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SOCIAL SECURITY ACT 1991 - SECT 660XKA

Qualification for payments under this Subdivision

             (1)  If:

                     (a)  a person is receiving a mature age allowance; and

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

                     (c)  the person's partner dies; and

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

                              (i)  was receiving a social security pension; or

                             (ii)  was receiving a service pension; or

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

                     (e)  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 Subdivision is less than the sum of:

                              (i)  the amount that would otherwise be payable to the person under section 660XKD (person's continued rate) on that payday; and

                             (ii)  the amount that would otherwise be payable to the person under section 660XKB (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 Subdivision to cover the bereavement period.

Note 1:       Section 660XKB 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 660XKC 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.

             (2)  If:

                     (a)  a person is receiving a mature age allowance; and

                     (b)  immediately before starting to receive the allowance the person was receiving partner bereavement payments; and

                     (c)  the bereavement rate continuation period in relation to the death of the person's partner has not ended;

the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.

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

Note:          If a person makes an election, the date of effect of any determination to increase the person's rate of mature age allowance may, in some circumstances, be the day on which the person's partner died (see subsection 660XJP(6)).

             (4)  An election under subsection (3):

                     (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 Subdivision; and

                     (c)  cannot be withdrawn after the Department has taken all the action required to give effect to that election.

             (5)  If a person is qualified for payments under this Subdivision in relation to the partner's death, the rate at which mature age allowance is payable to the person during the bereavement period is, unless the person has made an election under subsection (3), governed by section 660XKD.

             (6)  For the purposes of this section, a person is a long term social security recipient if:

                     (a)  the person is either receiving a social security benefit or is a benefit increase partner; and

                     (b)  in respect of the previous 12 months, the person:

                              (i)  was receiving a social security pension; or

                             (ii)  was receiving a social security benefit; or

                           (iia)  was receiving a youth training allowance; or

                            (iii)  was receiving a service pension; or

                            (iv)  was a benefit increase partner.

             (7)  A person is taken to satisfy the requirements of paragraph (6)(b) if:

                     (a)  the person's receipt of social security pension, social security benefit, youth training allowance or service pension, or the person's status as a benefit increase partner, or a combination of these, was continuous for the period of 12 months; or

                     (b)  the person was receiving one or other of the payments referred to in paragraph (6)(b) or had the status of a benefit increase partner, or a combination of these, for 46 weeks of the previous 52.



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