ADF accident/incident investigations
      • 3.3.2 Liaison with the ADF unit and Defence Community Organisation
      • 3.3.3 Contact with the spouse/dependants
    • 3.4 Proving Liability for the Death and Removal of Statutory Exclusions
    • 3.5 Suicides
    • 3.6 Death Certificates
  • Ch 5 Determining Death Lump Sums for 1971 Act
    • 5.1 Determining Death Benefits under the 1971 Act
  • Ch 6 Determining Death Lump Sums for 1930 Act
    • 6.1 Determining death benefits under the 1930 Act
  • Ch 7 Other Death Benefits
    • 7.1 Transport of the Body to a Hospital, Morgue etc. Section 16
    • 7.2 Transport of the Body from an Overseas Place of Death.
    • 7.3 Funeral Costs - Section 18
    • 7.4 Permanent Impairment in the Period before Death
    • 7.5 Payment for Financial Advice
  • Ch 8 Making Determinations re Death
    • 8.1 Form of the Lump-Sum Determination
      • 8.1.1 General requirements
      • 8.1.2 Where the only entitled persons are a spouse resident with employee and joint children of the employee and that spouse
      • 8.1.3 Where there is only one entitled person and that person is not a spouse
      • 8.1.4 Where there is more than one entitled person or alternatively there was more than one claimant,
    • 8.2 Form of Determinations for S16 (Medical, Transport) and S18 (Funeral)
    • 8.3 Clearance/Offsets where Dual Liability (VEA/SRCA) Exists
    • 8.4 Advice to Clients re: Right to Sue Commonwealth in Lieu of Compensation
  • Ch 9 Legal Action(s) in Respect of the Death
    • 9.1 S44 Inapplicable re: Death Cases (i.e. Legal Action Vs Commonwealth is Possible)
    • 9.2 Life Insurance Policies
    • 9.3 Actions against the Commonwealth - Limitation by S48
    • 9.4 Actions against Third Parties (i.e. 'recovery of damages' and S48)
    • 9.4.1 Action aginst Third Parties instituted or taken over by the MRCC
    • 9.5 Not all Categories of Damages Recovered, are Subject to Limitation
    • 9.6 Recovery of Damages Negates Entitlement to ADB (as well as SRCA)
    • 9.7 Where Damages Recovered via State Laws ('specified law' and S119)
    • 9.8 Where Damages Recovered under Specified State laws - Effect on ADB
    • 9.9 Damages Recovered under State Workers Compensation - S118
    • 9.10 Notice of any Legal Action to be Given to the Department - Penalties
    • 9.11 Dependant(s) Refuse(s) S17 Payments and Sues Commonwealth or Third Party.
      • 9.11.1 Background and purpose
      • 9.11.2 When and to whom S49 applies
      • 9.11.3 Where there is only one 'prescribed dependant'
      • 9.11.4 Where there is more than one 'prescribed dependant'
    • 9.12 Commonwealth may take over Proceedings Against Third Parties (S50)
    • 9.13 Effect of legal actions ('recovery of damages') under 1971 Act
      • 9.13.1 Where the court awards 100% of claimed losses to a dependant
      • 9.13.2 Where the court reduces damages due to the employee's negligence
      • 9.13.3 Other provisions of Section 99
      • 9.13.4 S100 of 1971 Act - Re: Dependants not claiming compensation.
    • 9.14 Effect of Legal Actions ('recovery of damages') under 1930 Act

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Accessed: 2 October 2023
URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/death-handbook/ch-4-determining-srcaadb-lump-sum-entitlements