Requests for information after someone has died 099-01030000

The name of a deceased person who is of Aboriginal and/or Torres Strait Islander descent, is generally extremely sensitive information.

Staff must only ask for the Aboriginal and/or Torres Strait Islander deceased person’s name when it is essential for the agency's purposes. In some cases, in Aboriginal and/or Torres Strait Islander communities, it is important that close relatives are not asked to discuss, write down, or see written, the name of the Aboriginal and/or Torres Strait Islander deceased person.

If such information becomes relevant, when a close relative is being interviewed, or asked to complete a form, consent must be requested to collect the information from another source, (for example, community council and/or hospital/clinic records).

See:

• Indigenous naming conventions
• Cultural considerations when someone dies

When a person calls and enters the Customer Reference Number (CRN) for a deceased customer, a message displays in Services Australia Workspace. This alerts the Service Officer to the sensitivity of the call. For more information, see Answering calls in Centrelink.

The caller may be:

• Authorised to make enquiries about the deceased person’s information. They may be the executor or administrator of the estate, with evidence and a request made in writing on the Executor/Administrator Request for information (SS524) form
• Enquiring about what bereavement services are available to them, such as the surviving partner or carer
• Enquiring about the deceased person’s details but does not have authority, such as a family member or friend. Note: staff must not give any details about the deceased person (including whether they were a Services Australia customer), unless the caller has given enough evidence of their authority

Executors/administrators often ask for information after someone has died so they can finalise the deceased person's estate. These requests must be in writing and preferably made using the Executor/Administrator Request for information (SS524) form.

Executors/administrators may ask for details of the deceased person, such as:

• bank account details
• declared income and assets
• if there is any pension or benefit entitlements
• if Services Australia has a claim against the estate, for example a customer with a current Home Equity Access Scheme (HEAS) loan
• if there are outstanding debts or money owing
• a statement of pension or benefit for current/previous financial years

All requests must have proof that the person is the nominated executor/administrator. The will of the deceased person usually identifies the executors.

Note: Services Australia accepts that a Public Trustee or a solicitor is administering an estate when they officially write to the agency and state this.

If a person dies without a will (intestate), the spouse, partner or next of kin should apply to the Probate Office of the Supreme Court for letters of administration. The court will appoint a personal representative (that is, an administrator) to finalise the deceased person's affairs.

This does not apply to small estates (worth less than $10,000). Small estates can be referred to the State or Territory Public Trustees, which have additional powers in dealing with small estates. The Public Trustee verifies their role when they request information for:

• small estates, and
• court appointed administration of deceased estates

Staff must only give information to:

• the executor as named in the will
• the Public Trustee
• a court
• the administrator of the estate
• state and territory government departments assessing burial/funeral assistance

Third party organisations can also access some Centrelink customer information using their Business Hub online account. For more information go to Customer Information Release service.

An executor of the estate or appropriate person can apply for any of the deceased’s payments that the financial institution has returned. See Replacing payment made to a deceased customer where payment was returned from financial institution.

For Centrelink, a Public Interest Release of Information Form must be completed when information is disclosed to a person or authority other than an executor or administrator for this estate.

For information see the Resources page for links to:

• Delegations and Authorisations Register
• Centrelink Services, Delegations and Authorisations
• Child Support Services, Delegations and Authorisations
• Medicare Services, Delegations and Authorisations

Record executor details on the Death and executor information (DEA) screen in Process Direct of the Death/Executor (DEA) screen in Customer First. Record the proof sighted on a DOC before Services Australia can:

• issue arrears
• complete debt recovery action, or
• issue payment summaries

Skilled Service Officers should prepare letters providing information about a deceased person in response to an Executor/Administrator Request for information (SS524) form.

A staff member with the appropriate delegation level must approve and issue these letters. The delegation for:

• Q126 and QTAXCH letters is a staff member at or above APS4 level
• Q999 (free text) sent if more information is needed - a staff member at or above the APS5 level must check Q999 letters before they are issued unless pre-approved text is used

Proof of executor or administrator status is always required before releasing any information or taking a follow-up action to contact or advise the estate on matters such as debts or payments owed.

A copy of the deceased person's will should show if there is an executor and identify them.

Record all relevant information about the executor or administrator (including disputed executor or administrator roles) on a DOC on the deceased person's record.

The below arrangement and orders must not be relied upon as an authority to receive information about the deceased person, including:

• Nominee arrangements
• Guardianship Orders
• Financial Management Orders
• Administrations Orders (issued before death)
• Power of Attorney (POA) cease at the time of death

People who were a nominee or POA do not automatically become the executor or administrator.

A statutory declaration from a person who does not hold an appropriate authority cannot be used as authorisation for access to a deceased person's information. Staff must advise the person to seek advice from a lawyer, Probate Office or a Public Trustee.

Life insurance and superannuation companies can request information to:

• confirm that a deceased person who held a policy or was a member of a fund was not a customer of Services Australia, or
• request contact details for a beneficiary

State and territory government departments that provide burial/funeral assistance may request information about assets held by the deceased person. This information will determine eligibility for funeral assistance.

It is extremely important to action all requests immediately.

Note: do not give a third party any information (including whether the deceased person was a Services Australia customer) unless they have given enough evidence of their authority. See Disclosing information to third parties.

The SS524 form is the preferred method to request Centrelink information from Services Australia about a deceased person. The SS524 form states what Centrelink information can be given, to whom and what proof of executor or administrator status is needed.

Note: when an executor or administrator makes a request by letter, accept and process the request and encourage the executor or administrator to use an SS524 in the future.

The Resources page includes a link to the SS524 form.

If an executor/administrator makes contact after the SS524 has been lodged, uploaded and requested urgent processing and are requesting the SS524 to be completed, see Table 6 on the Process page for the SS524 escalation process.

For requests for Medicare information about a deceased person, see Release of information for Medicare.

For requests for Child Support information about a deceased payer, payee or child, see Deceased Child Support Customer Management.