SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 59 Payment of pension bonus after death

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SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 59

Payment of pension bonus after death

(1): This section sets out the only circumstances in which a pension bonus will be payable after the death of the person concerned.
(2): If:

(a): a person claims a pension bonus; 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;

the bonus is payable to the legal personal representative of the person.

(3): If:

(a): a person claims a pension bonus; 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 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.

(5): If a pension bonus is paid under subsection (2) or (3), the Commonwealth has no further liability to any person in respect of that bonus.

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