Document ID: chunk:federal_register_of_legislation:F2022C00514:schedule:1:p11
Version: federal_register_of_legislation:F2022C00514
Segment Type: schedule
Provision Reference: sch 1 (pt 11/13)
Character Range: 227335–229931

marital or couple relationship with the deceased person at the time of the death of the deceased person.
 10. Despite item 9, a person is taken to be a spouse who survives a deceased person if:
 (a) the person had previously had a marital or couple relationship with the deceased person; and
 (b) the person did not, at the time of the death, have a marital or couple relationship with the deceased person but was legally married to the deceased person; and
 (c) in CSC's opinion, the person was wholly or substantially dependent upon the deceased person at the time of the death.

Benefits for certain spouses in post‑retirement marital or couple relationships
11. (1) This item applies if:
 (a) a spouse survives a deceased person; and
 (b) the spouse's marital or couple relationship with the deceased person:
 (i) began after the deceased person became a retirement pensioner; and
 (ii) began after the deceased person reached 60; and
 (iii) continued for a period (the period of the relationship) of less than 3 years up to the time of the deceased person's death.

Rate of spouse's pension
 (2) The rate of spouse pension to which the spouse is entitled is worked out using the formula:

where:
r means the rate of spouse pension to which the spouse would otherwise be entitled.
n means the number of days in the period of the relationship.

Minimum amount for lump sum payment
 (3) If the annual rate of pension worked out under subitem (2) is less than or equal to $1 407.79, the spouse is instead entitled to a lump sum payment worked out in accordance with this item.

Indexation of the amount mentioned in subitem (3)
 (4) On 1 July 2008, the amount mentioned in subitem (3) is indexed in accordance with subitem (5).
 (5) If the all groups consumer price index number for the weighted average of the 8 capital cities published by the Statistician in respect of the March quarter or September quarter of the half‑year immediately before the date of the indexation (A) exceeds the highest all groups consumer price index number for the weighted average of the 8 capital cities published by the Statistician in respect of the March quarter or September quarter of any earlier half‑year, not being a half‑year earlier than the half‑year that commenced on 1 July 2007 (B), the amount is increased, at the rate calculated in accordance with subitem (6).
 (6) The rate is A – B expressed as a percentage of B.
 (7) On 1 January and 1 July in each year following 2008, the indexed amount in force immediately before that date is indexed in accordance with subitem (5).

Calculating the lump