It may be the case that a person is held not to be wholly dependent for economic support on an employee if that person is also, in addition to that employee's support, in receipt of:
This would be the case if that person was at least partly relying on that payment for their economic support.
However, as indicated in 1.16 [2], the receipt by the person of such a payment does not of itself preclude a determination that the person was wholly dependent for economic support on the deceased. Further, some Government benefits are excluded by the Act – or by Defence Determination – from consideration when a delegate is determining the state of economic dependency (on the employee) of a particular dependant.
Subsection 4(7) of the SRCA says:
In ascertaining, for the purposes of this Act, other than Subsection 17(5), whether a child is or was dependent upon an employee, any amount of:
a)family tax benefit calculated under Part 2 or 3 of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 (an individual's Part A rate), and
b)carer allowance under that Act, and
c)double orphan pension under that Act,
shall not be taken into account.
A similar limitation on taking account of Government benefits is in the Defence Determination.
Where a person can be described by one of the categories of familial relationships specified in the definition of 'dependant' at s(4)1, but nevertheless can not demonstrate economic dependence on the deceased, that person can not be a 'dependant'. Nothing is payable under S17 of the SRCA to such a person. Read also 1.10 [4] of this chapter, as this also deals with this topic.
Where there were no persons 'dependent for economic support', nothing is payable under Section 17 of the Act in respect of that death.
Furthermore, the Additional Death Benefit (ADB) under the Defence Act is payable only if:
10.5.5 ' (1)(c.)...SRC compensation in respect of the injury is payable to, or for the benefit of, the spouse or 1 or more dependent children...'
and therefore in such circumstances, nothing is payable under the Defence Act either.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/20697%23comment-form
[2] https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/death-handbook/ch-1-legislation-and-definitions/116-how-determine-whether-person-was-wholly-or-partly-dependent
[3] https://clik.dva.gov.au/user/login?destination=node/20702%23comment-form
[4] https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/death-handbook/ch-1-legislation-and-definitions/110-compensation-under-s17-srca-not-payable-where-no-dependants