Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p74
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 196115–198803

under this Subdivision may choose not to receive payments under this Subdivision.

    Note: If a person makes an election, the date of effect of any determination to increase the rate of the person's income support supplement may, in some circumstances, be the day after the day on which the person's partner died (see subsection 56G(2A)).

  "(3) An election under subsection (2):

  (a) must be made by written notice to the Commission; and

    (b) may be made after the person has been paid an amount or amounts under this Subdivision; and

    (c) cannot be withdrawn after the Department has taken all the action required to give effect to that election.

"(4) If a person is eligible for payments under this Subdivision in relation to the death of the person's partner, then, unless the person has made an election under subsection (2), the rate at which income support supplement is payable to the person during the bereavement period is governed by section 45ZC.

"(5) If the person and the person's partner were an illness separated or a respite care couple immediately before the partner died, this Subdivision applies to the calculation of rates during the bereavement period as if they were not members of an illness separated or a respite care couple.

Continued payment of partner's pension

"45ZA. If a person is eligible for payments under this Subdivision in relation to the death of the person's partner, there is payable to the person, on each of the pension paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the person's partner on that payday if the partner had not died.

Lump sum payable in some circumstances

  "45ZB. If:

     (a) a person is eligible for payments under this Subdivision in relation to the death of the person's partner; and

     (b) the first available bereavement adjustment payday occurs before the end of the bereavement period;

there is payable to the person as a lump sum an amount worked out by using the lump sum calculator at the end of this section.

"LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

         Method statement
Step 1.  Work out (taking section 45ZE into account) the amount that, if the person's partner had not died, would have been payable to the person on the pension payday immediately before the first available bereavement adjustment payday.
Step 2.  Work out the amount that, if the partner had not died, would have been payable to the partner on the pension payday immediately before the first available bereavement adjustment payday.
Step 3.  Add up the amounts obtained in Steps 1 and 2: the result is called the