This item refers to actual DEATHS which OCCURRED DURING the currency of the 1971 Act.
On the rare occasions that a claim for a death before 1988 is received, the provisions of the 1971 Act are (except for the $ amounts payable) very similar to those of the SRCA:
The 1971 Act has of course been repealed but S124 of the SRCA requires that the deaths that occurred during its currency continue to be governed by its provisions. While the 1971 Act was current, it updated the maximum amounts payable in respect of death etc. annually, in line with the consumer price index. However the 1971 Act benefits have not been capable of update since that Act was repealed in 1988.
Late claims for those deaths that occurred during the currency of the SRCA are of course paid the SRCA benefit which applied in the year in which the death occurred.
However for 1971 Act deaths claimed under the SRCA, the current policy is to pay all such claims at the last rate declared under the 1971 Act (i.e. the rate current on 30 November 1988), regardless of the year of death.
This means that all 'late' 1971 Act deaths are now paid at the same maximum rate i.e.
Death lump sum S43(3)(a) |
$59,980 |
Dependent child payment |
$24.00 per week |
Minimum level, total child payments |
$2,400.00 |
Maximum payment, funeral expenses |
$1,550 |
Details of how these or some lesser amounts are to be determined and divided between those entitled, are set out at Chapter 5 [2] of this Handbook.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/20625%23comment-form
[2] https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/death-handbook/ch-5-determining-death-lump-sums-1971-act