Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section sets out the only circumstances in which a pension bonus or a pension bonus bereavement payment will be payable after the death of the person concerned.
(1A) If:
(a) a person claims a pension bonus; and
(b) the person dies; and
(c) at the time of the person's death, the person had received the bonus; and
(d) after the person's death, the Secretary determines that the person's bonus is to be increased under section 93K or 93L;
the increase is payable to the legal personal representative of the person.
(2) If:
(a) a person claims a pension bonus or a pension bonus bereavement payment; and
(b) the person dies; and
(c) at the time of the person's death, the claim had been granted, but the person had not received the bonus or payment;
the bonus or payment is payable to the legal personal representative of the person.
(3) If:
(a) a person claims a pension bonus or a pension bonus bereavement payment; and
(b) the person dies; and
(c) at the time of the person's death, the claim had not been determined;
then:
(d) the Secretary must determine the claim after the person's death as if the person had not died; and
(e) if the claim is granted--the bonus or payment is payable to the legal personal representative of the person.
(4) If:
(a) under paragraph (3)(d), the Secretary is required to determine a claim for pension bonus after a person's death; and
(b) at the time of the person's death, the person's claim for age pension had not been determined;
then, for the purposes of the determination of the claim for pension bonus, the following provisions have effect:
(c) the requirements of paragraph 92C(a) of the 1991 Act are taken to be satisfied if:
(i) the person would have started to receive an age pension if he or she had not died; and
(ii) that age pension would have been received otherwise than because of a scheduled international social security agreement;
(d) Division 6 of Part 2.2A of the 1991 Act has effect as if:
(i) a reference in that Division to a particular rate were a reference to the rate that would have been applicable to the person if the person had not died; and
(ii) a reference in that Division to the date of grant of the age pension were a reference to the date on which the age pension would have been granted if the person had not died;
(e) this Act has effect as if subsections 17(2) and 34(2) were omitted.
(4A) If a pension bonus is payable to the legal personal representative of a person under subsection (2) or (3), any increase in that bonus determined by the Secretary under section 93K or 93L is also payable to that legal personal representative.
(5) If a pension bonus or pension bonus bereavement payment is paid under subsection (2) or (3), the Commonwealth has no further liability to any person in respect of that bonus or payment.