Commonwealth Consolidated Acts

A NEW TAX SYSTEM (FAMILY ASSISTANCE) ACT 1999 - SECT 38

    If:

  (a)   an individual is eligible for a stillborn baby payment (the subject payment ) in respect of a child; and

  (b)   the individual dies; and

  (c)   before the individual died, the subject payment had not been paid to the individual (whether or not a claim had been made under Part   3 of the Family Assistance Administration Act); and

  (d)   another individual makes a claim under that Part for payment of a stillborn baby payment because of the death of the first - mentioned individual, stating that he or she wishes to become eligible for the subject payment; and

  (e)   the claim is made:

  (i)   within 52 weeks after the death; or

  (ii)   within a further period allowed by the Secretary in special circumstances; and

  (f)   the Secretary considers that the other individual ought to be eligible for the subject payment;

the other individual is eligible for the subject payment. No - one else is, or can become, eligible for or entitled to be paid that payment.