Document ID: chunk:federal_register_of_legislation:C2023C00402:section:39
Version: federal_register_of_legislation:C2023C00402
Segment Type: section
Provision Reference: s 39
Character Range: 57573–59523

39  CSC to allocate benefit if otherwise payable to more than one surviving spouse or nominated beneficiary
 (1) This section applies if, as a result of the death of a particular invalid or covered ADF member, a benefit would, apart from this section, be payable:
 (a) to each of 2 or more persons who are surviving spouses of the invalid or member; or
 (b) to or for all of 2 or more persons for whom the conditions in paragraph 37(2)(a) are met in relation to the member.
Note: Paragraph 37(2)(a) provides that a single benefit for the death of a covered ADF member is payable to or for all the persons who were provided for in the member's will, were dependent on the member, were not eligible for the benefit as surviving spouses or eligible children and were mentioned by the member to CSC as being in those circumstances.
 (2) CSC is to determine:
 (a) which one or more of those persons are to have an amount of benefit paid to or for them, and which (if any) of those persons is not to have any benefit paid to or for him or her, as a result of that death; and
 (b) the amount or proportion of benefit to be paid to or for each person to or for whom payment is to be made.
 (3) If CSC makes a determination under subsection (2) in relation to surviving spouses of an invalid or covered ADF member who died, the total benefit for the death of the invalid or member payable under the determination must equal the maximum benefit that would have been payable had there been only one surviving spouse of the invalid or member.
 (4) A determination under this section has effect according to its terms, despite any other provision of this Act.

Effect of death of surviving spouse
 (5) If:
 (a) a determination under this section relates to 2 or more persons mentioned in paragraph (1)(a) or (b); and
 (b) one of those persons dies;
the determination continues to apply in relation to the other person or persons.

Division 3—Payment of benefits