Commonwealth Numbered Acts

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 87

87. (1) If:

   (a)  a person is qualified for payments under this Subdivision in relation
        to the death of the person's partner; and

   (b)  after the person's partner died, an amount to which the partner would
        have been entitled if the partner had not died has been paid under
        this Act or under Part III of the Veterans' Entitlements Act; and

   (c)  the Secretary is not satisfied that the person has not had the benefit
        of that amount; the following provisions have effect:

   (d)  the amount referred to in paragraph (b) is not recoverable from the
        person or from the personal representative of the person's partner,
        except to the extent (if any) that the amount exceeds the amount
        payable to the person under this Subdivision;

   (e)  the amount payable to the person under this Subdivision is to be
        reduced by the amount referred to in paragraph (b).

(2) If:

   (a)  a person is qualified for payments under this Subdivision in relation
        to the death of the person's partner; and

   (b)  an amount to which the person's partner would have been entitled if
        the person's partner had not died has been paid under this Act or
        under Part III of the Veterans' Entitlements Act, within the
        bereavement period, into an account with a bank, credit union or
        building society (in this subsection
called the "financial institution"); and

   (c)  the financial institution pays to the person, out of the account, an
        amount not exceeding the total of the amounts paid as mentioned in
        paragraph (b); the financial institution is, in spite of anything in
        any other law, not liable to any action, claim or demand by the
        Commonwealth, the personal representative of the person's partner or
        anyone else in respect of the payment of that money to the person.