Commonwealth Numbered Acts

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 135

135. (1) If:

   (a)  a person is receiving an invalid pension; and

   (b)  the person is a member of a couple; and

   (c)  the person's partner dies; and

   (d)  immediately before the partner died, the partner was receiving:

   (i)  an age pension; or

   (ii) an invalid pension; or

   (iii) a wife pension; or

   (iv) a carer pension; or

   (v)  a sole parent pension under subparagraph 249 (1) (a) (iv) (illness
        separated couple); or

   (vi) a sheltered employment allowance instead of an invalid pension; or

   (vii) a rehabilitation allowance instead of a pension referred to in
        subparagraph (i), (ii) or (iii); or

   (viii) a special needs age, invalid, wife or sole parent pension; or

   (ix) a service pension; the person is qualified for payments under this
        Subdivision to cover the bereavement period. Note 1: section 136
        provides for the payment to the person, up to the first available
        bereavement adjustment payday, of amounts equal to the instalments
        that would have been paid to the person's partner during that period
        if the partner had not died. Note 2: section 137 provides for a lump
        sum that represents the instalments that would have been paid to the
        person's partner, between the first available bereavement adjustment
        payday and the end of the bereavement period, if the partner had not
        died.

(2) A person who is qualified for payments under this Subdivision may choose
not to receive payments under this Subdivision.

(3) An election under subsection (2):

   (a)  must be made by written notice to the Secretary; and

   (b)  may be made after the person has been paid an amount or amounts under
        this Subdivision; and

   (c)  cannot be withdrawn after the Department has taken all the action
        required to give effect to that election.

(4) If a person is qualified for payments under this Subdivision in relation
to the partner's death, the rate at which age pension is payable to the person
during the bereavement period is, unless the person has made an election under
subsection (2), governed by section 138.