3.1.5.130 Bereavement payment provisions for CP
Summary
This topic explains the bereavement payment provisions for CP that are DIFFERENT to the general provisions explained elsewhere in this section.
Policy reference: SS Guide 3.1.5.20 General information about bereavement payments
Bereavement payment & care recipients
The following table explains the provisions (continuation of CP and LBP) when an adult care receiver dies:
| If the care receiver … | then … |
|---|---|
| had a partner who was also receiving income support |
|
| had a partner who was NOT receiving income support |
|
| did not have a partner | the CP recipient continues to receive payment throughout the bereavement period and may also receive a LBP. The rate payable throughout the bereavement period depends upon the CP recipient's actual circumstances. |
| is a lower ADAT (1.1.A.78) score adult with a dependent child who has a disability if aged over 6 years, and the child dies | the carer's ongoing qualification in respect of the adult should first be established. If the carer is no longer qualified then the CP recipient continues to receive payment throughout the bereavement period and may also receive a LBP. The rate payable throughout the bereavement period depends upon the CP recipient's actual circumstances. |
The following table explains the provisions when a child care receiver dies:
| If the care receiver … | then … |
|---|---|
|
the CP recipient continues to receive payment throughout the bereavement period and may also receive a LBP. The rate payable throughout the bereavement period depends upon the CP recipient's actual circumstances. |
| was one of 2 or more children with disabilities (1.1.T.190) | the carer's ongoing qualification needs to be established. The carer may still qualify for CP on the level of care provided to the surviving child with a disability. If the carer is still qualified then the bereavement provisions do not apply. If the carer is no longer qualified then the rules for a child with a profound disability apply. |
Death of care receiver permanently institutionalised
If a care receiver (who is NOT the carer's partner) is permanently institutionalised (3.6.4.150) the carer ceases to qualify for CP. However, CP continues to be payable for 14 weeks from the date of admission to the institution.
Exception: CP recipients who transferred from WP to CP on 20 March 2020 only qualify for CP while they are in continuous receipt of CA. Where CA is cancelled as a result of the care receiver being institutionalised, CP is immediately cancelled for this group of recipients.
If the care receiver dies during the 14-week period following admission, the adjustment period ceases on the date of death of the care receiver and bereavement may begin provided all criteria are met for a bereavement payment for CP recipients whose partner dies to a total of 14 weeks.
Note: Bereavement provisions for CP recipients whose partner dies do not require the CP recipient to be 'eligible' for CP at the time of their partner's death, but must be 'receiving' CP at the time of death.
Act reference: SSAct section 237 Qualification for payments under this Subdivision, section 198AAA Continuation of qualification when person receiving care admitted to institution, 198AD Qualification—WP and CA recipient
Death of more than one care receiver
Where more than one care receiver dies at the same time the carer may only receive one LBP.
The following table explains the provisions where more than one care receiver dies:
| If the care receivers are … | then … |
|---|---|
| 2 or more children with a disability (1.1.T.190) | the rate payable throughout the bereavement period depends upon the CP recipient's actual circumstances. The LBP is the same as for an unpartnered adult care receiver. |
| a lower ADAT score adult and a dependant child AND the carer is the adult's partner | a calculation must be done to work out the bereavement assistance payable to the carer as
The bereavement provisions which are most beneficial to the CP recipient apply. |
| a lower ADAT score adult and dependant child, where the carer is NOT the adult's partner | the rate payable throughout the bereavement period depends upon the CP recipient's actual circumstances. The LBP is the same as for an unpartnered care receiver. |
Death during period of hospitalisation or temporary cessation of care
Where a carer is qualified for CP under the hospitalisation provisions, or continues to be qualified under the temporary cessation of care provisions, the bereavement provisions for CP still apply if the care receiver dies during this period.
Death of carer & care receiver on the same day
Where the carer and the care receiver who are NOT members of a couple die on the same day, the care receiver is deemed to have died first. The beneficiary of the carer or the executor of their estate may be eligible for a continuation of CP for the 14 week bereavement period, and/or a LBP, subject to the carer’s relationship to the care receiver (single, parent, partnered to another person, etc) and the payment status of the care receiver.
Policy reference: SS Guide 3.1.5.40 Both members of couple die during bereavement period
Calculation of LBP for carer
If the LBP is paid to a carer who is not the care receiver's partner, it is calculated differently to that of carers who are the care receiver's partner. The lump sum is the lesser of 7 times the:
- partnered rate, OR
- CP instalment payable before the death.
Act reference: SSAct section 236A Lump sum payable in some circumstances, section 236B Subdivision not to apply in certain cases involving simultaneous death, section 235 Continuation of CP for bereavement period where person cared for dies
Policy reference: SS Guide 3.1.5.30 Bereavement payment provisions for couples, 3.1.5.70 The lump sum bereavement payment - member of a couple