The War Service Homes Commissioner has forwarded for advice the following memorandum:

The definition of eligible person under the above Act includes the female dependant of an Australian soldier.

'Female dependant' includes in the case of a deceased Australian soldier who was not married, his mother, provided that she is a widow and was prior to the enlistment of the soldier dependent on him.

An opinion is requested as to the eligibility of the widowed mother of a deceased soldier to receive assistance under the above Act who was at the date of enlistment 'partly dependent' upon him-assuming she is in all other respects eligible.

'Female dependant' is defined in section 4 of the War Service Homes Act 1918 as meaning, inter alia: 'in the case of a deceased Australian soldier who was not married, his mother, provided that she is a widow and was prior to the enlistment of the soldier dependent upon him'.

There appears to be nothing in the Act requiring the mother to have been wholly dependent upon the soldier prior to his enlistment. In the absence of any provision to the contrary the word 'dependent' as used in the definition of 'female dependant' in section 4 of the Act does not, in my opinion, exclude the case of partial dependency.

I am, therefore, of opinion that the widowed mother of a deceased soldier who was prior to the date of enlistment of the soldier, partly dependent upon him is eligible to receive assistance under the War Service Homes Act 1918.

This opinion should, however, be read as limited to cases where the degree of dependency is substantial. The mere fact of small or occasional contributions would not, I think, necessarily create the condition of dependency.

[Vol. 16, p. 294]