The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

3.1.5.92 The one-off PBV for JSP & YA recipients

Summary

A person claiming or receiving JSP or YA and whose partner has died on or after 20 March 2020 may qualify for a one-off PBV.

The one-off PBV is an upfront lump sum payable to eligible JSP and YA recipients to assist with expenses associated with the death of their partner. The one-off PBV is paid to the recipient with their next available regular payment of JSP or YA, following notification of the partner's death.

Qualification (1.1.Q.10) criteria

To qualify for the one-off PBV, a person must meet the criteria listed in the following table on the relevant day (1.1.R.120). Where more detail about a criterion is required, the second column indicates where you will find this.

Criterion More detail
The person is qualified and payable for JSP or YA on the relevant day, AND This topic
was a member of a couple (1.1.M.120) and stopped being a member of a couple because their partner died, AND -
is not a member of a couple on the relevant day, AND -
the person and their partner were Australian residents (1.1.A.330) when the partner died, AND This topic
the person notifies Services Australia about their partner's death within 14 weeks, OR This topic
if the person is pregnant, notifies Services Australia within 14 weeks or before the pregnancy ends, whichever is the longest period, AND This topic
if the person is eligible for more than one type of bereavement assistance, they choose to receive the one-off PBV. This topic

Act reference: SSAct section 567FA Qualification for payment under this Subdivision (YA), section 660LH Qualification for payment under this Subdivision (JSP)

Calculating the amount of the one-off PBV

The person must be qualified and payable for JSP or YA on the relevant day, which is the day the person first notifies of their partner's death. This is because the amount of the one-off PBV is calculated using the person's rate of payment on the relevant day. An additional amount is included in the one-off PBV calculation for a person who is pregnant when their partner died.

Act reference: SSAct section 567FB Amount of payment (YA), section 660LI Amount of payment (JSP)

Policy reference: SS Guide 3.1.5.94 Calculating the amount of the one-off PBV - JSP recipients, 3.1.5.96 Calculating the amount of the one-off PBV - YA recipients

Residence requirements

To satisfy the residence requirements for the one-off PBV, the person and their partner must BOTH have been Australian residents at the time of the partner's death. These requirements are in addition to the residence requirements for the person receiving JSP or YA.

Examples:

  • A non-protected SCV holder receiving JSP or YA for 6 months would not satisfy the residence requirements.
  • An SpB recipient partner who was the holder of a temporary visa when they died would not satisfy the residence requirements.

Act reference: SSAct section 7(2)-'Australian resident', section 567FA(e) Qualification for payment under this Subdivision (YA), section 660LH(e) Qualification for payment under this Subdivision (JSP)

Policy reference: SS Guide 3.1.1.10 Residence requirements

Notification requirements

The relevant day when assessing qualification for the one-off PBV is the day the person or their appointed nominee (1.1.N.80) first notifies Services Australia of the partner's death. Notification from a third party alone, such as a funeral home or other relative, cannot be used to assess qualification for the one-off PBV.

Example: If the surviving partner and a funeral home both notify Services Australia of the partner's death, the relevant day is the day the surviving partner notified Services Australia.

Policy reference: SS Guide 2.2.6 Confirming a death

General period of notification

The person must notify Services Australia of the partner's death within 14 weeks to qualify for the one-off PBV. The exception to this is when the person is pregnant, whose partner has died, as covered below.

The person can notify Services Australia on any day within the 14 weeks as long as they meet the qualification criteria for the one-off PBV on that day.

Example: A person claims JSP 13 weeks after their partner died. As the person is qualified for JSP and receives a payment rate greater than nil on the relevant day, they can receive a one-off PBV calculated on their daily rate.

Act reference: SSAct section 567FA(f) Qualification for payment under this Subdivision (YA), section 660LH(f) Qualification for payment under this Subdivision (JSP)

Period of notification for a pregnant person

A person who was pregnant when their partner died must notify Services Australia within 14 weeks of their partner's death, or before the baby is born or the pregnancy otherwise ends, whichever is later.

The period between the partner's death and the end of the pregnancy is known as the relevant period (1.1.R.136). An additional amount is paid to bereaved pregnant persons depending on the length of the relevant period.

Example: The partner of someone who is pregnant dies. To meet the period of notification requirements for the one-off PBV:

  • If they are due to give birth within 14 weeks from the day their partner died, they have 14 weeks to notify Services Australia that their partner has died.
  • If they are due to give birth more than 14 weeks after their partner died, they must notify Services Australia of their partner's death before the baby is born or the pregnancy otherwise ends.

Act reference: SSAct section 567FA(g) Qualification for payment under this Subdivision (YA), section 660LH(g) Qualification for payment under this Subdivision (JSP)

Eligibility for more than one type of bereavement assistance payment

JSP and YA recipients who are long-term social security recipients, and whose partner was a long-term social security recipient, social security pensioner or service pensioner when they died, may notionally qualify for both the one-off PBV and the LBP, however, they can only be paid one of these payments.

Where a JSP or YA recipient would qualify for either the PBV or the LBP, each of the lump sum amounts that would be payable should be calculated. If the LBP is higher, the JSP or YA recipient should be paid that amount. However, if the one-off PBV is higher, the person should be invited to choose to receive the one-off PBV instead.

Note: The person's decision to receive the one-off PBV instead of the LBP must be made in writing.

If the person chooses to receive the one-off PBV after they have received an LBP, the person will be paid the difference between the 2 calculated amounts.

Example: A third party notifies Services Australia that Sriya's husband Nihal died on 10 July 2020. As both Sriya and Nihal are long-term social security recipients on JSP, Sriya is paid an LBP. When Sriya contacts Services Australia on 27 July 2020 about Nihal's death, she is advised that she would qualify for $250 more under the one-off PBV, compared to the LBP she was paid, which was reduced because of Nihal's earnings before he died. Sriya is able to advise Services Australia, in writing, that she chooses to receive the one-off PBV instead of the LBP and an amount of $250 representing the difference between the 2 amounts is subsequently paid into her bank account.

Act reference: SSAct Part 2.11 Division 10 Subdivision A - Ongoing payments for death of partner (YA), section 567FA Qualification for payment under this Subdivision (YA), Part 2.12 Division 9 Subdivision AA - Ongoing payments for death of partner (JSP), section 660LH Qualification for payment under this Subdivision (JSP)

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