Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p73
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 193479–196369

Eligibility for payments under this Subdivision

  "45Z.(1) If:

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

  (b) the person is a member of a couple; and

  (c) the person's partner dies; and

  (d) immediately before the partner died, the partner was receiving:

      (i) income support supplement; or

      (ii) a service pension; or

      (iii) any of the following under the Social Security Act:

          (A) an age pension; or

          (B) a disability support pension; or

          (C) a carer pension; or

            (D) a sole parent pension under subparagraph 249(1)(a)(iv) of the Social Security Act (illness separated couple); or

            (E) a rehabilitation allowance instead of a pension referred to in sub-subparagraph (A) or (B); or

          (F) a special needs age, disability support or sole parent pension; and

     (e) on the pension payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not eligible for payments under this Subdivision is less than the sum of:

        (i) the amount that would otherwise be payable to the person under section 45ZA (continued payment of partner's pension); and

        (ii) the amount that would otherwise be payable to the person under section 45ZC (person's continued rate);

the person is eligible for payments under this Subdivision to cover the bereavement period.

    Note 1: Section 45ZA provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person's partner during that period if the partner had not died.
    Note 2: Section 45ZB provides for a lump sum that represents the instalments that would have been paid to the person's partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.
    Note 3: If one member of a couple is receiving a social security payment and the other member is receiving income support supplement and one of them dies, the bereavement payments will be paid under the Act that governs the survivor's payment (that is, if the person who dies was receiving a social security payment and the survivor was receiving income support supplement, the bereavement payments will be made under this Act, but if the person who dies was receiving income support supplement and the survivor was receiving a social security payment, the bereavement payments will be made under the Social Security Act).

"(2) A person who is eligible for payments 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,