Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 238

Continued payment of deceased partner's previous entitlement

             (1)  If a person is qualified for payments under this Subdivision in relation to the death of the person's partner, there is payable to the person, on each of the partner's paydays in the bereavement rate continuation period:

                     (a)  where the partner was receiving a social security pension or social security benefit--the amount that would have been payable to the partner on the payday if the partner had not died; or

                     (b)  where the partner was receiving a service pension, income support supplement or a veteran payment--the amount that would have been payable to the partner under Part III, IIIA or IIIAA (as the case may be) of the Veterans' Entitlements Act on the service payday that:

                              (i)  where the first Thursday after the partner's death was a service payday--precedes the pension payday; or

                             (ii)  in any other case--follows the pension payday;

                            if the partner had not died.

Note:          For bereavement rate continuation period see section 21 .

             (2)  For the purposes of subsection (1), if the couple were, immediately before the partner's death, an illness separated couple or a respite care couple, the amounts are to be worked out as if they were not such a couple.



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