Commonwealth Numbered Acts

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 1139

1139. (1) The Commonwealth is not entitled to recover a debt under section
1135 from a person until after the person's death.

(2) In the following circumstances, the Commonwealth is not entitled to
recover the debt until after the person's death and after:

   (a)  if:

   (i)  the person was a member of a couple at the time of death; and

   (ii) the person's partner survives the person; and

   (iii) an amount of bereavement payment is payable to the partner because of
        the person's death; the last pension payday on which an amount of
        bereavement payment is payable; or

   (b)  if:

   (i)  the person was a member of a couple at the time of death; and

   (ii) the person's partner survives the person; and

   (iii) the person's partner has the use of the assets or part of the assets
        that are subject to a charge; and

   (iv) the partner has turned:

                (A)  if a woman - 60; or

                (B)  if a man - 65; the death of the partner.

(3) This section is subject to sections 1140 (enforcement of charge if assets
change hands) and 1142 (automatic termination of participation in pension
loans scheme).

(4) If the Secretary decides that the debt is to be recovered before the
events referred to in subsection (1) or (2), the debt may be so recovered in
spite of those subsections.