Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p64
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 163846–166605

under subsection 30(1).

Transfer to another pension

"53N.(1) This section applies if, on a day during the bereavement period, the pensioner:

    (a) ceases to receive the pension; and

    (b) begins to receive another pension or to receive a social security pension.

"(2) If the pensioner receives, for a pension payday occurring during the remainder of the bereavement period, a payment of the other pension or of the social security pension, part of the payment is taken to be a bereavement payment. The part concerned is so much of the payment as is equal to the amount of the pension or social security pension that was payable to the partner for the last pension payday that occurred on or before the day of the partner's death.

"Subdivision C—Death of pensioner

Application

"53P. This Subdivision applies if:

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

  (b) either:

     (i) the pensioner is not a member of a couple; or

SCHEDULE 8—continued

       (ii) the pensioner is a member of a couple and the pensioner's partner is not receiving a service pension or income support supplement, is not receiving a social security pension and is not receiving a social security benefit; and

  (c) the pensioner dies.

Payment of one instalment

"53Q.(1) Sections 123 to 123E do not apply as a result of the pensioner's death but there is payable to any person whom the Commission thinks appropriate an amount equal to the amount of pension that would have been payable to the pensioner (including, to remove any doubt, any amount of pension that would have been payable under this Division) for the first pension payday after the day of the pensioner's death if the pensioner had not died.

"(2) If the amount is paid under subsection (1) in respect of the pensioner, the Commonwealth is not liable to any action, claim or demand for further payment under that subsection in respect of the pension.

"(3) If a lump sum bereavement payment that included an amount for a pension payday that occurred after the day of the pensioner's death had been made to the pensioner under this Division before the pensioner's death, the amount is not recoverable from the pensioner's estate.

"Subdivision D—Death of dependent child

Application

"53R. This Subdivision applies if:

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

  (b) a child dies; and

  (c) immediately before the child died, the pensioner's pension rate included:

     (i) a dependent child add-on in respect of the child; or

       (ii) guardian allowance in respect of the child.

When reassessed pension rate in respect of pensioner comes into effect

"53S.(1) Pension continues to be payable to the pensioner for pension paydays during the bereavement period