Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 235

  (1)   If:

  (a)   a person is receiving carer payment because he or she ordinarily cares for a care receiver or care receivers; and

  (b)   the person is caring for the care receiver or care receivers or has temporarily ceased to care for the care receiver or care receivers; and

  (c)   the care receiver or any of the care receivers dies; and

  (d)   the care receiver who dies is not the person's partner; and

  (e)   because of the death, the person would, apart from this subsection, cease to be qualified for the carer payment;

the person remains qualified for the carer payment during the bereavement period as if the death had not occurred.

  (1A)   If:

  (a)   a person (the carer ) is receiving a carer payment only because section   198AA or subsection   198AC(2) applies; and

  (b)   the death occurs of:

  (i)   the person or any of the persons for whom the person would qualify for carer payment as mentioned in paragraph   198AA(1)(b); or

  (ia)   the person or any of the persons for whom the carer would qualify for carer payment as mentioned in subsection   198AA(4) or (5); or

  (ii)   the person or any of the persons for whom the care mentioned in paragraph   198AC(2)(c) is assumed to be provided; and

  (c)   the person who dies is not the carer's partner;

the carer remains qualified for carer payment during the bereavement period as if the death had not occurred.

  (3)   A person to whom subsection   (1) applies may, by written notice to the Secretary, choose not to receive payments under this Subdivision and to receive instead any payments to which the person would be otherwise entitled.

  (4)   If a person makes an election under subsection   (3):

  (a)   this Act, or Part   III or IIIA of the Veterans' Entitlements Act, has effect accordingly; and

  (b)   the person may not withdraw the election after the Department has taken all the action required to give effect to the election.