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Schedule 4—Cessation of bereavement allowance

Schedule 4 Cessation of bereavement allowance

   

Income Tax Assessment Act 1997

1  Section 52-10 (table item 3.1)

Repeal the item.

2  Section 52-15 (table item 1)

Omit:

Bereavement allowance

3  Subsection 52-20(3) (table item 5A)

Omit “paragraph 567(1)(f)”, substitute “subsection 567(1) or section 567FA”.

4  Subsection 52-20(3) (table item 6)

Omit “Subdivision AA of”.

5  Subsection 52-20(3) (table item 6)

Omit “paragraph 660LA(1)(f)”, substitute “subsection 660LA(1) or section 660LH”.

6  Section 52-40 (table item 3)

Repeal the item.

7  Section 52-40 (table item 35)

Omit “Section 567B”, substitute “Sections 567B and 567FA”.

Social Security Act 1991

8  Paragraph 7(4)(d)

Repeal the paragraph.

9  Subsection 23(1) (paragraph (f) of the definition of social security pension )

Repeal the paragraph.

10  Part 2.7

Repeal the Part.

11  Section 501E (heading)

Repeal the heading, substitute:

501E   Parenting Payment Employment Pathway Plans—suspension of plans

12  Section 501E

After “section”, insert “502BA,”.

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).

14  After paragraph 542(c)

Insert:

                    (ca)  the person has a death of partner exemption under section 542EA; or

15  After section 542E

Insert:

542EA   Relief from activity test—death of person’s partner

Claimants

             (1)  If:

                     (a)  a person makes a claim for youth allowance 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 has a death of partner exemption in respect of the period applicable under paragraph (c) or (d).

Recipients

             (2)  If:

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

                     (b)  while the person is receiving youth allowance, 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 youth allowance on the day of the notification;

then the person has a death of partner exemption in respect of the period applicable under paragraph (c) or (d).

16  After paragraph 544A(2)(b)

Insert:

                  (baa)  has a death of partner exemption under section 542EA; or

17  Before paragraph 544E(a)

Insert:

                    (aa)  has a death of partner exemption under section 542EA; or

18  At the end of section 549A

Add:

Exception—death of person’s partner

             (7)  Subsection (1) does not apply to a person if:

                     (a)  the person makes a claim for youth allowance on or after the commencement of this subsection; and

                     (b)  the person makes the claim after the death of the person’s partner on or after the commencement of this subsection; 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.

19  Subsection 549CA(2)

Omit “subsection (3)”, substitute “subsections (3) and (5)”.

20  At the end of section 549CA

Add:

             (5)  Subsection (2) does not apply to a person if:

                     (a)  the person makes a claim for youth allowance on or after the commencement of this subsection; and

                     (b)  the person makes the claim after the death of the person’s partner on or after the commencement of this subsection; 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.

21  At the end of section 553C

Add:

Exemption for death of person’s partner

             (6)  Subsection (2) does not apply to a person if:

                     (a)  the person makes a claim for youth allowance on or after the commencement of this subsection; and

                     (b)  the person makes the claim after the death of the person’s partner on or after the commencement of this subsection; 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.

22  Subdivision A of Division 10 of Part 2.11 (heading)

Repeal the heading, substitute:

Subdivision A Ongoing payments for death of partner

23  Section 567 (heading)

Repeal the heading, substitute:

567   Qualification for payments under this Subdivision

24  Paragraph 567(1)(f)

Omit “Division”, substitute “Subdivision”.

25  Subsection 567(1)

Omit “Division” (last occurring), substitute “Subdivision”.

26  Subsection 567(2)

Omit “Division” (wherever occurring), substitute “Subdivision”.

27  At the end of subsection 567(2)

Add:

Note:          By making such a choice, the person may qualify for a payment under Subdivision AA.

28  Paragraph 567(3)(b)

Omit “Division”, substitute “Subdivision”.

29  Subsection 567(4)

Omit “Division”, substitute “Subdivision”.

30  Section 567A

Omit “Division”, substitute “Subdivision”.

31  Paragraph 567B(a)

Omit “Division”, substitute “Subdivision”.

32  Section 567C

Omit “Division” (wherever occurring), substitute “Subdivision”.

33  Section 567D (heading)

Repeal the heading, substitute:

567D   Effect of death of person entitled to payments under this Subdivision

34  Paragraph 567D(a)

Omit “Division”, substitute “Subdivision”.

35  Section 567E (heading)

Repeal the heading, substitute:

567E   Matters affecting payments under this Subdivision

36  Paragraphs 567E(1)(a), (d) and (e)

Omit “Division”, substitute “Subdivision”.

37  Paragraph 567E(2)(a)

Omit “Division”, substitute “Subdivision”.

38  Section 567F

Omit “Division”, substitute “Subdivision”.

39  After Subdivision A of Division 10 of Part 2.11

Insert:

Subdivision AA One-off payment for death of partner

567FA   Qualification for payment under this Subdivision

                   A person is qualified for a lump sum payment under this Subdivision if:

                     (a)  the person is qualified for youth allowance on a day (the relevant day ); and

                     (b)  youth allowance is payable to the person on the relevant day; and

                     (c)  on or before the relevant day but after the commencement of this section, the person was a member of a couple and stopped being a member of a couple because the person’s partner died; and

                     (d)  the person is not a member of a couple on the relevant day; and

                     (e)  when the person’s partner died, both the person and the person’s partner were Australian residents; and

                      (f)  if the person is a man or a woman who was not pregnant when her partner died—the relevant day occurs in the period of 14 weeks starting on the day of the death of the partner; and

                     (g)  if the person is a woman who was pregnant when her partner died—the relevant day occurs:

                              (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

                     (h)  the relevant day is the day that the person first notifies the Secretary of the person’s partner’s death; and

                      (i)  if the person is qualified for payments under section 567 in respect of the person’s partner’s death—the person has made a choice under subsection 567(2).

567FB   Amount of payment

                   The amount of the payment is worked out using the following formula:

40  Subsection 598(1)

Omit “and (8)”, substitute “, (8) and (8B)”.

41  After subsection 598(8A)

Insert:

          (8B)  Subsection (1) does not apply to a person if:

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

                     (b)  the person makes the claim after the death of the person’s partner on or after the commencement of this subsection; 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.

42  Subsection 601(1) (notes 1 and 2)

Repeal the notes, substitute:

Note 1:       See subsections (2A) and (2B) on what paid work is unsuitable.

Note 2:       This Subdivision and Subdivision BA set out situations in which a person is taken to satisfy, or is not required to satisfy, the activity test.

43  Subsection 601(5) (note)

Repeal the note.

44  After section 602A

Insert:

602AA   Relief from activity test—death of person’s partner

Claimants

             (1)  If:

                     (a)  a person makes a claim for jobseeker 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 not required to satisfy the activity test in respect of the period applicable under paragraph (c) or (d).

Recipients

             (2)  If:

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

                     (b)  while the person is receiving jobseeker 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 jobseeker payment on the day of the notification;

then the person is not required to satisfy the activity test in respect of the period applicable under paragraph (c) or (d).

45  Subsection 605(2C)

After “section”, insert “602AA,”.

46  Section 607C (heading)

Omit “ in cases of domestic violence etc. ”.

47  Section 607C

After “section”, insert “602AA,”.

48  Subsection 620(1)

Omit “subsection (2)”, substitute “subsections (2) and (4)”.

49  At the end of section 620

Add:

             (4)  Subsection (1) does not apply to a person if:

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

                     (b)  the person makes the claim after the death of the person’s partner on or after the commencement of this subsection; 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.

50  At the end of section 633

Add:

             (6)  Subsection (2) does not apply to a person if:

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

                     (b)  the person makes the claim after the death of the person’s partner on or after the commencement of this subsection; 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.

51  Subdivision AA of Division 9 of Part 2.12 (heading)

Repeal the heading, substitute:

Subdivision AA Ongoing payments for death of partner

52  At the end of subsection 660LA(2)

Add:

Note:          By making such an election, the person may qualify for a payment under Subdivision A.

53  Section 660LG

Omit “Division”, substitute “Subdivision”.

54  After Subdivision AA of Division 9 of Part 2.12

Insert:

Subdivision A One-off payment for death of partner

660LH   Qualification for payment under this Subdivision

                   A person is qualified for a lump sum payment under this Subdivision if:

                     (a)  the person is qualified for jobseeker payment on a day (the relevant day ); and

                     (b)  jobseeker payment is payable to the person on the relevant day; and

                     (c)  on or before the relevant day but after the commencement of this section, the person was a member of a couple and stopped being a member of a couple because the person’s partner died; and

                     (d)  the person is not a member of a couple on the relevant day; and

                     (e)  when the person’s partner died, both the person and the person’s partner were Australian residents; and

                      (f)  if the person is a man or a woman who was not pregnant when her partner died—the relevant day occurs in the period of 14 weeks starting on the day of the death of the partner; and

                     (g)  if the person is a woman who was pregnant when her partner died—the relevant day occurs:

                              (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

                     (h)  the relevant day is the day that the person first notifies the Secretary of the person’s partner’s death; and

                      (i)  if the person is qualified for payments under section 660LA in respect of the person’s partner’s death—the person has made an election under subsection 660LA(2).

660LI   Amount of payment

                   The amount of the payment is worked out using the following formula:

55  After section 731D

Insert:

731DAA   Relief from activity test—death of person’s partner

Claimants

             (1)  If:

                     (a)  a person makes a claim for special benefit 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 not required to satisfy the activity test in respect of the period applicable under paragraph (c) or (d).

Recipients

             (2)  If:

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

                     (b)  while the person is receiving special benefit, 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 special benefit on the day of the notification;

then the person is not required to satisfy the activity test in respect of the period applicable under paragraph (c) or (d).

56  Subsection 731L(3)

After “section”, insert “731DAA,”.

57  Section 731R (heading)

Repeal the heading, substitute:

731R   Special Benefit Employment Pathway Plans—suspension of plans

58  Section 731R

After “section”, insert “731DAA,”.

59  Subparagraph 1061T(1)(a)(ii)

Omit “or a bereavement allowance”.

60  Subparagraph 1067F(1)(d)(viii)

Repeal the subparagraph.

61  After point 1067G-H12

Insert:

Exception to points 1067G-H11 and 1067G-H12

1067G-H12A   Point 1067G-H11 or 1067G-H12 does not apply in relation to a person’s entitlement referred to in paragraph 1067G-H11(c) or in relation to a person’s termination payment referred to in paragraph 1067G-H12(b) if:

                     (a)  the person makes a claim for youth allowance on or after the commencement of this point; and

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

                     (e)  the entitlement referred to in paragraph 1067G-H11(c) arose, or the termination payment referred to in paragraph 1067G-H12(b) was paid, in the period applicable under paragraph (c) or (d) of this point.

62  Section 1067G (table item 5 in Module L of the Youth Allowance Rate Calculator)

Repeal the item.

63  Subparagraph 1067K(1)(d)(vii)

Repeal the subparagraph.

64  After point 1068-G7AH

Insert:

Exception to points 1068-G7AG and 1068-G7AH

1068-G7AI Point 1068-G7AG or 1068-G7AH does not apply in relation to a person’s entitlement referred to in paragraph 1068-G7AG(c) or in relation to a person’s termination payment referred to in paragraph 1068-G7AH(b) if:

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

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

                     (e)  the entitlement referred to in paragraph 1068-G7AG(c) arose, or the termination payment referred to in paragraph 1068-G7AH(b) was paid, in the period applicable under paragraph (c) or (d) of this point.

65  Subparagraph 1133(1)(a)(iii)

Omit “payment; or”, substitute “payment; and”.

66  Subparagraph 1133(1)(a)(vi)

Repeal the subparagraph.

67  Paragraph 1133(1)(b)

Omit “or allowance”.

68  Section 1134 (heading)

Repeal the heading, substitute:

1134   Effect of participation in pension loans scheme—pension rate

69  Paragraph 1134(1)(e)

Omit “or allowance”.

70  Subsection 1134(2)

Omit “or allowance”.

71  Subsection 1135(1)

Omit “or allowance”.

72  Subsection 1135(3) (method statement, steps 1 and 3)

Omit “or allowance”.

73  Paragraph 1136(1A)(c)

Omit “or allowance”.

74  Section 1137 (heading)

Repeal the heading, substitute:

1137   Need for a request to later nominate or change guaranteed amount or rate of pension

75  Paragraphs 1137(1)(b) and (d)

Omit “or allowance”.

76  Section 1141

Omit “or allowance”.

77  Subsection 1142(1)

Omit “or allowance”.

78  Subparagraph 1187(1)(a)(v)

Repeal the subparagraph.

79  Subparagraph 1188C(1)(a)(vi)

Repeal the subparagraph.

80  Subsection 1188C(5) (table items 8 and 9)

Repeal the items.

81  Subparagraph 1188D(2)(a)(vi)

Repeal the subparagraph.

82  Subparagraph 1188F(2)(b)(vi)

Repeal the subparagraph.

83  Section 1217 (table item 7)

Repeal the item.

84  Subparagraph 1220(1)(d)(ii)

Omit “or”, substitute “and”.

85  Subparagraph 1220(1)(d)(iii)

Repeal the subparagraph.

86  Paragraph 1220(1)(e)

Omit “or allowance” (first occurring).

87  Paragraph 1220(1)(e)

Omit “or allowance, as the case may be”.

88  Subsection 1220(1)

Omit “or allowance” (last occurring).

89  Subparagraph 1220(2)(d)(ii)

Omit “or”, substitute “and”.

90  Subparagraph 1220(2)(d)(iii)

Repeal the subparagraph.

91  Paragraph 1220(2)(e)

Omit “or allowance” (first occurring).

92  Paragraph 1220(2)(e)

Omit “or allowance, as the case may be”.

93  Subsection 1220(2)

Omit “or allowance” (last occurring).

94  Subparagraph 146(1)(a)(v) of Schedule 1A

Repeal the subparagraph.

Social Security (Administration) Act 1999

95  Paragraph 52(1)(b)

Repeal the paragraph.

96  Paragraph 66(1)(b)

Repeal the paragraph.

97  Subsection 124PD(1) (subparagraph (b)(ii) of the definition of trigger payment )

Repeal the subparagraph.

98  Subclause 1(1) of Schedule 1 (paragraph (e) of the definition of social security bereavement payment )

Repeal the paragraph.

99  Subclause 1(1) of Schedule 1 (paragraph (h) of the definition of social security bereavement payment )

After “Subdivision A”, insert “or AA”.

100  Subclause 1(1) of Schedule 1 (paragraph (j) of the definition of social security bereavement payment )

After “Subdivision AA”, insert “or A”.

Social Security (International Agreements) Act 1999

101  Section 21 (heading)

Omit “ , bereavement allowance ”.

102  Paragraph 21(a)

Omit “, bereavement allowance”.

103  Paragraph 21(b)

Omit “or allowance”.

Veterans’ Entitlements Act 1986

104  Subsection 118ND(4) (paragraph (e) of the definition of bereavement payment provisions )

Repeal the paragraph.

105  Saving provisions—bereavement allowance

(1)       If, immediately before the commencement of this item, a person was receiving bereavement allowance under Part 2.7 of the Social Security Act 1991 in relation to the death of the person’s partner, then the Social Security Act 1991 and the Social Security (Administration) Act 1999 , as in force immediately before that commencement, continue to apply on and after that commencement in relation to that bereavement allowance.

(2)       If, before the commencement of this item, a person qualified for a bereavement allowance under section 315 of the Social Security Act 1991 , then the Social Security Act 1991 and the Social Security (Administration) Act 1999 , as in force immediately before that commencement, continue to apply on and after that commencement in relation to that qualification.

106  Saving provision— Income Tax Assessment Act 1997

Despite the amendments made by this Schedule, item 3.1 of the table in section 52-10 and section 52-15 of the Income Tax Assessment Act 1997 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a payment of bereavement allowance under Part 2.7 of the Social Security Act 1991 before, on or after that commencement.

107  Saving and transitional provisions— Social Security Act 1991

(1)       Despite the amendments made by this Schedule, subsection 7(4) of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out whether a person is an Australian resident for the purposes of Part 2.7 of that Act in relation to days before, on or after that commencement.

(2)       Despite the amendments made by this Schedule, subparagraph 1061T(1)(a)(ii) of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out qualification for utilities allowance in relation to days before, on or after that commencement.

(3)       Despite the amendments made by this Schedule, subparagraphs 1067F(1)(d)(viii) and 1067K(1)(d)(vii) of the Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out if a person is a long term income support student at a time before, on or after that commencement.

(4)       Despite the amendments made by this Schedule, table item 5 in Module L of the Youth Allowance Rate Calculator in section 1067G of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to:

                     (a)  working out if a person is a family member in relation to another person for the purposes of Part 2.11 of that Act and that Rate Calculator in relation to days before, on or after that commencement; or

                     (b)  working out if a person is exempt from the parental income test for the purposes of that Rate Calculator in relation to days before, on or after that commencement.

(5)       Paragraph 1070(b) of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out qualification for, or the rate of, rent assistance in relation to bereavement allowance for days occurring before, on or after that commencement.

(6)       If, before the commencement of this item a person had made a request under section 1136 of the Social Security Act 1991 in relation to bereavement allowance but the request had not been decided before that commencement, then the request is taken to have been refused.

(7)       Despite the amendments made by this Schedule, Division 4 of Part 3.12 of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of bereavement allowance made before, on or after that commencement.

(8)       Despite the amendments made by this Schedule, subparagraph 1187(1)(a)(v) of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to bereavement allowance payable to a person in respect of days occurring before, on or after that commencement.

(9)       Despite the amendments made by this Schedule, Divisions 2 and 3 of Part 3.15A of the Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to bereavement allowance payable to a person in respect of days occurring before, on or after that commencement.

(10)     Despite the amendments made by this Schedule, Chapter 5 of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of bereavement allowance made before, on or after that commencement.

108  Saving provisions— Social Security (Administration) Act 1999

(1)       Despite the amendments made by this Schedule, Part 3 of the Social Security (Administration) Act 1999 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to the following:

                     (a)  the making of claims for bereavement allowance, where a person qualified for bereavement allowance before that commencement;

                     (b)  making a payment of bereavement allowance;

                     (c)  a determination or requirement made under that Part before that commencement, or the making of a determination or requirement under that Part on or after that commencement, in relation to bereavement allowance.

(2)       Despite the amendments made by this Schedule, Parts 3B and 3D of the Social Security (Administration) Act 1999 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a payment of bereavement allowance, or of a social security bereavement payment in relation to bereavement allowance, made before, on or after that commencement.

(3)       Despite the amendments made by this Schedule, Parts 4 and 4A of the Social Security (Administration) Act 1999 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a decision under the social security law, in relation to bereavement allowance, made before, on or after that commencement.

109  Saving provision— Social Security (International Agreements) Act 1999

Despite the amendments made by this Schedule, section 21 of the Social Security (International Agreements) Act 1999 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out the rate of bereavement allowance in respect of days occurring before, on or after that commencement.

110  Saving provision— Veterans’ Entitlements Act 1986

Despite the amendments made by this Schedule, sections 118ND and 118NE of the Veterans’ Entitlements Act 1986 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out the rate of bereavement allowance in respect of days occurring before, on or after that commencement.