Section 11 — Veterans' Entitlements Act 1986: Dependants

(1) In this Act, unless the contrary intention appears: dependant, in relation to a veteran (including a veteran who has died), means: (a) the partner; or (b) a non-illness separated spouse; or (c) a widow or widower (other than a widow or a widower who marries, re-marries or enters into a de facto relationship); or (ca) a reinstated pensioner; or (d) a child; of the veteran. Note 1: A veteran may have more than one dependant of the kind referred to in paragraphs (a) to (d) at the same time. Note 2: For the meaning of reinstated pensioner see section 11AA. Note 3: Subsection (4) affects the meaning of widow in paragraph (c). Note 4: Section 11A affects formation of an opinion as to whether 2 people are living together in a de facto relationship. (2) Without limiting the generality of subsection (1) in its application to a veteran (including a veteran who has died) who is, or was: (a) a descendant of an indigenous inhabitant of the Torres Strait Islands; or (b) a male aboriginal native of Australia; who served during World War 2 in the Defence Force at a rate of pay less than the minimum rate of pay that was prescribed as payable to a male member of the Australian Military Forces and whose services have been terminated by discharge or death, a person whom the Commission, by instrument in writing, determines to be, for the purposes of this section, a person who is dependent on the veteran is a dependant of the veteran. (3) In subsection (1), a reference to a veteran shall be read as including a reference to a person who is a member of the Forces, or a member of a Peacekeeping Force, as defined by subsection 68(1). (4) In paragraph (1)(c), widow does not include a reinstated pensioner. Note: For the meaning of reinstated pensioner see section 11AA.