Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 827

Matters affecting payment of benefits under this Subdivision

             (1)  If:

                     (a)  a person is qualified for payments under this Subdivision and in relation to the death of the person's partner; and

                     (b)  after the person's partner died, an amount to which the partner would have been entitled if the partner 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 person has 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 person or from the personal representative of the person's partner except to the extent (if any) that the amount exceeds the amount payable to the person under this Subdivision;

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

             (2)  If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person's partner; and

                     (b)  an amount to which the person's partner would have been entitled if the person's 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 person, out of the 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 person's partner or anyone else in respect of the payment of that money to the person.



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