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Survivor Dies During Bereavement Period
Last amended 19 July 2005
No amount of lump sum recoverable
If a partnered pensioner bereavement payment has been paid to the partner of a deceased pensioner as a lump sum, and he or she then dies during the bereavement period, no amount of the bereavement payment is recoverable as an overpayment.
Stop amounts not yet paid
If entitlements of bereavement payment relating to the first deceased pensioner, have not been released when the partner dies, any of those entitlements that were to be made on paydays after the death of the partner should be stopped. The payment needs to be recalculated to adjust for the partner's date of death.
Partner dies before partnered pensioner bereavement payment paid
If the partner dies within the bereavement period, but before the partnered pensioner bereavement payment has been paid regarding the first deceased pensioner, then the second partner to die is still eligible to be paid for pension and partnered bereavement payment but only up to and including the day of their death. Then a 14 days entitlement of single pensioner bereavement payment is also payable to the partner's estate.
Simultaneous death of both pensioners
If both members of a couple die at the same time, the elder partner is deemed under law to have died first. The younger partner, who is deemed to have died second, is eligible to be paid a single pensioner bereavement payment. For bereavement purposes, the rate is calculated on the basis that they were a single pensioner at the time of death.
Both members of a couple died on the same day but at different times
If both members of a couple died on the same day, but at different times, the actual time of the death determines the order of death. The partner who died second is eligible to be paid one day of pension and one day of partnered pensioner bereavement payment in respect of the partner who died first. Then a 14 days entitlement of single pensioner bereavement payment is also payable to the estate of the partner who died second.
A person's 'partner' is someone who is a member of a couple with that person.
Bereavement period, as defined in section 53H of VEA, in relation to a person's death, means the period of 98 days starting on the day on which the person died.
A bereavement payment is an amount payable in respect of a deceased pensioner that represents a continuation of the pensioner's entitlement for a period following the death (the bereavement period).
The payment can be made as:
- a lump sum in advance, or
- a continuation of the deceased person's pension instalments, or
- a combination of both, or
- a portion of the rate of pension payable to the surviving member of a couple identified as a separate amount only for taxation purposes.