Document ID: chunk:federal_register_of_legislation:C2024C00458:section:59:p1
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 59 (pt 1/2)
Character Range: 240555–243071

59  Payment of pension bonus or pension bonus bereavement payment after death
 (1) This section sets out the only circumstances in which a pension bonus or a pension bonus bereavement payment will be payable after the death of the person concerned.
 (1A) If:
 (a) a person claims a pension bonus; and
 (b) the person dies; and
 (c) at the time of the person's death, the person had received the bonus; and
 (d) after the person's death, the Secretary determines that the person's bonus is to be increased under section 93K or 93L;
the increase is payable to the legal personal representative of the person.
 (2) If:
 (a) a person claims a pension bonus or a pension bonus bereavement payment; and
 (b) the person dies; and
 (c) at the time of the person's death, the claim had been granted, but the person had not received the bonus or payment;
the bonus or payment is payable to the legal personal representative of the person.
 (3) If:
 (a) a person claims a pension bonus or a pension bonus bereavement payment; and
 (b) the person dies; and
 (c) at the time of the person's death, the claim had not been determined;
then:
 (d) the Secretary must determine the claim after the person's death as if the person had not died; and
 (e) if the claim is granted—the bonus or payment is payable to the legal personal representative of the person.
 (4) If:
 (a) under paragraph (3)(d), the Secretary is required to determine a claim for pension bonus after a person's death; and
 (b) at the time of the person's death, the person's claim for age pension had not been determined;
then, for the purposes of the determination of the claim for pension bonus, the following provisions have effect:
 (c) the requirements of paragraph 92C(a) of the 1991 Act are taken to be satisfied if:
 (i) the person would have started to receive an age pension if he or she had not died; and
 (ii) that age pension would have been received otherwise than because of a scheduled international social security agreement;
 (d) Division 6 of Part 2.2A of the 1991 Act has effect as if:
 (i) a reference in that Division to a particular rate were a reference to the rate that would have been applicable to the person if the person had not died; and
 (ii) a reference in that Division to the date of grant of the age pension were a reference to the date on which the age pension would have been granted if the person had not died;
 (e) this Act has effect as if subsections 17(2) and 34(2) were omitted.
 (4A) If a pension bonus is payable to the