Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (17 of 2025)

Schedule 1   Single ongoing Act main amendments

Part 3   Other amendments

Division 5   Posthumous permanent impairment payments

Military Rehabilitation and Compensation Act 2004

116   Subsection 78(7)

Repeal the subsection, substitute:

Choice may be made by legal personal representative

(7) The legal personal representative of a deceased person may choose to convert 100% of the weekly amount of compensation that would have been payable to the deceased person but for the person's death to a lump sum if:

(a) the deceased person made the claim for compensation before the person's death; and

(b) the deceased person did not make a choice under subsection (1) in respect of the weekly amount before the person's death.

Note: A claim made before the death of the person who made the claim continues to have effect after the death of that person (see subsection 321(1)).

(8) The choice under subsection (7) must be made in writing and must be given to the Commission within 6 months after the date on which the legal personal representative is given the notice under section 76.

(9) For the purposes of working out the amount of the lump sum if a choice is made under subsection (7), subsection (5) applies as if:

(a) the appropriate percentage were 100%; and

(b) the weekly amount converted to a lump sum were worked out by reference to the person's age at the date of the person's death; and

(c) the weekly amount converted to a lump sum excluded any compensation payable in respect of the effect of a service injury or disease on a person's lifestyle.