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StatuteSocial Security Act 1991

Section 1034A — Social Security Act 1991: Death of recipient

Text of the provision Official document

(1) If: (a) a person is receiving a double orphan pension; and (b) the person is a member of a couple; and (c) the person dies; and (d) the person: (i) was qualified at the time of the person’s death for payments under Subdivision A in relation to the death of a DOP child; or (ii) would have been so qualified if the person had not died; and (e) the person’s partner claims the payments referred to in paragraph (d) within 3 months after the death of the child; there is payable to the partner an amount equal to the sum of the following amounts: (f) the amount of double orphan pension that would have been payable to the person under section 1033 if the person had not died; (g) any lump sum that would have been payable to the person under section 1034 if the person had not died. (2) If: (a) a person is receiving a double orphan pension; and (b) the person is not a member of a couple; and (c) the person dies; and (d) the person: (i) was qualified at the time of the person’s death for payments under Subdivision A in relation to the death of a DOP child; or (ii) would have been so qualified if the person had not died; there is payable, to such person as the Secretary thinks appropriate, an amount equal to the sum of the following amounts: (e) the amount of double orphan pension that would have been payable to the person under section 1033 if the person had not died; and (f) any lump sum that would have been payable to the person under section 1034 if the person had not died.

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.