Last amended: 17 April 2012
There are two definitions of indigent circumstances [2] depending on whether the deceased was a veteran [2] with a partner [2], or either a single veteran or dependant of a deceased veteran/member. The table below illustrates the different definitions.
If the person who died was a... |
And the value of their estate |
Then... |
Partnered veteran |
After deducting all liabilities including funeral expenses totals $5,000 or more |
They are not considered to have died in indigent circumstances More ? [3] |
Partnered veteran |
After deducting all liabilities including funeral expenses totals less than $5,000 |
They are considered to have died in indigent circumstances More ? [4] |
Single veteran or a dependant of a deceased veteran/member |
Covers all liabilities including funeral expenses |
They are not considered to have died in indigent circumstances More ? [5] |
Single veteran or a dependant of a deceased veteran/member |
Is not sufficient to cover all liabilities including funeral expenses |
They are considered to have died in indigent circumstances More ? [6] |
When calculating the value of a partnered veterans estate, the value of the family home and family car are not included. For the purposes of determining indigent circumstances, these assets are not taken as forming part of the estate, rather they are regarded as being passed directly onto the surviving partner. This applies regardless of whether the veteran and his/her partner are living in residential aged care and their former home is regarded as an assessable asset for pension purposes.
The home in which the person formerly resided and their car are included when determining whether a single veteran, or a dependant of a deceased veteran/member died in indigent circumstances.
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Eligibility for funeral benefit
8.3.2/Other Funeral Benefit Grant for a Deceased Veteran or Member [7]
Eligibility for funeral benefit
8.3.2/Other Funeral Benefit Grant for a Deceased Veteran or Member [7]
Eligibility for a funeral benefit for a veteran and a dependant of a deceased veteran
8.3.2/Other Funeral Benefit Grant for a Deceased Veteran or Member [7]
Section 8.3.3 Funeral Benefit for a Dependant of a Deceased Veteran or Member [10]
Eligibility for a funeral benefit for a veteran and a dependant of a deceased veteran
8.3.2/Other Funeral Benefit Grant for a Deceased Veteran or Member [7]
Section 8.3.3 Funeral Benefit for a Dependant of a Deceased Veteran or Member [10]
Indigent means needy or poor. The term 'indigent circumstances' is used in the VEA [2] in relation to eligibility for a bereavement payment under section 98AA and funeral benefit under sections 99 or 100.
For both funeral benefit and bereavement payment purposes, indigency means that the estate of a deceased person without dependants has insufficient funds to pay for all liabilities including the funeral. A similar test applies where a [glossary:veteran:DEF/Veteran] is survived by a dependant except that certain assets are excluded from the value of the estate such as the family home, the family car and up to $5,000 in cash.
A detailed table of eligibility based on indigency is at CLIK Policy at Section 8.3.5
For the purposes of Part VI of the VEA [13], a reference to a veteran is taken to be a reference to:
For the purposes of Part VII of the VEA [13], according to subsection 5C(1), veteran means a person (including a deceased person):
A person's 'partner' is someone who is a member of a couple with that person.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/15913%23comment-form
[2] https://clik.dva.gov.au/%23
[3] https://clik.dva.gov.au/book/export/html/15913#tgt-cspol_part8_ftn136
[4] https://clik.dva.gov.au/book/export/html/15913#tgt-cspol_part8_ftn137
[5] https://clik.dva.gov.au/book/export/html/15913#tgt-cspol_part8_ftn138
[6] https://clik.dva.gov.au/book/export/html/15913#tgt-cspol_part8_ftn139
[7] https://clik.dva.gov.au/compensation-and-support-policy-library/part-8-bereavement-assistance/83-funeral-benefits/832-funeral-benefit-deceased-veteran/other-funeral-benefit-grant-deceased-veteran-or-member
[8] https://clik.dva.gov.au/book/export/html/15913#ref-cspol_part8_ftn136
[9] https://clik.dva.gov.au/book/export/html/15913#ref-cspol_part8_ftn137
[10] https://clik.dva.gov.au/compensation-and-support-policy-library/part-8-bereavement-assistance/83-funeral-benefits/833-funeral-benefit-dependant-deceased-veteran-or-member
[11] https://clik.dva.gov.au/book/export/html/15913#ref-cspol_part8_ftn138
[12] https://clik.dva.gov.au/book/export/html/15913#ref-cspol_part8_ftn139
[13] http://clik.dva.gov.au/legislation-library