The Law Handbook 2024

924 Section 9: Health, wills and other legal issues affecting older people Benefits available Pensioners The Social Security Act 1991 (Cth) (‘ SS Act ’) provides a bereavement benefit to recipients of Commonwealth pensions to assist these pensioners in meeting the extra costs brought about by their death. The benefits established by the SS Act (div 9, ss 21 (where bereavement is defined), 82–91 inclusive: • A surviving pensioner spouse (including a de facto spouse) will receive a temporary supplementary pension of a lump sum being the difference between the amount of the single pension and the amount of the married pension received by the couple for a period of 14 weeks from the death of the spouse (ss 21(2)(a), 146F–146L SS Act). This benefit is payable even if the surviving spouse is not entitled to the single pension in their own right. • A single pensioner’s estate will receive one fortnightly payment of pension to the estate or other person nominated by the Australian Government Department of Social Security. Repatriation allowance The Australian Government Department of Veterans’ Affairs provides a benefit towards the funeral expenses of an ex-serviceman who dies of war-related causes, in the circumstances set out in sections 98 and 99 of the Veterans’ Entitlements Act 1986 (Cth) (‘ VE Act ’). These circumstances are situations where the pensioner dies in an institution, while proceeding to or from an institution, or after being discharged while terminally ill from an institution. In certain circumstances, a grant may also be made towards the funeral expenses of a married serviceman’s widow or child, or an unmarried ex-serviceman’s widowed mother or widowed step- mother (s 100 VE Act). The procedure to follow to make a claim is set out in sections 111–113 of the VE Act. Complaints about funeral services Complaints against funeral directors for unsatis­ factory service can be made to Consumer Affairs Victoria (see ‘Contacts’, below). In the case of overcharging, a claim can be made through the Civil Claims List of the Victorian Civil and Administrative Tribunal where the amount does not exceed $5000 (see ‘Contacts’, below). Contacts Births, Deaths and Marriages Victoria Tel: 1300 369 367 (Monday–Friday, 8 am to 2 pm) Web: www.bdm.vic.gov.au Consumer Affairs Victoria Tel: 1300 558 181 Web: www.consumer.vic.gov.au Coroners Court of Victoria 65 Kavanagh Street, Southbank Vic 3006 Tel: 1300 309 519 Email: courtadmin@coronerscourt.vic.gov.au Web: www.coronerscourt.vic.gov.au Victorian Civil and Administrative Tribunal Tel: 1300 018 228 Email: civil@vcat.vic.gov.au Web: www.vcat.vic.gov.au