Document ID: chunk:federal_register_of_legislation:C2025C00162:section:822:p1
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 822 (pt 1/2)
Character Range: 1070023–1072780

822  Qualification for payments under this Subdivision
 (1) If:
 (a) a person is receiving a special needs age, disability support or wife pension; 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:
 (i) was receiving a social security pension; or
 (ii) was receiving a service pension, income support supplement or a veteran payment; or
 (iii) was a long‑term social security recipient; and
 (e) on the person's payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of:
 (i) the amount that would otherwise be payable to the person under section 825 (person's continued rate) on that payday; and
 (ii) the amount that would otherwise be payable to the person under section 823 (continued payment of partner's pension or benefit) on the partner's payday immediately before the first available bereavement adjustment payday;
the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: Section 823 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 824 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.
 (1A) If:
 (a) a person is receiving a special needs pension; and
 (b) immediately before starting to receive the special needs pension the person was receiving partner bereavement payments; and
 (c) the bereavement rate continuation period in relation to the death of the person's partner has not ended;
the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.
 (2) A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.
 (3) An election under subsection (2):
 (a) must be made by written notice to the Secretary; and
 (b) may be made after the person has been paid an amount or amounts under this Subdivision; and
 (c) cannot be withdrawn after the Department has taken all the action required to give effect to that election.
 (4) If a person is qualified for payments under this Subdivision in relation to the partner's death, the rate at which special needs pension is payable to the person during the bereavement period is, unless the person has made an election