11Definition of surviving spouse

11 Definition of surviving spouse

(1) A person is a surviving spouse of an invalid, or covered ADF member, who dies if the person had a marital or couple relationship with the invalid or member at the time of the death. (2) However, a person is also a surviving spouse of an invalid, or covered ADF member, who dies if: (a) the person had previously had a marital or couple relationship with the invalid or member; and (b) at the time of the death, the person did not have a marital or couple relationship with the invalid or member but was legally married to the invalid or member; and (c) in CSC’s opinion, the person was wholly or substantially dependent upon the invalid or member at the time of the death.

Note: If there is more than one surviving spouse of the same invalid, or covered ADF member, who dies and each of them would be entitled to a benefit because of that death if he or she were the only surviving spouse of the invalid or member, CSC determines which of the surviving spouses the benefit is paid to and in what amount. Under section 39, CSC may determine:

(a) that the benefit is divided between them in proportions determined by CSC; or
(b) that the whole benefit is payable to only one of them, and no benefit is payable to the rest.