156CRecoverable death payments

156C  Recoverable death payments

 (1) If, apart from this subsection, the Commonwealth does not have power, under this Act or the superseded Act, to pay an amount (the relevant amount) in any of the following circumstances:

 (d) on the last day on which changes could reasonably be made to the payment of the relevant amount, the Chief Executive Officer of ComSuper did not know that the deceased person had died; and

 (e) apart from this subsection, the relevant amount would have been payable as a benefit to the deceased person if the deceased person had not died.

 (2) If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person’s estate.

 (3) The amount of a benefit under subsection (1):

 (a) is a debt due to the Commonwealth by the legal personal representative of the first person; and

 (b) may be recovered by the Chief Executive Officer of ComSuper, on behalf of the Commonwealth, in a court of competent jurisdiction.

 (4) Subsection 112(2) does not apply to a payment under subsection (1) of this section if the payment relates to a pension or other money payable under the superseded Act.

 (5) For the purposes of section 134 of the superseded Act, if a payment under subsection (1) of this section relates to a pension or other money payable under the superseded Act, the payment is taken to be an amount of pension or other money payable under the superseded Act.

 (6) For the purposes of paragraph (1)(e), benefit includes pension or other money payable under the superseded Act.