Social Security (Administration) Act 1999

This section sets out the only circumstances in which a pension bonus or a pension bonus bereavement payment will be payable after the death of the person concerned.

If:

a person claims a pension bonus; and

the person dies; and

at the time of the person’s death, the person had received the bonus; and

after the person’s death, the Secretary determines that the person’s bonus is to be increased under section 93K or 93L;

If:

a person claims a pension bonus or a pension bonus bereavement payment; and

the person dies; and

at the time of the person’s death, the claim had been granted, but the person had not received the bonus or payment;

If:

a person claims a pension bonus or a pension bonus bereavement payment; and

the person dies; and

at the time of the person’s death, the claim had not been determined;

the Secretary must determine the claim after the person’s death as if the person had not died; and

if the claim is granted—the bonus or payment is payable to the legal personal representative of the person.

If:

under paragraph (3)(d), the Secretary is required to determine a claim for pension bonus after a person’s death; and

at the time of the person’s death, the person’s claim for age pension had not been determined;

the requirements of paragraph 92C(a) of the 1991 Act are taken to be satisfied if:

the person would have started to receive an age pension if he or she had not died; and

that age pension would have been received otherwise than because of a scheduled international social security agreement;

Division 6 of Part 2.2A of the 1991 Act has effect as if:

a reference in that Division to a particular rate were a reference to the rate that would have been applicable to the person if the person had not died; and

a reference in that Division to the date of grant of the age pension were a reference to the date on which the age pension would have been granted if the person had not died;

this Act has effect as if subsections 17(2) and 34(2) were omitted.

If a pension bonus is payable to the legal personal representative of a person under subsection (2) or (3), any increase in that bonus determined by the Secretary under section 93K or 93L is also payable to that legal personal representative.

If a pension bonus or pension bonus bereavement payment is paid under subsection (2) or (3), the Commonwealth has no further liability to any person in respect of that bonus or payment.