Family and Community Services and Veterans' Affairs Legislation Amendment (2004 Election Commitments) Act 2004 (132 of 2004)

Schedule 5   Increase in bereavement payments in respect of above general rate disability pensioners

Veterans' Entitlements Act 1986

3   Subsection 98A(3)

Insert:

deceased veteran's amount means:

(a) if the deceased veteran was, immediately before his or her death, in receipt of the disability pension at a rate under subsection 22(4), 23(4), (5) or (6) or 24(4), (5) or (6) - the amount of the disability pension that would have been payable to him or her, if he or she had not died, on the first available pension pay day after the death of the widow or the widower; or

(b) in any other case - the lower of the following:

(i) the amount of the disability pension that would have been payable to the deceased veteran, if he or she had not died, on the first available pension pay day after the death of the widow or the widower;

(ii) the amount that would have been payable to the deceased veteran, if he or she had not died, on the first available pension pay day after the death of the widow or widower, at the general rate in force on that pension pay day.