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.

3.1.5.98 Death of dependent child under 16 years - JSP & YA recipients

Summary

If a person is receiving JSP or YA (other) as the principal carer (1.1.P.412) of a dependent child and the child dies, the person's rate of payment should be worked out as if the child had not died for 14 weeks from the date of the child's death.

These bereavement provisions only apply if the person is no longer a principal carer because of the child's death.

The effect of these provisions is that, despite the person ceasing to be a principal carer following the child's death, the person continues to be paid at the rate at which they otherwise would have been paid as a principal carer for 14 weeks.

Note: For JSP recipients, this bereavement provision is only relevant to single principal carers because partnered JSP recipients receive the same rate of payment whether they are principal carers or not.

Example: Ming-Lee is a single principal carer on JSP with one dependent child, Xi, aged 10. Immediately prior to Xi's death, Ming-Lee had been home schooling Xi and was receiving a rate of JSP equal to the rate of PPS. Despite the fact that Ming-Lee is no longer a principal carer following Xi's death, she would continue to be paid 14 weeks of JSP at the rate equivalent to the PPS rate she would have received if Xi had not died. At the end of this period, Ming-Lee's rate of payment would be changed to the JSP payment rate for a single person without a dependent child, as long as her circumstances have not changed in the meantime.

The following should be noted during the bereavement period:

If the … then …
recipient loses qualification or payability for JSP or YA (other) during the bereavement period JSP or YA (other) may be cancelled or suspended.
recipient's income changes during the bereavement period the rate of JSP or YA (other) is affected accordingly.
deceased child would have turned 16 during the bereavement period the bereavement period continues to cover a 14-week payment period from the date of the child's death.

Act reference: SSAct section 567G Death of child-continuation of YA rate for 14 weeks, section 660M Death of child-continuation of JSP rate for 14 weeks

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