Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p61
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 156448–159368

the amount that has not been repaid is a debt due to the Commonwealth.".

29. Paragraph 205(2)(b):

After "or (f)" insert "or subsection (1AB)".

30. Subsection 205(8) (definition of excluded amount):

Insert after "or (f)" in paragraph (c) "or subsection (1AB)".

31. Subsection 205(8) (definition of recoverable amount):

Insert after "or (f)" in paragraph (d) "or subsection (1AB)".

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                          SCHEDULE 8 Subsection 3(1)

AMENDMENT OF THE VETERANS' ENTITLEMENTS ACT 1986 IN RELATION TO PAYMENTS IN RESPECT OF DEATH

1. Section 5 (Index of definitions):

(a) Omit:

    "bereavement period  5P",

    substitute:

    "bereavement period 53H".

    (b) Omit the provisions relating to "bereavement notification day", "first available bereavement adjustment payday", "bereavement rate continuation period" and "bereavement lump sum period".

2. Section 5P:

Repeal.

3. Subsection 5Q(1) (definition of pension):

Omit, substitute:

"pension, in Parts IIIA, IIIB and IIIC includes income support supplement.

4. Division 3 of Part III (Subdivisions F, G and H):

Repeal.

5. Division 4 of Part III (Subdivisions F, G and H):

Repeal.

6. Division 5 of Part III (Subdivisions F, G and H):

Repeal.

7. Division 6 of Part III (Subdivisions F, G, H and J):

Repeal.

8. Division 6 of Part IIIA:

Repeal.

9. After Division 12 of Part IIIB:

Insert:

"Division 12A—Payments after bereavement

"Subdivision A—Bereavement period

Definition

"53H. In this Division:

SCHEDULE 8—continued

bereavement period, in relation to a person's death, means the period of 14 weeks starting on the day after the day on which the person died.

"Subdivision B—Death of pensioner's partner

Application

"53J. This Subdivision applies if:

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

  (b) the pensioner is a member of a couple; and

  (c) the other member of the couple (the partner) dies; and

    (d) immediately before the partner died, the partner was receiving a pension or a social security pension.

    Note 1: Payments under this Subdivision are not affected by unrepaid advance payments of pension to a deceased person (section 67L).
    Note 2: This Subdivision does not apply to a carer service pension or income support supplement if that pension or supplement is being received under section 53X.

What happens if pensioner's reassessed rate is equal to or greater than combined pensioner couple rate

"53K.(1) This section applies if the fortnightly amount of pension applicable in respect of the pensioner as a result of the partner's death is equal to or greater than the sum of the amounts of pension or social security pension that were payable to the pensioner and the partner for the last pension payday that occurred on or before the day of the partner's death.

"(2) The rate of pension that becomes applicable in respect of the pensioner as a result of the partner's