Commonwealth Numbered Acts Commonwealth Numbered Acts(1) Subject to this section, the Secretary must give a subsidy certificate to the applicant if the Secretary is satisfied that:
(a) the applicant is the surviving partner of a deceased partner; and
(b) the deceased partner was eligible immediately before his or her death; and
(c) the applicant has not previously been given a subsidy certificate under this section in relation to the deceased partner.
Note: Entitlement to subsidy may be transferred from a deceased partner to a surviving partner in certain circumstances, without the requirement for the surviving partner to obtain a new subsidy certificate (see sections 60 and 61).
Time of application for subsidy certificate--generally
(2) The Secretary may give a subsidy certificate to the applicant under subsection (1) only if the application for a subsidy certificate is made within 2 years after:
(a) if the deceased partner was not a member of the Defence Force at the time of his or her death--the day the deceased partner stopped being a member; or
(b) in any other case--the death of the deceased partner.
Time of application for subsidy certificate--extension
(3) Despite subsection (2), the Secretary may give a subsidy certificate to the applicant under subsection (1) if:
(a) the deceased partner, at the time of his or her death:
(i) was not a member of the Defence Force; and
(ii) held a subsidy certificate that was in force; and
(b) the application for the subsidy certificate is not made within the period mentioned in paragraph (2)(a); and
(c) the Secretary is satisfied that it was reasonable for the application not to have been made within that period; and
(d) the application is made within 1 year after the death of the deceased partner.