4Competing claims for spouses’ or de facto partners’ benefits

4 Competing claims for spouses’ or de facto partners’ benefits

4 Competing claims for spouses’ or de facto partners’ benefits

(1) This section applies to a superannuation allowance under this Act which is payable to the spouse or de facto partner of a prescribed person (within the meaning of section 3) who has died.

(2) If a superannuation allowance would be payable to more than one person because a prescribed person, who has died, has left more than one spouse or de facto partner, then, despite any other provision of this Act:

(a) the allowance is payable in accordance with a determination made by STC, and not otherwise, and

(b) the total amount of allowance payable to those persons at any time is not to exceed the amount of allowance or gratuity that would be payable if there were only one spouse or de facto partner.

(3) For the purposes of subsection (2) (a), STC may determine in relation to a superannuation allowance:

(a) that the allowance is not payable to such of the persons concerned as it specifies, or

(b) that the amount of the allowance is to be apportioned between the persons concerned in such manner as it specifies.

(4) STC may withhold the payment of any part of a superannuation allowance:

(a) until 30 days after the death of the prescribed person in respect of which the allowance is payable, or

(b) if an application has been made for the allowance by more than one person, until it is satisfied that only one of those persons is entitled to the allowance or until a determination is made in relation to the matter by STC under this section.

(5) If, after 30 days from the death of a prescribed person, a superannuation allowance is paid in respect of any period to the spouse or de facto partner of the prescribed person, a superannuation allowance is not payable to any other spouse or de facto partner of the prescribed person in respect of that period.

(6) For the purposes of subsection (5), an amount paid in good faith by STC to a person purporting to be the spouse or de facto partner of a prescribed person is taken to have been paid to the spouse or de facto partner of the prescribed person.

(7) If, after 30 days from the death of a prescribed person, any amount is paid under this Act to the person’s personal representatives or to such other persons as STC may determine, any superannuation allowance which is payable to the spouse or de facto partner of the prescribed person is to be reduced by the amount so paid.