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.

3.1.5.112 Death of PP recipient's partner

Summary

The bereavement provisions for PP are generally the same as those applying to other social security payments. They are intended to ensure that the survivor receives at least the amount that would have been paid to the couple during the 14 weeks following the death of the partner, had the partner not died and had the couple been living together.

A PP recipient will ONLY qualify for bereavement payments IF:

  • they are a long-term social security recipient, AND
  • their deceased partner was a long-term social security recipient, a social security pensioner or a service pensioner.

This topic should be read in conjunction with the following definitions that appear in SSAct section 21(2):

  • bereavement notification day
  • bereavement period
  • bereavement rate continuation period, and
  • bereavement rate lump sum period.

Act reference: SSAct section 21(2) Bereavement definitions, section 23(1)-'long-term social security recipient', section 514A Qualification for payments under this Subdivision

Adjustment to single rate

The PP rate payable after the death of a partner is the PPS rate. This is paid from whichever of the following dates applies:

If … then pension PPS is paid from …
  • the person is eligible for bereavement payments, BUT elects not to receive them, AND
  • the advice of the partner's death is received within 7 EPEDs of the date of death
 the date of the partner's death.
the person receives bereavement payments the first entitlement period end day (1.1.E.126) in the lump sum bereavement period.
the person's partner was not:
  • receiving a social security pension OR service pension, OR
  • a long term social security recipient, AND
  • the advice of the partner's death is received within 2 EPEDs of the date of death
 the date of the partner's death.

In any other situation, PPS is paid from the date of the advice of the partner's death.

Act reference: SS(Admin)Act section 109 Date of effect of favourable determination resulting from review

Policy reference: SS Guide 3.10.5.65 PP change between single & partnered

Bereavement rate continuation payment

During the bereavement rate continuation period, the PP recipient is entitled to:

  • PP at the partnered rate on each entitlement period end date in the period, AND
  • the amount that the deceased partner would have been entitled to on each entitlement period end date in the period, had the death not occurred.

If the deceased was actually paid during the bereavement rate continuation period, it is assumed that the recipient has access to the money. These amounts are therefore deducted from the entitlements that would have been paid to the deceased partner during that period.

Explanation: If the deceased was receiving JSP, payment will not normally have been made for periods beyond the date of death. If the deceased received SpB or a pension, or was a JSP recipient subject to reduced reporting requirements, some payments may have been made in the bereavement rate continuation period.

Act reference: SSAct section 514B Continued payment of deceased partner's previous entitlement, section 514D Adjustment of person's PP rate, section 21(2) Bereavement definitions

Policy reference: SS Guide 3.1.5.30 Bereavement payment provisions for couples, 3.1.5.120 Examples of bereavement calculations for PP, 3.10.5.65 PP change between single & partnered

Bereavement rate lump sum period

During the bereavement rate lump sum period, the PP recipient is entitled to be paid:

  • PP at the PPS rate for each entitlement period end date in the period, AND
  • a lump sum, being the difference between the combined amount that would have been payable to the couple but for the death, and the recipient's new single rate referred to above, multiplied by the number of THE DECEASED PARTNER'S paydays in the period.

The continuing PP rate is subject to normal income testing arrangements. Any changes in income are to be taken into account and the rate varied appropriately.

Act reference: SSAct section 514C Lump sum payable in some circumstances, section 514D Adjustment of person's PP rate, section 514F Matters affecting payments under this Subdivision, section 21(2) Bereavement definitions

Policy reference: SS Guide 3.1.5.70 The lump sum bereavement payment - member of a couple

Last reviewed: