Death of one member of a pensioner couple 099-02020040

The name of an Aboriginal and/or Torres Strait Islander person who has passed away is generally extremely sensitive information.

Staff must only ask for the name when it is essential for an agency's purposes. Even when this is the case, in many communities it is important that close relatives are not asked to discuss, write down, or see written down, the name of a person who has passed away.

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

See the Resources page of Indigenous naming conventions.

When a person contacts by phone or in person to advise of the death of a customer, they will need to give the customer's full name, date of death and 2 of the following:

• last address in full
• date of birth and age at death
• Customer Reference Number (CRN)
• partner's name

If the person cannot give these details, a Service Officer must confirm the death before the death action is finalised.

If multiple notifications are received about the death of the same person, Service Officers must not create a new activity. Instead, check the record and annotate the original DOC to state details are correct and who advised.

Executor of the estate details must be recorded correctly to allow Services Australia to make appropriate contact, if needed.

Tell the person notifying of the death, that information used for Centrelink, Child Support and Medicare payments and services is transferred within Services Australia (the agency). However, additional contact with one of the agency's programs separately may be needed to update relevant information, depending on individual circumstances.

After a customer dies, Nominee and Power of Attorney (POA):

• arrangements stop
• can no longer get details about the deceased person
• do not automatically become the executor or administrator

A statutory declaration cannot be used as authorisation for access to a deceased person's details. Tell the third party to seek advice from a lawyer, Probate Office or Public Trustee. See Requests for information after someone has died.

If employment income for the period in which the customer passed away:

• is known, this must be recorded before stimulating the payment
• is not known, the payment must still be stimulated

After the payment is stimulated, the customer must be taken off reporting before recording the death action.

The surviving partner of a pension couple is entitled to a Lump Sum Bereavement Payment (LBP) if, at the time of their partner's death, each member of the couple was pensioner for LBP purposes.

If the surviving partner is a Department of Veterans' Affairs (DVA) pensioner, DVA assesses entitlement to the LBP. See Initial contact after the death of a member of a couple and the surviving partner is a DVA recipient.

The calculation of the LBP can vary depending on the customer's circumstances. For example, the couple may have been separated due to illness at date of death.

No lump sum is payable if the new single rate of the surviving partner is more than the previous combined member of a couple rate.

Surviving partners receiving a pension that needs them to be caring for a person will continue to receive payments for the duration of the bereavement period. At the end of this period, the customer must qualify for a payment in their own right to continue receiving income support payments from Services Australia. Carer Payment (CP) (if the deceased partner is the care receiver) is subject to this provision. Pension payments subject to this provision are:

• Carer Payment (CP) - if the deceased partner is the care receiver
• Carer Payment (XWP) - if the deceased partner is the only or last payment level Carer Allowance care receiver

If the surviving partner was receiving CA and an income support payment (other than Carer Payment), they will be entitled to a CA bereavement payment if:

• their partner was the deceased care receiver, and
• their partner was either not getting an income support payment, or was receiving a social security benefit but was not a long term benefit recipient at the time of death

If the deceased customer owned assets under a joint tenancy ownership arrangement, full ownership of the assets legally transfers to the surviving partner. However, for social security purposes, if assets are owned in joint names with the deceased partner, the surviving partner is only assessed as owning 50%.

The system will continue to assess that the surviving partner owns 50% of the asset, until the surviving partner advises of the transfer of assets. If the surviving partner is granted a reversionary income stream, it is to be assessed from the date it is first entitled to be received.

A lump sum arrears payment received by the reversionary beneficiary is assessed as income from the income stream if:

• accrued between the death of the primary beneficiary, and
• when the reversionary beneficiary starts to receive regular payments

This means the income is assessed over the period to which it relates. This may result in a debt for that period.

Effective from 9 May 2018, debts can be waived under the legislative instrument 'Social Security (Waiver of Debts - Bereavement Period) Specification 2017' made under subsection 1237AB(1) of the Social Security Act 1991, where:

• bereavement provisions apply, and
• the assessment of lump sum arrears results in a debt during the bereavement period for the surviving spouse

Note: any debt incurred after the Act's 14 week bereavement period has ended would not be waived under the provisions of this legislative instrument. The legislative instrument is not retrospective. This means that any debts that occur before 9 May 2018 cannot be waived under class of debt waiver provisions.

A review may be needed to check if assets solely owned by the deceased or income paid to the deceased will be transferred to the surviving partner, such as:

• superannuation
• compensation, or
• other payments

If a bereavement review is needed, an Income and Asset Update form (SA220) auto-issues 16 weeks after the date of death. If the surviving partner advises of a change in circumstances before the review, update details immediately.

A Centrelink Bereavement Statement is issued to the surviving pension partner 8 weeks after the death, except if the customer will lose qualification for their payment at the end of the bereavement period (for example Carer Payment if the care receiver was the partner).

If the surviving partner starts work, or is currently working, working credits or the work bonus may enable them to keep some of their income support payment while they are working, see Working credit and Work Bonus and balance for pensioners of Age Pension age.

If their income reduces their fortnightly rate to nil and some of that income is employment income, they may remain current at nil rate for up to 12 fortnights and retain certain benefits. See Employment income nil rate period. Note: if the person's deceased partner was working and had any working credits, these credits cannot be transferred to them.

For Aged Care means assessment purposes, the home is exempt from assessment as an asset, if:

• someone enters residential care and is a homeowner, and
• their partner continues to live in their home

Note: it will continue to be exempt as long as the partner is living in the home.

If the partner living in the home passes away, and there is no other protected person living in the home, it remains an exempt asset for Social Security purposes for 2 years for the Aged Care recipient.

A surviving partner is entitled to keep any instalments paid in the name of the deceased customer during the bereavement period.

If an instalment is returned to Services Australia, any appropriate person is entitled to claim those payments. An appropriate person can be the next of kin, solicitor or executor handling the estate, or the person who has paid or is liable to pay the funeral expenses.

If a payment has been returned from a financial institution, and is recorded on the deceased person's record, the payment can be reissued.

For any instalments paid in the name of the deceased customer after the Bereavement Period has ended, see Requesting refunds and raising debts for deceased customer.