Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p66
Version: federal_register_of_legislation:C2004A04996
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Character Range: 168808–171474

be a bereavement payment. The part concerned is so much of the payment as is equal to the amount of the pension under this section that would, apart from subsection (5), have been payable to the person for that payday.

Note: This Subdivision does not apply if the pension is being received under section 53X.

Lump sum payable in some circumstances

"53W.(1) A lump sum is payable to a person under this section if:

  (a) the person is receiving a pension; and

  (b) the person is caring for another person who is not the person's partner; and

  (c) the person being cared for dies; and

  (d) immediately before the death of the person being cared for, either:

(i) the person being cared for was not a member of a couple; or

       (ii) the person being cared for was a member of a couple and the partner of the person being cared for was not receiving a pension, was not receiving a social security pension and was not receiving a social security benefit.

    Note: If the partner of the person being cared for was receiving a pension, a social security pension or a social security benefit, the partner would be eligible to receive bereavement payments in respect of the death of the person being cared for.

"(2) The amount of the lump sum under this section is the lesser of:

  (a) the amount worked out using the formula:

partnered MBR × 7; or

  (b) the amount worked out using the formula:

carer's current instalment × 7;

where:

partnered MBR means the maximum basic rate applicable, on the day on which the person being cared for dies, to a person covered by item 3 of Table B in point 41-B1 of the Rate Calculator in section 41.

carer's current instalment means the amount of the last instalment of pension paid to the carer before the person cared for died.

"(3) An amount paid under this section is a bereavement payment.".

10. Sections 123, 123A, 123B, 123C, 123D and 123E:

Add at the end of each section:

"Note: Sections 123 to 123E do not apply if Subdivision C of Division 12A of Part IIIB applies.".
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                       SCHEDULE 9 Subsection 3(1)

OTHER AMENDMENTS OF THE VETERANS' ENTITLEMENTS ACT 1986

1. Subsection 39(1):

  Omit, substitute:

"(1) A person is eligible for a carer service pension if the person personally provides constant care for a severely handicapped veteran.".

2. After point 42-C7:

  Insert in Module C:

Increase in rate of guardian allowance

"42-C8. The rate guardian allowance is taken to be increased by $104 on 19 September 1996.".

3. Paragraph 45AB(1)(d):

  Omit "person; and", substitute "person.".

4. Paragraph 45AB(1)(e):

  Omit.

5. After point 45Y-G9:

  Insert in