Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 660YKC

Qualification for payments under this Subdivision

             (1)  If:

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

                     (b)  the person's partner dies; and

                     (c)  immediately before the deceased partner died, the partner:

                              (i)  was a long-term social security recipient; or

                             (ii)  was receiving a social security pension, a service pension or income support supplement; and

                     (d)  immediately before the deceased partner died, the surviving partner 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 660YKB (person's continued rate) on that payday; and

                             (ii)  the amount that would otherwise be payable to the person under section 660YKD (continued payment of partner's pension or benefit) on the partner's payday immediately before the first available bereavement adjustment payday;

the surviving partner is qualified for payments under this Subdivision to cover the bereavement period.

Note 1:       Section 660YKD provides for the payment to the surviving partner, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the deceased partner during that period if the partner had not died.

Note 2:       Section 660YKE provides for payment to the surviving partner of a lump sum that represents the instalments that would have been paid to the deceased partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the deceased partner had not died.

Note 3:       For bereavement period see section 21.

             (2)  A surviving partner who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.

             (3)  An election under subsection (2):

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

                     (b)  may be made after the surviving partner 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.



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