Veterans' Affairs Legislation Amendment (2007 Measures No. 1) Act 2007 (89 of 2007)

Schedule 1   Amendment of the Veterans' Entitlements Act 1986

Part 1   Amendments

68   After subsection 118ND(2)

Insert:

DFISA paid to a carer after care recipient dies

(2A) If:

(a) a person (the carer ) is qualified for payments under a bereavement payment provision of the Social Security Act in relation to the death of another person (the care recipient ), who is not the carer's partner, for whom the carer has been caring; and

(b) after the death of the care recipient, an amount of DFISA to which the carer would have been entitled if the care recipient had not died has been paid under this Part; and

(c) the Commission is not satisfied that the carer has not had the benefit of the DFISA amount;

the following provisions have effect:

(d) the DFISA amount is not recoverable from the carer, except to the extent (if any) that the DFISA amount exceeds the amount payable to the carer under the bereavement payment provision;

(e) the amount payable to the carer under the bereavement payment provision is to be reduced by the DFISA amount.

Note: For bereavement payment provision see subsection (4).