Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p77
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 203493–206273

the same—those rates.'; or

    (e) if the Income Support Supplement Rate Calculator Where There Are Dependent Children at the end of section 45Y is to be used—as if Step 9 of the Method statement in point 45Y-A1 were omitted and the following Step were substituted:

            'Step 9. Work out the person's provisional rate as follows: Compare the adjusted income reduced rate and the assets reduced rate; the person's provisional rate is equal to:

             (a) whichever is the lower of those rates; or

             (b) if the 2 rates are the same—those rates.'.

Matters affecting payment of benefits under this Subdivision

  "45ZF.(1) If:

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

    (b) after the person's partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Part or Part III or under the Social Security Act; and

    (c) the Commission is not satisfied that the person has 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 person or from the personal representative of the person's partner, except to the extent (if any) that the amount exceeds the amount payable to the person under this Subdivision;

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

  "(2) If:

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

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

     (c) the financial institution pays to the person, out of the 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 person's partner or anyone else in respect of the payment of that money to the person.

  "Subdivision B—Bereavement payments (death of dependent child)

Bereavement payments on death of dependent child

  "45ZG. If:

  (a) a person is receiving income support supplement; and

  (b) a child dies; and

     (c) immediately before the child died, the rate of the person's income support supplement included:

        (i) a dependent child add-on in respect of the child; or

        (ii) guardian allowance in