Commonwealth Consolidated Acts

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 59

             (1)   This section sets out the only circumstances in which a pension bonus or a pension bonus bereavement payment will be payable after the death of the person concerned.

          (1A)  If:

                     (a)  a person claims a pension bonus; and

                     (b)  the person dies; and

                     (c)  at the time of the person's death, the person had received the bonus; and

                     (d)  after the person's death, the Secretary determines that the person's bonus is to be increased under section 93K or 93L;

the increase is payable to the legal personal representative of the person.

             (2)   If:

                     (a)  a person claims a pension bonus or a pension bonus bereavement payment ; and

                     (b)  the person dies; and

                     (c)  at the time of the person's death, the claim had been granted, but the person had not received the bonus or payment ;

the bonus or payment is payable to the legal personal representative of the person.

             (3)   If:

                     (a)  a person claims a pension bonus or a pension bonus bereavement payment ; and

                     (b)  the person dies; and

                     (c)  at the time of the person's death, the claim had not been determined;

then:

                     (d)  the Secretary must determine the claim after the person's death as if the person had not died; and

                     (e)  if the claim is granted--the bonus or payment is payable to the legal personal representative of the person.

             (4)   If:

                     (a)  under paragraph (3)(d), the Secretary is required to determine a claim for pension bonus after a person's death; and

                     (b)  at the time of the person's death, the person's claim for age pension had not been determined;

then, for the purposes of the determination of the claim for pension bonus, the following provisions have effect:

                     (c)  the requirements of paragraph 92C(a) of the 1991 Act are taken to be satisfied if:

                              (i)  the person would have started to receive an age pension if he or she had not died; and

                             (ii)  that age pension would have been received otherwise than because of a scheduled international social security agreement;

                     (d)  Division 6 of Part 2.2A of the 1991 Act has effect as if:

                              (i)  a reference in that Division to a particular rate were a reference to the rate that would have been applicable to the person if the person had not died; and

                             (ii)  a reference in that Division to the date of grant of the age pension were a reference to the date on which the age pension would have been granted if the person had not died;

                     (e)  this Act has effect as if subsections 17(2) and 34(2) were omitted.

          (4A)  If a pension bonus is payable to the legal personal representative of a person under subsection (2) or (3), any increase in that bonus determined by the Secretary under section 93K or 93L is also payable to that legal personal representative.

             (5)   If a pension bonus or pension bonus bereavement payment is paid under subsection (2) or (3), the Commonwealth has no further liability to any person in respect of that bonus or payment .