Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1992 No. 81, 1992 - SECT 37

37. Section 820 of the Principal Act is amended:

   (a)  by omitting from subsection (5) "If" and substituting "Subject to
        subsection (5A), if";

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

"(5A) 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.".