Social Security Act 1991

If, apart from this subsection, the Commonwealth does not have power under the social security law to pay an amount (the relevant amount) in any of the following circumstances:

the relevant amount is deposited to an account kept in the name of a deceased person;

the relevant amount is deposited to an account kept in the names of a deceased person and another person;

the relevant amount is paid by way of a cheque made out to a deceased person;

on the last day on which changes could reasonably be made to the payment of the relevant amount, no Department official knew that the deceased person had died; and

apart from this subsection, the relevant amount would have been payable as an Australian Government Disaster Recovery Payment to the deceased person if the deceased person had not died.

For Department official, see section 1061PAAE.

If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person’s estate.

If a payment is made under subsection (1), the relevant amount:

is a debt due to the Commonwealth by the legal personal representative of the deceased person; and

may be recovered by the Secretary, on behalf of the Commonwealth, in a court of competent jurisdiction.