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StatuteSocial Security Act 1991

Section 86 — Social Security Act 1991: Effect of death of person entitled to payments under this Subdivision

Text of the provision Official document

If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) the person dies within the bereavement period; and (c) the Secretary does not become aware of the death of the person’s partner before the person dies; there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section. LUMP SUM CALCULATOR This is how to work out the amount of the lump sum: Method statement Step 1. Work out the amount that would have been payable to the person on the person’s payday immediately after the day on which the person died if: (a) neither the person nor the person’s partner had died; and (b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple. Step 2. Work out the amount that would have been payable to the partner on the person’s payday or service payday immediately after the day on which the person died if: (a) neither the person nor the partner had died; and (b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple. Step 3. Add the results of Step 1 and Step 2: the result is called the combined rate. Step 4. Work out the amount that, but for section 85, would have been payable to the person on the person’s payday immediately after the day on which the person died if the person had not died: the result is called the person’s individual rate. Step 5. Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component. Step 6. Work out the number of paydays of the partner in the period that commences on the day on which the person dies and ends on the day on which the bereavement period ends. Step 7. Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section.

Official source: Federal Register of Legislation

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