Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 192

Matters affecting payment of benefits under this Subdivision

             (1)  If:

                     (a)  a woman is qualified for payments under this Subdivision in relation to the death of the woman's partner; and

                     (b)  after the woman's partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III of the Veterans' Entitlements Act; and

                     (c)  the Secretary is not satisfied that the woman has not had the benefit of that amount;

the following provisions have effect:

                     (d)  the amount referred to in paragraph (b) is not recoverable from the woman or from the personal representative of the woman's partner, except to the extent (if any) that the amount exceeds the amount payable to the woman under this Subdivision;

                     (e)  the amount payable to the woman under this Subdivision is to be reduced by the amount referred to in paragraph (b).

             (2)  If:

                     (a)  a woman is qualified for payments under this Subdivision in relation to the death of the woman's partner; and

                     (b)  an amount to which the woman's partner would have been entitled if the woman's partner had not died has been paid under this Act or under Part III of the Veterans' Entitlements Act, within the bereavement period, into an account with a bank; and

                     (c)  the bank pays to the woman, out of that account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);

the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the woman's partner or anyone else in respect of the payment of that money to the woman.



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