Family and Community Services and Veterans' Affairs Legislation Amendment (2004 Election Commitments) Act 2004 (132 of 2004)

Schedule 5   Increase in bereavement payments in respect of above general rate disability pensioners

Veterans' Entitlements Act 1986

1   Subsection 98A(2)

Repeal the subsection, substitute:

(2) The widow or widower of the deceased veteran is entitled, in respect of the period of 12 weeks after the deceased veteran's death, to payments at:

(a) if the deceased veteran was, immediately before his or her death, in receipt of the disability pension at a rate under subsection 22(4), 23(4), (5) or (6) or 24(4), (5) or (6) - the rate at which the disability pension would have been payable to him or her, if he or she had not died, on the first available pension pay day after the Commission becomes aware of the death; or

(b) in any other case - the lower of the following:

(i) the rate at which the disability pension would have been payable to the deceased veteran, if he or she had not died, on the first available pension pay day after the Commission becomes aware of the death;

(ii) the general rate in force on that pension pay day.