Document ID: chunk:federal_register_of_legislation:C2024C00498:section:4d
Version: federal_register_of_legislation:C2024C00498
Segment Type: section
Provision Reference: s 4D
Character Range: 32677–34803

4D  Recoverable death payments
 (1) If, apart from this subsection, the Commonwealth does not have power under this Act to pay an amount (the relevant amount) in any of the following circumstances:
 (a) the relevant amount is deposited to an account kept in the name of a deceased person;
 (b) the relevant amount is deposited to an account kept in the names of a deceased person and another person;
 (c) the relevant amount is paid by way of a cheque made out to a deceased person;
the Commonwealth may pay the relevant amount in the circumstances mentioned in paragraph (a), (b) or (c), so long as:
 (d) on the last day on which changes could reasonably be made to the payment of the relevant amount, the designated Secretary did not know that the deceased person had died; and
 (e) apart from this subsection, the relevant amount would have been payable as a benefit to the deceased person if the deceased person had not died.
 (2) If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person's estate.

Recovery
 (3) If a payment is made under subsection (1), the relevant amount:
 (a) is a debt due to the Commonwealth by the legal personal representative of the deceased person; and
 (b) may be recovered by the designated Secretary, on behalf of the Commonwealth, in a court of competent jurisdiction.

Appropriation
 (4) For the purposes of subsection 4AA(5), if a payment under subsection (1) of this section relates to a benefit under subsection 4AA(2), the payment under subsection (1) of this section is taken to be a benefit under subsection 4AA(2).
 (5) For the purposes of section 5, if a payment under subsection (1) of this section relates to an allowance under section 4, the payment is taken to be an allowance under section 4.

Benefit
 (6) For the purposes of this section, benefit means:
 (a) an allowance under section 4; or
 (b) a benefit under subsection 4AA(2).

Designated Secretary
 (7) For the purposes of this section, designated Secretary means the Secretary of the Department administered by the Minister who administers sections 4 and 4AA.