Document ID: chunk:federal_register_of_legislation:C2025C00162:section:237:p1
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 237 (pt 1/2)
Character Range: 645126–647818

237  Qualification for payments under this Subdivision
 (1) If:
 (a) a person is receiving a carer payment; 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 238 (continued payment of partner's pension or allowance); and
 (ii) the amount that would otherwise be payable to the person under section 240 (person's continued rate);
the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: Section 238 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 239 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 carer payment; and
 (b) immediately before starting to receive the carer payment 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.
 (1AB) Subsection (1) or (1A) does not apply in relation to care receivers who are a lower ADAT score adult and one or more multiple care children if:
 (a) the person is receiving carer payment under section 235 because of the death of the child or children; and
 (b) the person's partner is the lower ADAT score adult.
 (1B) Subsection (1) or (1A) does not apply if:
 (a) the person is receiving carer payment under section 235 because of the death of a care receiver who is a dependent child of a lower ADAT score adult; and
 (b) the person's partner is the lower ADAT score adult.
 (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