38What happens if an individual eligible for stillborn baby payment dies

#### 38 What happens if an individual eligible for stillborn baby payment dies If: (a) an individual is eligible for a stillborn baby payment (the subject payment) in respect of a child; and (b) the individual dies; and (c) before the individual died, the subject payment had not been paid to the individual (whether or not a claim had been made under Part 3 of the Family Assistance Administration Act); and (d) another individual makes a claim under that Part for payment of a stillborn baby payment because of the death of the first‑mentioned individual, stating that he or she wishes to become eligible for the subject payment; and (e) the claim is made: (i) within 52 weeks after the death; or (ii) within a further period allowed by the Secretary in special circumstances; and (f) the Secretary considers that the other individual ought to be eligible for the subject payment; the other individual is eligible for the subject payment. No‑one else is, or can become, eligible for or entitled to be paid that payment.