Social Security Act 1964

  • not the latest version
  • This version was replaced on 8 February 2017 to make corrections to sections 3(1), 11, 11A(4), 61CF(2)(e), 61EA(2), 71A(4), 72(b), 74(1)(d), 86(2), 104A, 120(3), and Schedules 4, 18, 27, and 28 under section 25(1)(f), (i), (j)(ii), (iii), (iv), and (k) of the Legislation Act 2012.
61DB Payment of funeral grants where there is a surviving spouse or partner or children

If a person, other than a child, dies and the deceased person is survived by—

(a)

a spouse or partner; or

(b)

a child or children whom he or she is liable in law to maintain; or

(c)

any other dependent child or dependent children (whether dependent on the deceased or any other person) aged 16 years or 17 years of whom the deceased person was the parent—

the chief executive may, in the chief executive’s discretion, pay a funeral grant not exceeding $2,008.76 to meet the deceased person’s reasonable funeral expenses if—

(d)

those funeral expenses cannot be paid from the aggregate of—

(i)

the deceased’s assessable estate before the payment of any other debts; and

(ii)

the assets of any spouse or partner who survives the deceased, other than non-assessable assets, in excess of the amount in clause 2 of Part 1 of Schedule 31; and

(e)

the annual income of any spouse or partner who survives the deceased is less than 52 times the appropriate amount in Part 2 of Schedule 31.

Section 61DB: replaced, on 1 August 1991, by section 16(1) of the Social Security Amendment Act (No 2) 1991 (1991 No 78).

Section 61DB heading: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 61DB: amended, on 1 April 2015 (applying in respect of persons who die on or after that date), by clause 3(1) of the Social Security (Rates of Benefits and Allowances) Order 2015 (LI 2015/33).

Section 61DB: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 61DB(a): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 61DB(d)(ii): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 61DB(d)(ii): amended, on 1 April 2005, by section 6(a) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Section 61DB(e): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 61DB(e): amended, on 1 April 2005, by section 6(b) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).