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4.12.1 Additional Death Benefit (ADB)
If compensation is payable to the spouse or children under the SRCA, a further ADB lump sum under the Defence Act may also apply. The ADB amount paid to the spouse is not shared with anyone else. A separate 'dependent child lump sum' is payable in respect of each dependent child.
The spouse also and also qualifies for reimbursement of financial advice to a maximum level.
There is no entitlement for a guardian to be reimbursed the costs of financial advice that may be sought regarding the ADB 'dependent child lump sum'. That entitlement is specifically reserved for a spouse.
The ADB lump sum/s are payable only where there is a spouse or dependent children of the deceased.
If there is no spouse, there is no entitlement to the ADB lump sum under the Defence Act but the ADB 'dependent child lump sum' remains payable in respect of each child. This amount is not payable to a dependent child under 18 nor held in trust by the MRCC, but is paid to the legal guardian of each of the orphaned children for use in the maintenance of and to the benefit of that child. For those 'dependent children' between 18 and 25, the amount should be paid directly to the child.
The ADB to the spouse and the 'dependent child lump sum' are paid at the rate applicable at the date of the member or former member's death. These payments are indexed annually similar to statutory payments made under the SRCA. The manner in which the ADB is paid (and the way this payment interacts with the payments made under S17 of the SRCA) is set out at 1.2.
There is no time limit on applying for the Defence Act Additional Death Benefit, nor is there a one-off election or choice in relation to this entitlement.
The Defence Act ADB is only payable where the deceased employee leaves a spouse and/or children. The only person other than a spouse to whom an ADB payment can be made, is a legal guardian of an under-age dependent child. In the absence of a spouse or a dependent child of the employee, the ADB would not be payable.