Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p65
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 166343–169026

respect of the child; or

       (ii) guardian allowance in respect of the child.

When reassessed pension rate in respect of pensioner comes into effect

"53S.(1) Pension continues to be payable to the pensioner for pension paydays during the bereavement period as if the child had not died.

"(2) The rate of pension that becomes applicable to the pensioner as a result of the child's death applies with effect from the day after the end of the bereavement period.

SCHEDULE 8—continued

Bereavement payment

"53T.(1) Part of each instalment of pension that is paid to the pensioner for a pension payday that occurs during the bereavement period is taken to be a bereavement payment. The part concerned is so much of the instalment as related to the child.

"(2) All or any of the bereavement payments payable to the pensioner under subsection (1) may be paid in advance in a lump sum.

"Subdivision E—Death of non-partner who is being cared for by person in receipt of pension

Definition

"53U. In this Subdivision:

pension means a carer service pension or an income support supplement payable under section 45AB.

Continuation of pension for bereavement period

"53V.(1) If:

  (a) a person (the pensioner) is receiving a pension; and

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

  (c) the person being cared for dies;

the pensioner remains eligible for the pension during the bereavement period as if the person being cared for had not died.

"(2) Any amounts paid to the pensioner under subsection (1) are bereavement payments.

"(3) All or any of the bereavement payments payable to the pensioner under subsection (1) may be paid in advance in a lump sum.

"(4) If the pensioner is eligible for a pension solely because of this section, the rate at which the pension is payable is to be determined having regard to the pensioner's actual circumstances.

"(5) A person's entitlements under this Subdivision are instead of, and not in addition to, any entitlements that the person would have to a pension, a social security pension or a social security benefit if this section had not been enacted.

"(6) If a person to whom subsection (1) applies receives, for a pension payday occurring during the bereavement period, a payment of a pension otherwise than under this section, a payment of a social security pension or

SCHEDULE 8—continued

a payment of a social security benefit, part of the payment is taken to 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.