Section 40M — Social Security (Administration) Act 1999: Death of person’s partner

Claimants (1) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if: (a) the person makes a claim for a jobseeker payment, parenting payment, a youth allowance or a special benefit; and (b) the person makes the claim after the death of the person’s partner; and (c) if the person was not pregnant when the person’s partner died—the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and (d) if the person was pregnant when the person’s partner died—the person makes the claim: (i) in the period of 14 weeks starting on the day of the death of the partner; or (ii) in the period starting on the day of the death of the partner and ending when the child is born or the person otherwise stops being pregnant; whichever ends later. The applicable period is the period applicable under paragraph (c) or (d). Recipients (2) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if: (a) the person is receiving a jobseeker payment, parenting payment, a youth allowance or a special benefit; and (b) while the person is receiving the payment, allowance or benefit the person’s partner dies; and (c) if the person was not pregnant when the person’s partner died—the person notifies the Employment Secretary of the person’s partner’s death in the period of 14 weeks starting on the day of the death of the partner; and (d) if the person was pregnant when the person’s partner died—the person notifies the Employment Secretary of the person’s partner’s death: (i) in the period of 14 weeks starting on the day of the death of the partner; or (ii) in the period starting on the day of the death of the partner and ending when the child is born or the person otherwise stops being pregnant; whichever ends later; and (e) the person is receiving the payment, allowance or benefit on the day of the notification. The applicable period is the period applicable under paragraph (c) or (d).