Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p63
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 161520–164107

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 pension referred to in subsection (1) are to be worked out as if the pensioner and partner were not members of an illness separated couple or respite care couple but remained members of a couple.

"(3) If the partner was a war widow or war widower who was receiving a service pension, the amount of that pension that was payable to the partner for the last pension payday is taken to be the amount that would have been payable if section 41, 42 or 43 (whichever is appropriate) had applied in working out the rate of the pension and section 45 had not applied.

''(4) If the partner was a war widow or war widower who was receiving an income support supplement, the amount of that supplement that was payable to the partner for the last pension payday is taken to be:

    (a) in respect of a partner who was not permanently blind—the amount that would have been payable if the ceiling rate, or adjusted ceiling rate, as the case may be, were greater than the adjusted income reduced rate and the assets reduced rate; or

    (b) in respect of a partner who was permanently blind:

SCHEDULE 8—continued

       (i) if an adjusted ceiling rate applied as a result of a lump sum payment—the higher of the maximum basic rate and the adjusted ceiling rate; or

        (ii) otherwise—the maximum basic rate.

"(5) In determining under subsection (4) the amount of the income support supplement that was payable to the partner for the last pension payday, it is to be assumed that the adjusted income of the partner did not include the income referred to in paragraph (c) of the definition of adjusted income in subsection 5H(1).

"(6) If the partner was a war widow or war widower who was receiving a social security pension, the amount of that pension that was payable to the partner for the last pension payday is taken to be the amount that would have been payable if:

    (a) subsections 1064(5) and (6) and 1065(4) and (5) of the Social Security Act had not been enacted; and

    (b) the ordinary income of the partner did not include any instalment of pension that was payable to the partner under subsection 30(1).

Transfer to another pension

"53N.(1) This section applies if, on a day during the bereavement period, the pensioner:

    (a) ceases to receive the pension; and

    (b) begins to receive another pension or to receive a social security