Document ID: chunk:federal_register_of_legislation:C2004A00406:clause:1_88
Version: federal_register_of_legislation:C2004A00406
Segment Type: clause
Provision Reference: sch 1 cl 88
Character Range: 53655–54929

88  Subsection 235(1)
Repeal the subsection, substitute:

 (1) If:
 (a) a person is receiving carer payment because he or she ordinarily cares for a care receiver or care receivers; and
 (b) the person is caring for the care receiver or care receivers or has temporarily ceased to care for the care receiver or care receivers; and
 (c) the care receiver or any of the care receivers dies; and
 (d) the care receiver who dies is not the person's partner; and
 (e) because of the death, the person would, apart from this subsection, cease to be qualified for the carer payment;
the person remains qualified for the carer payment during the bereavement period as if the death had not occurred.

 (1A) If:
 (a) a person (the carer) is receiving a carer payment only because section 198AA or subsection 198AC(2) applies; and
 (b) the death occurs of:
 (i) the person or any of the persons for whom the person would qualify for carer payment as mentioned in paragraph 198AA(1)(b); or
 (ii) the person or any of the persons for whom the constant care mentioned in paragraph 198AC(2)(c) is assumed to be provided; and
 (c) the person who dies is not the carer's partner;
the carer remains qualified for carer payment during the bereavement period as if the death had not occurred.