Opinion Number. 967

Subject

WAR SERVICE HOMES
ELIGIBILITY FOR ASSISTANCE OF SOLDIERS' WIDOWS WHO REMARRY: MEANING OF WIDOW

Key Legislation

WAR SERVICE HOMES ACT 1918, s. 4; Parts IV, V

Date
Client
The Legal Officer, War Service Homes Commission

The following request for advice has been submitted to me:

Your opinion is desired as to whether soldiers' widows who remarry-

  1. before approval of applications; and
  2. after

are still 'widows' within the meaning of the definition of 'Female dependant' in section 4 of the Act.

In my opinion the 'widow of an Australian soldier' ceases, upon remarriage, to be a female dependant as defined in section 4 of the War Service Homes Act 1918-1919. The dictionary meaning of a widow is 'a woman who has lost her husband by death and remains unmarried'.

It is immaterial whether the remarriage takes place before or after approval of her application; in the latter case it is suggested that the approval might be rescinded.

Remarriage taking place after a sale has been effected under Part IV or the making of an advance under Part V will not affect the legality of the action taken as the person to whom the sale or advance was made was an eligible person at the date of the making thereof.

[Vol. 16, p. 394]