Document ID: chunk:federal_register_of_legislation:C2004A04476:body:0:p4
Version: federal_register_of_legislation:C2004A04476
Segment Type: other
Provision Reference: 
Character Range: 7514–10271

married to that other person.

"(3) For the purposes of this Act, a marital relationship is taken to have begun at the beginning of the continuous period mentioned in paragraph (2)(a) or (b).

"(4) For the purpose of subsection (2), relevant evidence includes, but is not limited to, evidence establishing any of the following:

     (a)     the person was wholly or substantially dependent on that other person at the time;

   (b)     the persons were legally married to each other at the time;

   (c)     the persons had a child who was:

       (i) born of the relationship between the persons; or

          (ii) adopted by the persons during the period of the relationship;

     (d) the persons jointly owned a home which was their usual residence.

"(5) For the purposes of this section, a person is taken to be living with another person if the Authority is satisfied that the person would have been living with that other person except for a period of:

   (a)     temporary absence; or

     (b)     absence because of special circumstances (for example, absence because of the person's illness or infirmity or a posting of the person).

Spouse who survives a deceased person

  "6B.(1) In this section:

'deceased person' means a person who was, at the time of his or her death, a contributing member, a recipient member or a person in respect of whom deferred benefits were applicable.

"(2) For the purposes of this Act, a person is a spouse who survives a deceased person if:

SCHEDULE—continued

    (a)     the person had a marital relationship with the deceased person at the time of the death of the deceased person ('the death'); and

    (b)     in the case of a deceased person who was a recipient member at the time of the death:

         (i) the marital relationship began before the recipient member became a recipient member; or

         (ii) the marital relationship began after the recipient member became a recipient member but before the recipient member reached 60; or

         (iii) in the case of neither subparagraph (i) nor (ii) applying—the marital relationship had continued for a period of at least 5 years up to the time of the death.

"(3) In spite of subsection (2), a person is taken to be a spouse who survives a deceased person if:

    (a)     the person had previously had a marital relationship with the deceased person; and

    (b)     the person did not, at the time of the death, have a marital relationship with the deceased person but was legally married to the deceased person; and

    (c)     in the case of a marital relationship that began after the deceased person became a recipient member and reached 60—the relationship began at least 5 years before the deceased person's death; and

    (d)