Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p62
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 159145–161748

the pensioner and the partner for the last pension payday that occurred on or before the day of the partner's death.

"(2) The rate of pension that becomes applicable in respect of the pensioner as a result of the partner's death applies with effect from the day after the day of the partner's death.

"(3) Part of each amount of pension that is paid to the pensioner for a pension payday that occurs during the bereavement period is taken to be a bereavement payment. The part concerned is so much of the amount as is equal to the amount of pension or social security pension that was payable to the partner for the last pension payday that occurred on or before the day of the partner's death.

"(4) This section has effect subject to section 53M.

What happens if pensioner's reassessed rate is less than combined pensioner couple rate

"53L.(1) This section applies if the fortnightly amount of pension applicable in respect of the pensioner as a result of the partner's death is less than the sum of the amounts of pension or social security pension that were payable to the pensioner and the partner for the last pension payday that occurred on or before the day of the partner's death.

SCHEDULE 8—continued

"(2) Pension continues to be payable to the pensioner during the bereavement period at the rate at which it was payable immediately before the partner's death.

"(3) The rate of pension that, apart from subsection (2), would be applicable in respect of the pensioner as a result of the partner's death applies with effect from the day after the end of the bereavement period.

"(4) There is payable to the pensioner, for each pension payday in the bereavement period, a bereavement payment equal to the amount of the pension or social security pension that was payable to the partner for the last pension payday that occurred on or before the day of the partner's death.

"(5) All or any of the bereavement payments payable to the pensioner under subsection (4) may be paid in advance in a lump sum.

"(6) This section has effect despite subsection 38C(2) but is subject to section 53M.

Determination of amount of pension and social security pension

"53M.(1) This section applies in determining for the purposes of section 53K or 53L the amounts of pension or social security pension that were payable to the pensioner and the partner for the last pension payday that occurred on or before the day of the partner's death.

"(2) If the pensioner and partner were an illness separated couple or a respite care couple on the last pension payday, the amounts of pension or social security