Social Services Legislation Amendment (Welfare Reform) Act 2018 (26 of 2018)

Schedule 4   Cessation of bereavement allowance

Social Security Act 1991

13   Before section 502C

Insert:

502BA Death of person's partner

Claimants

(1) If:

(a) a person makes a claim for parenting payment on or after the commencement of this section; and

(b) the person makes the claim after the death of the person's partner on or after the commencement of this section; and

(c) if the person is a man or a woman who was not pregnant when her partner died - the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and

(d) if the person is a woman who was pregnant when her partner died - the person makes the claim:

(i) in the period of 14 weeks starting on the day of the death of the partner; or

(ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant;

whichever ends later;

then the person is covered by a participation exemption under this Division in respect of the period applicable under paragraph (c) or (d).

Recipients

(2) If:

(a) a person is receiving parenting payment on or after the commencement of this section; and

(b) while the person is receiving parenting payment, the person's partner dies on or after the commencement of this section; and

(c) if the person is a man or a woman who was not pregnant when her partner died - the person notifies the Secretary of the person's partner's death in the period of 14 weeks starting on the day of the death of the partner; and

(d) if the person is a woman who was pregnant when her partner died - the person notifies the Secretary of the person's partner's death:

(i) in the period of 14 weeks starting on the day of the death of the partner; or

(ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant;

whichever ends later; and

(e) the person is receiving parenting payment on the day of the notification;

then the person is covered by a participation exemption under this Division in respect of the period applicable under paragraph (c) or (d).