Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(1) This section applies if subsidy is payable to a surviving partner of a deceased partner because of section 60 or 61, or by the operation of section 63.
How this Part applies to surviving partner
(2) For the purposes of this Part, unless otherwise expressly provided, the surviving partner must be treated in the same way as the deceased partner, assuming that:
(a) the deceased partner had not died; and
(b) the deceased partner were eligible as provided in the following table.
Treatment of surviving partner | ||
Item | if ... | then ... |
1 | The deceased partner: (a) was a member of the Defence Force at the time of death; and (b) died because of a compensable condition | The deceased partner is assumed to have become eligible as an incapacitated member (see section 9) at the time of death |
2 | Any other case applies | The deceased partner is assumed: (a) to have continued to be eligible in the same capacity as at the time of death; but (b) only to have the number of months standing to his or her service credit that he or she had completed at the time of death |
Note: This section, together with sections 60, 61 and 63, ensures (among other things) that the deceased partner's accrued subsidy period and loan limit may be used in determining the surviving partner's entitlement to subsidy under this Part.
Example: Assume that subsidy has been payable to a person. The person dies, and this Part applies to the person's surviving partner.
Under subsection 46(1), the number of months in respect of which subsidy had been payable to the deceased partner (as at the time of death) must be taken into account in working out the surviving partner's service credit (see step 2 of the method statement in that subsection).
In addition, the number of months in respect of which subsidy has continued to be payable to the surviving partner must also be taken into account in working out the surviving partner's service credit (because after the death of the person, this Part applies to the surviving partner in the same way as it would have applied to the deceased partner).