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SOCIAL SECURITY ACT 1991 - SECT 771NU

Continuation of partner allowance for bereavement period

             (1)  If:

                     (a)  a person is receiving partner allowance; and

                     (b)  the person's partner dies; and

                     (c)  immediately before the deceased partner died:

                              (i)  if the deceased partner was receiving a social security pension, a service pension, income support supplement or a veteran payment--the surviving partner was a long-term social security recipient; or

                             (ii)  if the deceased partner was receiving a social security benefit or a job search allowance--each partner was a long-term social security recipient;

the surviving partner remains qualified for partner allowance during the bereavement period as if:

                     (d)  the deceased partner had not died; and

                     (e)  the deceased partner had continued to receive newstart allowance, sickness allowance, special benefit, age pension, disability support pension, mature age allowance, service pension or income support supplement; and

                      (f)  the surviving partner and the deceased partner had continued to be members of a couple.

Rate of partner allowance during bereavement rate continuation period

             (2)  The surviving partner's partner allowance rate during the bereavement rate continuation period is the rate of the partner allowance that would have been payable to the surviving partner if:

                     (a)  the deceased partner had not died; and

                     (b)  if the couple had been an illness separated couple or a respite care couple--they had not been such a couple.

Rate of partner allowance during the bereavement lump sum period

             (3)  The surviving partner's partner allowance rate during the bereavement lump sum period (if any) is worked out as follows:

                    (aa)  if the deceased partner was receiving a youth allowance or an austudy payment immediately before he or she died, the rate of partner allowance is the rate at which a partner allowance would have been payable to the surviving partner if:

                              (i)  the surviving partner had been qualified for youth allowance or austudy payment (as the case may be); and

                             (ii)  the surviving partner was not a member of a couple;

                     (b)  if the deceased partner was receiving newstart allowance immediately before he or she died, the rate of partner allowance is the rate at which newstart allowance would have been payable to the surviving partner if:

                              (i)  the surviving partner had been qualified for newstart allowance; and

                             (ii)  the surviving partner was not a member of a couple;

                     (c)  if the deceased partner was receiving sickness allowance immediately before he or she died, the rate of partner allowance is the rate at which sickness allowance would have been payable to the surviving partner if:

                              (i)  the surviving partner had been qualified for sickness allowance; and

                             (ii)  the surviving partner was not a member of a couple;

                     (d)  if the deceased partner was receiving special benefit immediately before he or she died, the rate of partner allowance is the rate at which special benefit would have been payable to the surviving partner if:

                              (i)  the surviving partner had been qualified for special benefit; and

                             (ii)  the surviving partner was not a member of a couple;

                     (e)  if the deceased partner was receiving age pension, disability support pension or mature age allowance immediately before he or she died, the rate of partner allowance is the rate at which newstart allowance would have been payable to the surviving partner if:

                              (i)  the surviving partner had been qualified for newstart allowance; and

                             (ii)  the surviving partner was not a member of a couple.

Note 1:       For long-term social security recipient see subsection 23(1).

Note 2:       For bereavement period , bereavement rate continuation period and bereavement lump sum period see section 21.



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