Section 123 — Veterans' Entitlements Act 1986: Interpretation

(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.