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

Schedule 2   Single ongoing Act enhancements

Part 1   Amendments relating to allowances etc.

Division 1   Compensation for funeral expenses

Military Rehabilitation and Compensation Act 2004

7   At the end of Part 5 of Chapter 5

Add:

Division 3 - Other deceased members and dependants of deceased members

268AA Automatic payment of funeral compensation to estate of certain deceased members

The Commonwealth is liable to pay, to the estate of a deceased member, compensation in respect of the deceased member's funeral if, immediately before the deceased member died:

(a) the member was being paid a pension under Part II of the VEA at the rate specified in subsection 22(4) of that Act; or

(b) the member was being paid a pension under Part II of the VEA as a member to whom section 24 of that Act applied; or

(c) the member was being paid a pension under Part II of the VEA at a rate that had been increased under section 27 of that Act because the member was incapacitated from a war-caused injury or a war-caused disease of a kind described in any of items 1 to 8 of the table in subsection 27(1) of that Act; or

(d) the Commission was satisfied that the member had, before 1 July 2004, been made a prisoner of war at a time when the member was rendering operational service.

Note: A claim for compensation under section 319 is not required.

268AB Funeral compensation for certain other deceased members

(1) The Commonwealth is liable to pay compensation in respect of a deceased member's funeral if:

(a) any of subsections (3) to (5) apply in respect of the deceased member; and

(b) the Commonwealth is not liable to pay compensation in respect of the deceased member's funeral under section 268AA; and

(c) a claim for compensation has been made under section 319.

(2) The claim under section 319 may only be made:

(a) in respect of a dependant of the deceased member if the dependant incurred the cost of the funeral; or

(b) by the deceased member's legal personal representative.

(3) This subsection applies in respect of a deceased member if:

(a) the member's death was war-caused (within the meaning of the VEA); or

(b) the member died in indigent circumstances.

(4) This subsection applies in respect of a deceased member if:

(a) the member died:

(i) in a hospital or other institution; or

(ii) while travelling to or from a hospital or other institution; or

(iii) after having been discharged from a hospital or other institution in which the member was being treated for a terminal illness; or

(iv) while being treated for a terminal illness at the member's home instead of at a hospital or other institution; and

(b) if subparagraph (a)(i) or (ii) applies - treatment is or was provided in the hospital or other institution; and

(c) in any case - the treatment is or was arranged by the Commission under Chapter 6 of this Act or Part V of the VEA.

(5) This subsection applies in respect of a deceased member if, after the death of the member:

(a) a pension is granted to the member that is determined to be payable, from a date before the member's death:

(i) at a rate that is worked out under subsection 22(4) of the VEA; or

(ii) at a rate that is worked out under section 24 of theVEA; or

(iii) at a rate that is worked out under section 27 of theVEAbecause the member was suffering from incapacity from a war-caused injury or a war-caused disease of a kind described in any of items 1 to 8 of the table in subsection 27(1) of that Act; or

(b) the rate of a pension that was payable to the member under Part II of the VEAis increased, as from a date before the member's death because:

(i) subsection 22(4) or section 24 of theVEAapplied to the member as from that date; or

(ii) section 27 of the VEAapplied to the member as from that date because of incapacity from a war-caused injury or a war-caused disease of a kind described in any of items 1 to 8 of the table in subsection 27(1) of that Act; or

(c) information is received which satisfies the Commission that the member was, before 1 July 2004, made a prisoner of war at a time when the member was rendering operational service.

268AC Funeral compensation for certain dependants of deceased members

(1) The Commonwealth is liable to pay compensation in respect of the funeral of a dependant of a deceased member if:

(a) any of subsections (3) to (5) apply in respect of the dependant; and

(b) a claim for compensation has been made under section 319.

(2) The claim under section 319 may only be made:

(a) by the deceased dependant's legal personal representative; or

(b) by another person approved by the Commission to make the claim.

(3) This subsection applies in respect of a dependant of a deceased member if:

(a) the dependant is not a reinstated pensioner (within the meaning of the VEA); and

(b) the dependant died in indigent circumstances; and

(c) any of the following apply in respect of the deceased member:

(i) the member's death was war-caused (within the meaning of the VEA);

(ii) immediately before the member's death, the member was being paid a pension under Part II of the VEA as a member to whom section 24 of that Act applied;

(iii) immediately before the member's death, the member was being paid a pension under Part II of the VEA at a rate that had been increased under section 27 of that Act because the member was incapacitated from a war-caused injury or a war-caused disease of a kind described in any of items 1 to 8 of the table in subsection 27(1) of that Act.

(4) This subsection applies in respect of a dependant of a deceased member if the dependant:

(a) is a reinstated pensioner (within the meaning of the VEA); and

(b) died in indigent circumstances.

(5) This subsection applies in respect of a dependant of a deceased member if:

(a) either:

(i) the dependant was a wholly dependent partner of the deceased member; or

(ii) the dependant was both an eligible young person, and a dependant of the deceased member, immediately before the member's death; and

(b) the dependant died in indigent circumstances; and

(c) section 12 applies in respect of the deceased member.

268AD Amount of funeral compensation

Amount for section 268AA

(1) The amount of compensation payable under section 268AA is $3,000.

Amount for section 268AB

(2) The amount of compensation payable under section 268AB is the sum of:

(a) the lesser of the following amounts:

(i) $3,000;

(ii) an amount equal to the amount paid or payable in respect of the funeral of the deceased member; and

(b) if the body of the deceased member was transported in the circumstances mentioned in subsection (3) - an amount equal to a reasonable charge for transporting the body of the deceased member.

(3) For the purposes of paragraph (2)(b), the circumstances are as follows:

(a) the deceased member died at a place other than the member's ordinary place of residence;

(b) the deceased member was absent from the member's ordinary place of residence for the purpose of obtaining medical treatment;

(c) the Commission arranged for the provision of the treatment;

(d) a charge was made by the funeral director expressly for transporting the body of the deceased member from the place where the member died to the place where the member ordinarily resided immediately before the member died;

(e) the charge made by the funeral director did not relate to transporting the body of the deceased member:

(i) outside Australia; or

(ii) from one place in the metropolitan area of a capital city to another place in the metropolitan area of that city.

(4) For the purposes of paragraph (3)(b), a deceased member is taken to be absent from the member's ordinary place of residence for the purpose of obtaining medical treatment:

(a) if the member is travelling from the member's ordinary place of residence for the purpose of obtaining medical treatment; or

(b) if the member is returning to the member's ordinary place of residence after having obtained medical treatment; or

(c) if the member is being provided with medical treatment at a place other than the member's ordinary place of residence; or

(d) if the member is away from the member's ordinary place of residence on the recommendation of the member's doctor by way of treatment for an injury or disease.

Amount for section 268AC

(5) The amount of compensation payable under section 268AC in respect of a deceased dependant of a deceased member is the lesser of the following amounts:

(a) $3,000;

(b) an amount equal to the amount paid or payable in respect of the funeral of the deceased dependant.

Amount paid or payable in respect of a funeral

(6) For the purposes of subparagraph (2)(a)(ii) and paragraph (5)(b), if a deceased member or deceased dependant (as the case may be) was a member of a contributory funeral benefit fund before their death, the amount paid or payable in respect of the funeral of the deceased member or deceased dependant (as the case may be) is the amount by which the cost of the funeral exceeds the amount of the benefit payable from that fund in relation to the deceased member or deceased dependant (as the case may be).

268AE Whom funeral compensation is payable to

(1) Compensation under section 268AB or 268AC in respect of a deceased member's funeral or a deceased dependant's funeral is payable to:

(a) the person who made the claim for compensation; or

(b) if that person so directs:

(i) the person who carried out the funeral; or

(ii) any other person who incurred the cost of the funeral.

Note 1: A special rule applies if there is a trustee under section 432.

Note 2: Compensation under section 268AA is payable to the estate of a deceased member (see section 268AA).

(2) A payment under section 268AB or 268AC to a person who carried out the funeral discharges any liability of any other person for the cost of the funeral to the extent of the payment.