Last amended: 9 April 2013
To be entitled to any compensation for death, a dependant must first submit the claim form for compensation following a death approved by the MRCC (D2053 Claim for Compensation for Dependants of Deceased Members and Former Members).
Form D2053 must be used to claim liability for the death, compensation for death and funeral expenses.
See also Chapter 2 [2] of this manual.
With respect to late claims for compensation – i.e. those made years after the death – delegates should not under any circumstances attempt to deny claims of dependants of a person (particularly dependants of a member who died after discharge) merely on the basis that the notification was late. The merits of the case must be judged solely on the basis of the evidence relating to relationship and economic dependency at the time of death.
Where an amount of compensation for death has been assessed, but not paid prior to the death of the dependant (for example, a claim by a wholly dependent partner or an eligible young person) this entitlement is not cancelled by the death of the dependant.
Delegates should pay any amounts of compensation still outstanding to the deceased dependant's designated executor or legally appointed administrator of the estate and not to any other person including those purporting to have a claim on that person's estate.
Where a wholly dependent partner or other dependant entitled to make a claim in relation to a member's death dies without making a claim, the person's legal personal representative may make a claim with any compensation being made to the dependant's estate, as set out in sub sections 321(3) [5] and (4) [5].
Links
[1] https://clik.dva.gov.au/user/login?destination=comment/reply/18917%23comment-form
[2] https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-2-claims
[3] https://clik.dva.gov.au/user/login?destination=comment/reply/18896%23comment-form
[4] https://clik.dva.gov.au/user/login?destination=comment/reply/18913%23comment-form
[5] https://www.legislation.gov.au/Details/C2022C00292/Html/Text#_Toc116476193