sec.176Mixed applications by family members

### sec.176 Mixed applications by family members This section applies if— someone died before the commencement in circumstances constituting murder or manslaughter; and there are 2 or more members of the deceased person’s family who are not dependants of the deceased person; and 1 or more of the members makes an application for assistance under division 3, subdivision 2; and 1 or more of the other members— makes an application under section 35 of the repealed Act under section 177(4); or had previously made an application under section 35 of the repealed Act— that was decided before the commencement; or to which section 169 applies. The members of the deceased person’s family who apply for assistance under division 3, subdivision 2 are only eligible for assistance of up to the remaining COVA pool (if any) for the deceased person’s death. For applying sections 71 and 72 to an application for assistance under division 3, subdivision 2, a reference in section 71(2)(a) to a victim of the same kind does not include the members mentioned in subsection (1)(d). If the government assessor decides to grant assistance under division 3, subdivision 2, the notice given to the applicant under section 90 must also state the amount of the remaining COVA pool. To remove any doubt, it is declared that for this Act, the remaining COVA pool is an assistance limit for the members who apply for assistance under division 3, subdivision 2. In this section— dependant means dependant as defined under schedule 3 of the repealed Act. prescribed amount means the amount prescribed under the repealed Act for section 35 (3) of that Act. remaining COVA pool , for a deceased person’s death, means the part of the prescribed amount that has not been paid under section 35 of the repealed Act to members of the deceased person’s family, who are not dependants, for the deceased person’s death. (sec.176-ssec.1) This section applies if— someone died before the commencement in circumstances constituting murder or manslaughter; and there are 2 or more members of the deceased person’s family who are not dependants of the deceased person; and 1 or more of the members makes an application for assistance under division 3, subdivision 2; and 1 or more of the other members— makes an application under section 35 of the repealed Act under section 177(4); or had previously made an application under section 35 of the repealed Act— that was decided before the commencement; or to which section 169 applies. (sec.176-ssec.2) The members of the deceased person’s family who apply for assistance under division 3, subdivision 2 are only eligible for assistance of up to the remaining COVA pool (if any) for the deceased person’s death. (sec.176-ssec.3) For applying sections 71 and 72 to an application for assistance under division 3, subdivision 2, a reference in section 71(2)(a) to a victim of the same kind does not include the members mentioned in subsection (1)(d). (sec.176-ssec.4) If the government assessor decides to grant assistance under division 3, subdivision 2, the notice given to the applicant under section 90 must also state the amount of the remaining COVA pool. (sec.176-ssec.5) To remove any doubt, it is declared that for this Act, the remaining COVA pool is an assistance limit for the members who apply for assistance under division 3, subdivision 2. (sec.176-ssec.6) In this section— dependant means dependant as defined under schedule 3 of the repealed Act. prescribed amount means the amount prescribed under the repealed Act for section 35 (3) of that Act. remaining COVA pool , for a deceased person’s death, means the part of the prescribed amount that has not been paid under section 35 of the repealed Act to members of the deceased person’s family, who are not dependants, for the deceased person’s death. - (a) someone died before the commencement in circumstances constituting murder or manslaughter; and - (b) there are 2 or more members of the deceased person’s family who are not dependants of the deceased person; and - (c) 1 or more of the members makes an application for assistance under division 3, subdivision 2; and - (d) 1 or more of the other members— (i) makes an application under section 35 of the repealed Act under section 177(4); or (ii) had previously made an application under section 35 of the repealed Act— (A) that was decided before the commencement; or (B) to which section 169 applies. - (i) makes an application under section 35 of the repealed Act under section 177(4); or - (ii) had previously made an application under section 35 of the repealed Act— (A) that was decided before the commencement; or (B) to which section 169 applies. - (A) that was decided before the commencement; or - (B) to which section 169 applies. - (i) makes an application under section 35 of the repealed Act under section 177(4); or - (ii) had previously made an application under section 35 of the repealed Act— (A) that was decided before the commencement; or (B) to which section 169 applies. - (A) that was decided before the commencement; or - (B) to which section 169 applies. - (A) that was decided before the commencement; or - (B) to which section 169 applies.