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If the deceased person was a single pensioner, the final payment covers the full entitlement period in which the person died.
Act reference: SSAct Chapter 2 Pensions, benefits and allowances, section 91 Death of a recipient (Age), section 146Q Death of a recipient (DSP), section 246 Death of a recipient (CP), section 359 Death of a recipient (BVA), section 407 Death of a recipient (WidB), section 513 Death of recipient (PP), section 992M Death of recipient (CA), section 1034A Death of recipient (DOP)
Policy reference: SS Guide 3.1.5 Bereavement Payment Provisions, 3.1.5.20 General Provisions for Bereavement Payments
The final instalment is usually credited to the deceased's account, which can then be accessed by the executor of their estate.
Explanation: The payment to the estate is usually achieved by not seeking recovery of the payment issued immediately after the death. The executor of the deceased's estate can usually access this.
In some cases it may be appropriate to make payment directly to the estate.
Examples: If the:
The final instalment can also be paid directly to the person responsible for finalising the deceased's estate, if:
Payment can be made immediately, even before the next payday.
If the instalment after the date of death has not been paid or has been returned, the public trustee should be paid that amount upon request.
Explanation: The public trustee routinely writes to the Department about particular pensioners, enquiring whether:
The bereavement provisions in the Social Security Act 1991 provide that if a payment is made to an appropriate person following the death of a single pensioner, the Commonwealth is not liable to any action, claim or demand for any further payment.
The Department's responsibility under the Social Security Act 1991 has been fulfilled if a person who has had at least some responsibility for the deceased's estate has received the payment. It does not matter whether this was the public trustee or some other person.
Explanation: This means that once the payment has been made, the Department is not expected to adjudicate between competing claims about who should have received the payment.
A community as a whole, or family members, may accept responsibility for finalising the deceased's affairs, instead of appointing an executor. They may also arrange the funeral. In this case, the payment should be made to the individual or group responsible for finalising the deceased's affairs.
Example: This occurs in some Aboriginal and Torres Strait Islander communities.
The Social Security (Administration) Act 1999 provides that a determination that a social security pension is payable to a person continues in effect until the end of the day immediately before the day on which the person dies.
The Social Security Act 1991 allows the Secretary, or his delegate, to pay an amount that would have been payable to the person who died for a period between 1 and 14 days after the person's death (depending on the date of death and the person's payday).
If a person is required to notify of the death of a person and that person complies with their notification requirement but notifies 14 days after the event outside of the scope of SSAct 91(1), but within 28 days of the event occurring (SS(Admin)Act 72(6)) a debt will arise for this period. This is because the notification provisions do not override the operation of SS(Admin)Act 123(1)(e).
Act reference: SS(Admin)Act section 123(1)(e) Continuing effect of determinations, section 68 Person receiving social security payment or holding concession card, section 72 Provisions relating to notice
Where a single person who is receiving a social security pension or benefit and a DFISA payment dies and a bereavement payment is payable, the bereavement payment will be made up of the sum of the following 2 payments for the entitlement period in which the person died:
In some circumstances DVA will deliver part of the bereavement payment and may recover overpayments of DFISA from that payment. However, the total bereavement payment (paid by both departments) remains a social security payment.
Act reference: Veterans' Entitlements Act 1986, refer to s118ND-'bereavement payments under the SSAct'
Policy reference: SS Guide 4.3.5.73 DVA DFISA & Bereavement Payments
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Last reviewed: 2 August 2010
