Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 592

Qualification for payments under this Division

Qualification for payment

             (1)  If:

                     (a)  a person is receiving an austudy payment; and

                     (b)  the person is a long-term social security recipient; and

                     (c)  the person is a member of a couple; and

                     (d)  the person's partner dies; and

                     (e)  immediately before the partner died, the partner:

                              (i)  was receiving a social security pension; or

                             (ii)  was receiving a service pension, income support supplement or a veteran payment; or

                            (iii)  was a long-term social security recipient; and

                      (f)  on the person's payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Division is less than the sum of:

                              (i)  the amount that would otherwise be payable to the person under section 592C (person's continued rate) on that payday; and

                             (ii)  the amount (if any) that would otherwise be payable to the person under section 592A (continued payment of partner's pension or benefit) on the partner's payday immediately before the first available bereavement adjustment payday;

the person is qualified for payments under this Division to cover the bereavement period.

Note 1:       Section 592A provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person's partner during that period if the partner had not died.

Note 2:       Section 592B provides for a lump sum that represents the instalments that would have been paid to the person's partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.

Note 3:       For first available bereavement adjustment payday and bereavement period see section 21.

Choice not to receive payments

             (2)  A person who is qualified for payments under this Division may choose not to receive payments under this Division.

Form of choice

             (3)  A choice under subsection (2):

                     (a)  must be made by written notice to the Secretary; and

                     (b)  may be made after the person has been paid an amount or amounts under this Division; and

                     (c)  cannot be withdrawn after the Department has taken all the action required to give effect to that choice.

Rate during bereavement period

             (4)  If a person is qualified for payments under this Division in relation to the partner's death, the rate at which austudy payment is payable to the person during the bereavement period is, unless the person has made a choice under subsection (2), governed by section 592C.



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