Document ID: chunk:federal_register_of_legislation:C2024C00637:section:2
Version: federal_register_of_legislation:C2024C00637
Segment Type: section
Provision Reference: s 2
Character Range: 92218–93763

2                               Any other case applies                                           The deceased partner is assumed:
                                                                                                 (a) to have continued to be eligible in the same capacity as at the time of death; but
                                                                                                 (b) only to have the number of months standing to his or her service credit that he or she had completed at the time of death

Note: This section, together with sections 60, 61 and 63, ensures (among other things) that the deceased partner's accrued subsidy period and loan limit may be used in determining the surviving partner's entitlement to subsidy under this Part.
Example: Assume that subsidy has been payable to a person. The person dies, and this Part applies to the person's surviving partner.
Under subsection 46(1), the number of months in respect of which subsidy had been payable to the deceased partner (as at the time of death) must be taken into account in working out the surviving partner's service credit (see step 2 of the method statement in that subsection).
In addition, the number of months in respect of which subsidy has continued to be payable to the surviving partner must also be taken into account in working out the surviving partner's service credit (because after the death of the person, this Part applies to the surviving partner in the same way as it would have applied to the deceased partner).