Commonwealth Numbered Acts

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 449

449. (1) If:

   (a)  a person is receiving a sheltered employment allowance instead of 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 carer pension; or

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

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

   (vi) a service pension; the person is qualified for payments under this
        Subdivision to cover the bereavement period. Note 1: section 450
        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 451 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) If:

   (a)  a person is receiving a sheltered employment allowance instead of 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 person's sheltered employment
        allowance rate included an amount under paragraph 422 (1) (b)
        in respect of the partner; the person is qualified for payments under
        this Subdivision to cover the bereavement period. Note: for the
        consequences of this subsection on a person's sheltered employment
        allowance rate see section 452.

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

(4) An election under subsection (3):

   (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   (c)  cannot be withdrawn after the Department has taken all the action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.

(5) If a person is qualified for payments under this Subdivision in relation
to the partner's death, the rate at which sheltered employment allowance is
payable to the person during the bereavement period is, unless the person has
made an election under subsection (3), governed by section 452.