A NEW TAX SYSTEM (FAMILY ASSISTANCE) ACT 1999 - SECT 38 What happens if an individual eligible for maternity allowance

Commonwealth Numbered Acts

What happens if an individual eligible for maternity allowance dies

If:

(a): an individual is eligible for maternity allowance (the subject allowance ) in respect of a child; and
(b): the individual dies; and
(c): before the individual died, the subject allowance had not been paid to the individual (whether or not a claim under Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999 had been made); and
(d): another individual makes a claim under that Part for payment of maternity allowance because of the death of a person, stating that he or she wishes to become eligible for the subject allowance; and
(e): the Secretary considers that the other individual ought to be eligible for the subject allowance;

the other individual is eligible for the subject allowance and no-one else is, or can become, eligible for or entitled to be paid that allowance.

Subdivision A—Eligibility of individuals for maternity immunisation allowance in normal circumstances