Document ID: chunk:federal_register_of_legislation:C2004A04476:body:0:p7
Version: federal_register_of_legislation:C2004A04476
Segment Type: other
Provision Reference: 
Character Range: 15350–18182

with a deceased person as the deceased person's husband or wife on a permanent and bona fide domestic basis at a particular time only if:

    (a)     the person had been living with the deceased person as the deceased person's husband or wife for a continuous period of at least 3 years up to that time; or

    (b)     the person had been living with the deceased person as the deceased person's husband or wife for a continuous period of less than 3 years up to that time and the Commissioner, having regard to any relevant evidence, is of the opinion that the person ordinarily lived with the deceased person as the deceased person's husband or wife on a permanent and bona fide domestic basis at that time;

whether or not the person was legally married to the deceased person.

"(4) For the purpose of subsection (3), relevant evidence includes, but is not limited to, evidence establishing any of the following:

    (a)     the person was wholly or substantially dependent on the deceased person at the time;

  (b)     the persons were legally married to each other at the time;

  (c)     the persons had a child who was:

       (i) born of the relationship between the persons; or

SCHEDULE—continued

          (ii) adopted by the persons during the period of the relationship;

      (d) the persons jointly owned a home which was their usual residence.

"(5) For the purposes of this section, a person is taken to be living with the deceased person if the Commissioner is satisfied that the person would have been living with the deceased person except for a period of:

   (a)     temporary absence; or

     (b)     absence because of special circumstances (for example, absence because of the person's illness or infirmity).

Spouse of a deceased person

"2C. For the purposes of this Act, a person is a spouse of a deceased person if:

     (a)     the person had a marital relationship with the deceased person at the time of the deceased person's death; or

   (b)     the person:

         (i) had previously had a marital relationship with the deceased person; and

         (ii) did not, at the time of the death, have a marital relationship with the deceased person but was legally married to the deceased person; and

         (iii) in the Commissioner's opinion, was wholly or substantially dependent on the deceased person at the time of the death.".

Subsection 4(2):

  (a)      Insert "and section 4A" after "subsection (4)".

     (b)      Omit "the widow or widower" (first occurring), substitute "a spouse".

     (c)      Omit "the widow or widower" (second occurring), substitute "the spouse".

Paragraph 4(3)(b):

  Omit "the widow or widower", substitute "a spouse".

After section 4:

  Insert:

SCHEDULE—continued

Allowance payable when there is more than one spouse

"4A.(1) If a person who