13ACertain dependants to be automatically paid pension

13A Certain dependants to be automatically paid pension

(1) If: (a) a veteran dies; and (b) the veteran is survived by a dependant of the deceased veteran; and (c) the veteran: (i) was, immediately before the veteran’s death, a veteran to whom subsection 22(4) or section 23, 24 or 25 applied; or (ii) was, immediately before the veteran’s death, a veteran to whom section 22 applied who was in receipt of a pension the rate of which had been increased under subsection 27(2) by an amount specified in any of items 1 to 8 of the Table in subsection 27(1); or (iii) is a veteran to whom subsection 13(3) applies; the pension payable to the dependant in respect of the death of the veteran is payable: (d) without the dependant having to make a claim for the pension under section 14; and (e) without the Commission having to make a determination under section 19.

Note: For the dependant’s eligibility for pension see subsection 13(2).

(1A) If: (a) a veteran dies; and (b) the veteran is survived by a person who is a dependant of the veteran; and (c) the veteran was a prisoner of war at a time when the veteran was on operational service; and (d) at the time when the veteran dies, the Secretary: (i) is aware of the person’s existence; and (ii) is aware that the person is a dependant of the veteran; and (iii) has enough information about the veteran’s and the person’s circumstances to know that a pension is payable to the dependant under subsection 13(2A); the pension payable to the dependant in respect of the death of the veteran is payable: (e) without the dependant having to make a claim for the pension under section 14; and (f) without the Commission having to make a determination under section 19.

Note: For the dependant’s eligibility for pension see subsection 13(2A).

(2) The pension is payable from and including the day after the veteran died.

Note: For the rate at which the pension is payable to the dependant see section 30.