Section 123A — Veterans' Entitlements Act 1986: Payment of pension etc. on death of person

(1) The objects of the applicable sections are: (a) to ensure that moneys payable under this Act to a person who has died are paid out as promptly as possible; (b) to pay those moneys, so far as is consistent with paragraph (a), in accordance with the person’s will; (c) to ensure that not more than $20,000, or the amount prescribed for the purposes of subsection 123B(6), is paid out without probate of the will having been obtained or letters of administration with the will annexed having been granted; and (d) to ensure that, in the event of intestacy, the payment of those moneys is made on principles that are uniform throughout Australia. (2) Where: (a) a person (in the applicable sections called the deceased) dies; (b) an amount (in the applicable sections called the distributable amount) of a pension, allowance or other pecuniary benefit is payable under this Act to the deceased; and (c) the distributable amount: (i) has accrued, and was unpaid, on the deceased’s death; or (ii) has become payable after the deceased’s death in respect of a period or event before that death by reason of the grant, after that death, of a claim for the pension, allowance or benefit made before that death; the Commission shall deal with the distributable amount in accordance with the applicable sections and the distributable amount shall not, subject to subsections 123B(2) and (3), form part of the deceased’s estate. (3) Where an amount is paid in accordance with an approval given under the applicable sections, the Commonwealth is not liable to any action, claim or demand for payment in respect of that amount. Note: Sections 123 to 123E do not apply if Subdivision C of Division 12A of Part IIIB applies.