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VETERANS' ENTITLEMENTS ACT 1986 - SECT 118ND

Bereavement payments under the Social Security Act

Increase of bereavement payments to take account of DFISA

             (1)  If, immediately before a person dies:

                     (a)  a social security pension or social security benefit was payable to the person; and

                     (b)  DFISA was payable to the person;

then, for the purposes of the bereavement payment provisions of the Social Security Act, the rate of the pension or benefit that, if the person had not died, would have been payable to the person on a day during the bereavement period is increased by the rate of DFISA that would also have been payable to the person on that day.

Note 1:       For social security pension and social security benefit see section 5Q.

Note 2:       For bereavement payment provision and bereavement period see subsection (4).

          (1A)  If, immediately before a person (the care recipient ) who is being cared for by another person (the carer ) who is not the care recipient's partner dies:

                     (a)  a social security pension or social security benefit was payable to the carer; and

                     (b)  DFISA was payable to the carer;

then, for the purposes of the bereavement payment provisions of the Social Security Act, the rate of the pension or benefit that, if the care recipient had not died, would have been payable to the carer on a day during the bereavement period is increased by the rate of DFISA that would also have been payable to the carer on that day.

Note 1:       For social security pension and social security benefit see section 5Q.

Note 2:       For bereavement payment provision and bereavement period see subsection (4).

DFISA paid to person after the person dies

             (2)  If:

                     (a)  a person is qualified for payments under a bereavement payment provision of the Social Security Act in relation to the death of the person's partner; and

                     (b)  after the person's partner died, an amount of DFISA to which the partner would have been entitled if the partner had not died has been paid under this Part; and

                     (c)  the Commission is not satisfied that the person has not had the benefit of the DFISA amount;

the following provisions have effect:

                     (d)  the DFISA amount is not recoverable from the person or from the personal representative of the person's partner, except to the extent (if any) that the DFISA amount exceeds the amount payable to the person under the bereavement payment provision;

                     (e)  the amount payable to the person under the bereavement payment provision is to be reduced by the DFISA amount.

Note:          For bereavement payment provision see subsection (4).

DFISA paid to a carer after care recipient dies

          (2A)  If:

                     (a)  a person (the carer ) is qualified for payments under a bereavement payment provision of the Social Security Act in relation to the death of another person (the care recipient ), who is not the carer's partner, for whom the carer has been caring; and

                     (b)  after the death of the care recipient, an amount of DFISA to which the carer would have been entitled if the care recipient had not died has been paid under this Part; and

                     (c)  the Commission is not satisfied that the carer has not had the benefit of the DFISA amount;

the following provisions have effect:

                     (d)  the DFISA amount is not recoverable from the carer, except to the extent (if any) that the DFISA amount exceeds the amount payable to the carer under the bereavement payment provision;

                     (e)  the amount payable to the carer under the bereavement payment provision is to be reduced by the DFISA amount.

Note:          For bereavement payment provision see subsection (4).

Financial institutions not liable

             (3)  If:

                     (a)  a person is qualified for payments under a bereavement payment provision of the Social Security Act in relation to the death of the person's partner; and

                     (b)  the amount of DFISA to which the person's partner would have been entitled if the person's partner had not died has been paid under this Part into an account with a financial institution within the bereavement period referred to in the bereavement payment provision; and

                     (c)  the financial institution pays to the person, out of the account, an amount not exceeding the total of the DFISA amounts paid as mentioned in paragraph (b);

the financial institution 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.

Definitions

             (4)  In this section:

"bereavement payment provisions " of the Social Security Act means the following provisions of that Act:

                     (a)  Division 9 of Part 2.2 (age pension);

                     (b)  Division 10 of Part 2.3 (disability support pension);

                     (c)  Division 9 of Part 2.4 (wife pension);

                     (d)  Division 9 of Part 2.5 (carer payment);

                     (e)  Division 9 of Part 2.7 (bereavement allowance);

                      (f)  Division 9 of Part 2.8 (widow B pension);

                     (g)  Division 9 of Part 2.10 (parenting payment);

                     (h)  Division 10 of Part 2.11 (youth allowance);

                      (i)  Division 10 of Part 2.11A (austudy);

                      (j)  Division 9 of Part 2.12 (newstart);

                     (k)  Division 11 of Part 2.12B (mature age allowance);

                      (l)  Division 9 of Part 2.14 (sickness allowance);

                    (m)  Division 9 of Part 2.15 (special benefit);

                     (n)  Division 9 of Part 2.15A (partner allowance);

                     (o)  Division 10 of Part 2.16 (special needs pension).

"bereavement period " has the meaning given by subsection 21(2) of the Social Security Act.



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