Commonwealth Consolidated Acts

VETERANS' ENTITLEMENTS ACT 1986 - SECT 123

             (1)  In this section and sections 123A to 123E (inclusive):

"applicable sections" means this section and sections 123A to 123E (inclusive).

"child , in relation to a person who has died (in this definition called the deceased" ), means:

                     (a)  a person who is a child of the deceased within the meaning of section 10;

                     (b)  a person who was a natural child of the deceased; or

                   (ba)  someone who was a child of the deceased within the meaning of the Family Law Act 1975 ; or

                     (c)  a person who was adopted by the deceased or by the deceased and the deceased's partner or non-illness separated spouse.

"parent" , in relation to a person who has died, means someone whose child the person was.

"sibling" , in relation to a person who has died, means someone who was a sister, half-sister, brother or half-brother of the person.

"waiting period" , in relation to a person, means the period of 12 months commencing on:

                     (a)  if subparagraph 123A(2)(c)(i) applies to the person--the death of the person; or

                     (b)  if subparagraph 123A(2)(c)(ii) applies to the person--the date of the grant of the claim.

             (2)  For the purposes of paragraph (a) of the definition of child in subsection (1), a person shall be taken to be a child even though the person is in receipt of a pension, benefit or allowance of a kind referred to in the definition of child in subsection 5F(1).

             (3)  A reference in the applicable sections to an executor of a will includes a reference to:

                     (a)  an executor of the will by representation; and

                     (b)  if probate of the will has been granted and a person has subsequently been granted administration of the unadministered assets covered by the will--that person.

             (4)  A reference in the applicable sections to the person to whom a grant of letters of administration with a will annexed has been made includes a reference to a person who has subsequently been granted administration of the unadministered assets covered by the will.

             (5)  A reference in the applicable sections, in relation to an approval of a payment, to a person who is known is a reference to a person:

                     (a)  who is alive at the time of the approval; and

                     (b)  whose existence and whereabouts are known to the Commission at that time.

Note:          Sections 123 to 123E do not apply if Subdivision C of Division 12A of Part IIIB applies.