No. 17 Compensation for Funeral Expenses under Section 18 of the Safety, Rehabilitation and Compensation Act 1988

Purpose

Th — e purpose of this instruction is to provide delegates with policy advice regarding compensation for funeral expenses in relation to defence-related claims under Section 18 of the Safety, Rehabilitation and Compensation Act 1988 (the SRCA).

Background

Section 18 of the SRCA provides that compensation is payable where an accepted condition results in the member's death.  Up to the maximum amount (currently $9,000) is payable to any person who incurred the cost of the funeral.  In most cases this will be either the person who paid for the funeral or the funeral director that conducted the service.

What constitutes a 'funeral' under the SRCA?

Under Section 18 of the SRCA, a 'funeral' means a ceremon — y held in connect — ion with the disposition of the body of a deceased person.  Accordingly, aside from a few exceptional circumstances, only one funeral can be held for each accepted death.

One exception to this rule may be where a funeral does not include the disposition of the body because the body of the deceased person has not been recovered.  In such circumstances, delegates may wish to contact Military Compensation Policy for advice where it appears that more than one 'funeral' is to be or has been held for a deceased person.

Multiple Claimants

Because of these requirements, a payment will generally be payable only once for each accepted death.  However, this payment can be split between multiple claimants if more than one person incurred a cost connected with the funeral, as long as the maximum payment is not exceeded for that funeral.

Section 17 of the SRCA

While a claim for funeral benefits may be made by a dependant who has made a claim for compensation under Section 17 of the SRCA, there is no necessary link between the two claims.  In particular, there is no need for a claim to have be — en lodged or determined under section 17 before compensation under Section 18 of the SRCA for funeral expenses can be paid.  However, as stated above, delegates must determine that the member's accepted condition resulted in their death before a payment under Section 18 can be made.

Multiple Claimants

Because of the — se requirements, a payment will generally be payable only once for each accepted death.  However, this payment can be split between multiple claimants if more than one person incurred a cost connected with the funeral, as long as the maximum payment is not exceeded for that funeral.

Offsetting

A compensation payment under Section 18 must have regard to any amount paid or payable in respect of the cost of the same funeral under any other law of the Commonwealth.  This means that any payment made under Section 18 of the SRCA should be offset against any funeral benefit received under the Veterans' Entitlements Act 1986 or other Commonwealth legislation.

Contact

Any questions regard — ing this Policy Instruction should be addressed to Luke Brown on (02) 6289 6095 or Luke.Brown@dva.gov.au.