Document ID: chunk:federal_register_of_legislation:C2004A03539:body:0:p54
Version: federal_register_of_legislation:C2004A03539
Segment Type: other
Provision Reference: 
Character Range: 131257–133880

123b or 123c in respect of a person who has died, means someone who was a spouse or de facto spouse of the person immediately before the person's death;
     'waiting period', in relation to a person, means the period of 12 months commencing on:
         (a) if subparagraph 123a (2) (c) (i) applies to the person—the death of the person; or
         (b) if subparagraph 123a (2) (c) (ii) applies to the person—the date of the grant of the claim.
"(2) For the purposes of paragraph (a) of the definition of 'child' in subsection (1), a person shall be taken to be a child even though the person is in receipt of a pension, benefit or allowance of a kind referred to in the definition of 'child' in subsection 5 (1).
"(3) A reference in the applicable sections to an executor of a will includes a reference to:
    (a) an executor of the will by representation; and
    (b) if probate of the will has been granted and a person has subsequently been granted administration of the unadministered assets covered by the will—that person.
"(4) A reference in the applicable sections to the person to whom a grant of letters of administration with a will annexed has been made includes a reference to a person who has subsequently been granted administration of the unadministered assets covered by the will.
"(5) A reference in the applicable sections, in relation to an approval of a payment, to a person who is known is a reference to a person:
    (a) who is alive at the time of the approval; and

    (b) whose existence and whereabouts are known to the Commission at that time.

Payment of pension etc. on death of person
"123a. (1) The objects of the applicable sections are:
    (a) to ensure that moneys payable under this Act to a person who has died are paid out as promptly as possible;
    (b) to pay those moneys, so far as is consistent with paragraph (a), in accordance with the person's will;
    (c) to ensure that not more than $20,000, or the amount prescribed for the purposes of subsection 123b (6), is paid out without probate of the will having been obtained or letters of administration with the will annexed having been granted; and
    (d) to ensure that, in the event of intestacy, the payment of those moneys is made on principles that are uniform throughout Australia.
"(2) Where:
    (a) a person (in the applicable sections called the 'deceased') dies;
    (b) an amount (in the applicable sections called the 'distributable amount') of a pension, allowance or other pecuniary benefit is payable under this Act to the deceased; and
    (c) the distributable amount:
       (i) has accrued, and was