Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 771NZ

Matters affecting payments under this Subdivision

             (1)  If:

                     (a)  the surviving partner is qualified for payments under this Subdivision; and

                     (b)  after the deceased partner died, an amount to which the deceased partner would have been entitled if he or she had not died has been paid under this Act or under Part III or IIIA of the Veterans' Entitlements Act; and

                     (c)  the Secretary is not satisfied that the surviving partner had not had the benefit of that amount;

the following provisions have effect:

                     (d)  the amount referred to in paragraph (b) is not recoverable from the surviving partner or from the personal representative of the deceased partner, except to the extent (if any) that the amount exceeds the amount payable to the surviving partner under this Subdivision;

                     (e)  the amount payable to the surviving partner under this Subdivision is to be reduced by the amount referred to in paragraph (b).

             (2)  If:

                     (a)  the surviving partner is qualified for payments under this Subdivision; and

                     (b)  an amount to which the deceased partner would have been entitled if the deceased partner had not died has been paid under this Act or under Part III or IIIA of the Veterans' Entitlements Act, within the bereavement period, into an account with a bank; and

                     (c)  the bank pays to the surviving partner, out of that account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);

the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the deceased partner or anyone else in respect of the payment of that money to the surviving partner.



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