Document ID: chunk:federal_register_of_legislation:C2004A04731:section:10:p17
Version: federal_register_of_legislation:C2004A04731
Segment Type: section
Provision Reference: s 10 (pt 17/26)
Character Range: 133676–136513

rate.
Step 5.  Take the surviving partner's individual rate away from the combined rate: the result is called the deceased partner's instalment component.
Step 6.  Work out the number of the surviving partner's paydays in the period that commences on the day after the surviving partner dies and ends on the day on which the bereavement period ends.
Step 7.  Multiply the deceased partner's instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section.

Matters affecting payments under this Subdivision

  "771NZ.(1) If:

     (a) the surviving partner is qualified for payments under this Subdivision; and

     (b) after the deceased partner died, an amount to which the deceased partner would have been entitled if he or she had not died has been paid under this Act or under Part III of the Veterans' Entitlements Act; and

    (c) the Secretary is not satisfied that the surviving partner had not had the benefit of that amount;

the following provisions have effect:

    (d) the amount referred to in paragraph (b) is not recoverable from the surviving partner or from the personal representative of the deceased partner, except to the extent (if any) that the amount exceeds the amount payable to the surviving partner under this Subdivision;

    (e) the amount payable to the surviving partner under this Subdivision is to be reduced by the amount referred to in paragraph (b).

  "(2) If:

    (a) the surviving partner is qualified for payments under this Subdivision; and

    (b) an amount to which the deceased partner would have been entitled if the deceased partner had not died has been paid under this Act or under Part III of the Veterans' Entitlements Act, within the bereavement period, into an account with a bank, credit union or building society (the 'financial institution'); and

    (c) the financial institution pays to the surviving partner, out of that account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);

the financial institution is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the deceased partner or anyone else in respect of the payment of that money to the surviving partner.".

Consequential amendments

6. The Acts specified in Schedule 2 are amended as set out in that Schedule.

                         SCHEDULE 1 Section 4

CONSEQUENTIAL AMENDMENTS RELATING TO HOME CHILD
CARE ALLOWANCE

PART 1—AMENDMENTS OF THE SOCIAL SECURITY ACT 1991

1. Section 3 (Index of definitions):

  Insert:

  "home child care allowance payday 23(1)".

2. Subsection 5(9):

  Omit "Part 2.17,", substitute "Parts 2.17 and 2.18".

3. Subsection 8(1) (definition of "ordinary income"):

  Add at the end the following