Document ID: chunk:federal_register_of_legislation:C2004A04731:section:10:p2
Version: federal_register_of_legislation:C2004A04731
Segment Type: section
Provision Reference: s 10 (pt 2/26)
Character Range: 95155–97950

a person; and

  (b) the person dies; and

    (c) at the date of the person's death the person has not received an amount of partner allowance payable to him or her; and

  (d) another person applies to receive that amount; and

  (e) the application is made:

      (i) within 6 months after the death; or

      (ii) within a further period allowed by the Secretary in special circumstances;

the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it.

"(2) Where the Secretary pays an amount of partner allowance under subsection (1), the Commonwealth has no further liability to any person in respect of that amount of partner allowance.

"Division 6—Protection of partner allowance

Partner allowance to be absolutely inalienable

"771LA.(1) Subject to subsections (2) and (3) and section 1359, partner allowance is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.

Payments to Commissioner of Taxation at recipient's request

"(2) The Secretary may make deductions from the instalments of partner allowance payable to a person where the recipient asks the Secretary:

  (a) to make the deductions; and

  (b) to pay the amounts to be deducted to the Commissioner of Taxation.

   Note: The Secretary must make deductions from a person's social security payment if requested by the Commissioner of Taxation (see section 1359).

Deductions from instalments with recipient's consent

"(3) The Secretary may make deductions from the instalments of partner allowance payable to a person if the recipient consents under section 1234A to the Secretary making the deductions.

   Note: Section 1234A enables the Secretary to recover a debt from a person other than the debtor if the person is receiving a social security payment.

Effect of garnishee or attachment order

  "771LB.(1) If:

  (a) a person has an account with a financial institution; and

     (b) instalments of partner allowance payable to the person (whether on the person's own behalf or not) are being paid to the credit of that account; and

     (c) a court order in the nature of a garnishee order comes into force in respect of the account;

the court order does not apply to the saved amount (if any) in the account.

  "(2) The saved amount is worked out as follows:

         Method statement
Step 1.  Work out the total amount of partner allowance payable to the person that has been paid to the credit of the account during the 4 week period immediately before the court order came into force.
Step 2.  Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the saved amount.

"(3) This section applies to an account whether it