30BCompeting claims for spouses’ or de facto partners’ benefits

#### 30B Competing claims for spouses’ or de facto partners’ benefits 30B Competing claims for spouses’ or de facto partners’ benefits > > (1) This section applies to a benefit (including a pension) under this Act that is payable to the spouse or de facto partner of a deceased person. > > > (2) Where, but for this subsection, a benefit to which this section applies would be payable to more than one person (because a deceased person has left more than one spouse or de facto partner)— > > > > > (a) the benefit is payable in accordance with a determination made by the trustees, and not otherwise, and > > > > > (b) the total amount of benefit payable to those persons at any time must not exceed the amount of a single benefit. > > > (3) For the purposes of subsection (2) (a), the trustees may determine in relation to a benefit to which this section applies— > > > > > (a) that the benefit is payable to such of the persons concerned as the trustees specify, or > > > > > (b) that, subject to subsection (2) (b), the amount of the benefit is to be apportioned between the persons concerned in such manner as the trustees specify. > > > (4) The trustees may withhold the payment of the whole or any part of a pension to which this section applies by reason of the death of a person or, if any such pension is commuted, withhold the payment of the whole or any part of the amount commuted— > > > > > (a) until the expiration of the period of 30 days after the death of the person, or > > > > > (b) if application has been made for the pension by more than one person, until the trustees are satisfied that only one of those persons is entitled to the pension or until a determination is made in relation to the matter by the trustees under this section. > > > (5) If, after the expiration of 30 days following the death of a person, a pension to which this section applies is paid in respect of any period to a spouse or de facto partner of the deceased person, a pension to which this section applies is not payable to any other spouse or de facto partner of the deceased person in respect of that period. > > > (6) If, after the expiration of 30 days following the death of a person, the whole or part of a pension to which this section applies is commuted by a spouse or de facto partner of the deceased person— > > > > > (a) where the whole of the pension is commuted—a pension to which this section applies is not payable to any other spouse or de facto partner of the deceased person, or > > > > > (b) where part of the pension is commuted—so much of a pension to which this section applies as is equal to the amount of the pension so commuted is not payable to any other spouse or de facto partner of the deceased person. > > > (7) For the purposes of subsections (5) and (6), an amount paid in good faith by the trustees to a person purporting to be the spouse or de facto partner of a deceased person is taken to have been paid to such a spouse or de facto partner. > > > (8) If, after the expiration of 30 days following the death of a person, any amount is paid under this Act to the person’s personal representatives or to such other persons as the trustees may determine, any pension to which this section applies that is payable to the spouse or de facto partner of the deceased person is to be reduced, in the prescribed manner, by the amount so paid. > > > (9) For the purposes of subsection (8), the prescribed manner of reducing a pension to which this section applies by a particular amount is— > > > > > (a) the manner prescribed by the regulations, or > > > > > (b) where no manner is prescribed by the regulations, such manner as the trustees determine. > > **s 30B:** Ins 1996 No 92, Sch 1.4 (18).