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Military Rehabilitation and Compensation Act 2004
231Simplified outline of this Chapter
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231 Simplified outline of this Chapter
This Chapter provides for compensation and other benefits for dependants of certain deceased, current and former members.
Most of the benefits are provided to dependants of deceased members to whom section 12 applies. That section applies to a deceased member who died from a service death or who suffered a serious impairment from a service injury or disease before his or her death.
Part 2 provides compensation for the partners of these members if the partners were wholly dependent on the member before the member’s death.
Part 3 provides compensation for the children of these members. Other young people who were dependent on a deceased member before the member’s death might also be entitled to compensation.
The Commission can set up a scheme under Part 3 to provide education and training for the children and young dependants of deceased members, as well as for the children and young dependants of some current and former members.
Part 4 provides compensation for other dependants who were wholly or partly dependent on a deceased member to whom section 12 applies.
Part 5 provides compensation for the cost of such a deceased member’s funeral.
Part 2—Compensation for member’s death for wholly dependent partners
232 Simplified outline of this Part
This Part provides compensation for the partners of deceased members in respect of whom section 12 applies if the partner was wholly dependent on the member before his or her death.
Division 2 provides that compensation is payable weekly, but that the partner may choose to convert 25%, 50%, 75% or 100% of the weekly amount to a lump sum. Division 2 also provides additional lump sum compensation for a partner if the deceased member died from a service death.
Division 3 provides compensation for the cost of financial advice and legal advice obtained for a partner who is entitled to compensation under Division 2.
Division 4 provides a partner with a further lump sum if the deceased member received some types of compensation under Chapter 4.
The partner might be entitled to MRCA supplement under Division 5.
A partner who is entitled to compensation under this Chapter might also be entitled to have free treatment, or compensation for treatment, provided under Chapter 6.
Division 2—Compensation for member’s death for wholly dependent partners