Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1992 No. 81, 1992 - SECT 20

20. Section 299 of the Principal Act is amended:

   (a)  by omitting from subsection (5) "subsection (5A)" and substituting
        "subsections (5A) and (5B)";

   (b)  by inserting after subsection (5A) the following subsection:

"(5B) If:

   (a)  the favourable determination is made following the death of the
        person's partner; and

   (b)  before the partner died, the partner:

        (i)    was not receiving a social security pension or a service
               pension; and

        (ii)   was not a long-term social security recipient; and

   (c)  within the period of 4 weeks that starts on the day after the day on
        which the partner dies:

        (i)    the person notifies the Department orally or in writing of
               their partner's death; or

        (ii)   the Secretary otherwise becomes aware of the death; the
               determination takes effect on the day on which the partner
               died. Note 1: for 'long-term social security recipient' see
               subsection 23(1). Note 2: if the person's partner is receiving
               a social security pension or service pension or is a long-term
               social security recipient, the person is entitled to
               bereavement payments and this subsection does not apply to the
               person.".