Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 1034A

             (1)  If:

                     (a)  a person is receiving a double orphan pension; and

                     (b)  the person is a member of a couple; and

                     (c)  the person dies; and

                     (d)  the person:

                              (i)  was qualified at the time of the person's death for payments under Subdivision A in relation to the death of a DOP child; or

                             (ii)  would have been so qualified if the person had not died; and

                     (e)  the person's partner claims the payments referred to in paragraph (d) within 3 months after the death of the child;

there is payable to the partner an amount equal to the sum of the following amounts:

                      (f)  the amount of double orphan pension that would have been payable to the person under section 1033 if the person had not died;

                     (g)  any lump sum that would have been payable to the person under section 1034 if the person had not died.

             (2)  If:

                     (a)  a person is receiving a double orphan pension; and

                     (b)  the person is not a member of a couple; and

                     (c)  the person dies; and

                     (d)  the person:

                              (i)  was qualified at the time of the person's death for payments under Subdivision A in relation to the death of a DOP child; or

                             (ii)  would have been so qualified if the person had not died;

there is payable, to such person as the Secretary thinks appropriate, an amount equal to the sum of the following amounts:

                     (e)  the amount of double orphan pension that would have been payable to the person under section 1033 if the person had not died; and

                      (f)  any lump sum that would have been payable to the person under section 1034 if the person had not died.