Document ID: chunk:federal_register_of_legislation:C2015C00048:clause:2a_38
Version: federal_register_of_legislation:C2015C00048
Segment Type: clause
Provision Reference: sch 2A cl 38
Character Range: 37412–38441

38  What happens if an individual eligible for stillborn baby payment dies
  If:
 (a) an individual is eligible for a stillborn baby payment (the subject payment) in respect of a child; and
 (b) the individual dies; and
 (c) before the individual died, the subject payment had not been paid to the individual (whether or not a claim had been made under Part 3 of the Family Assistance Administration Act); and
 (d) another individual makes a claim under that Part for payment of a stillborn baby payment because of the death of the first‑mentioned individual, stating that he or she wishes to become eligible for the subject payment; and
 (e) the claim is made:
 (i) within 52 weeks after the death; or
 (ii) within a further period allowed by the Secretary in special circumstances; and
 (f) the Secretary considers that the other individual ought to be eligible for the subject payment;
the other individual is eligible for the subject payment. No‑one else is, or can become, eligible for or entitled to be paid that payment.