17ACompeting claims for spouses’ or de facto partners’ benefits

#### 17A Competing claims for spouses’ or de facto partners’ benefits 17A Competing claims for spouses’ or de facto partners’ benefits > > (1) This section applies to a superannuation allowance or gratuity under this Act which is payable to the spouse or de facto partner of a member or former member of the police force who has died. > > > (2) If a superannuation allowance or gratuity would be payable to more than one person because a member or former member of the police force, who has died, has left more than one spouse or de facto partner then, despite any other provision of this Act— > > > > > (a) the allowance or gratuity is payable in accordance with a determination made by STC, and not otherwise, and > > > > > (b) the total amount of allowance or gratuity 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 or gratuity— > > > > > (a) that the allowance or gratuity is not payable to such of the persons concerned as it specifies, or > > > > > (b) that the amount of the allowance or gratuity is to be apportioned between the persons concerned in such manner as it specifies. > > > (4) STC may withhold the payment of the whole or any part of a superannuation allowance or gratuity or, if any such allowance is commuted, withhold the payment of any part of the amount commuted— > > > > > (a) until 30 days after the death of the member or former member in respect of which the allowance or gratuity is payable, or > > > > > (b) if an application has been made for the allowance or gratuity by more than one person, until it is satisfied that only one of those persons is entitled to the allowance or gratuity 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 member or former member, a superannuation allowance or gratuity is paid in respect of any period to a spouse or de facto partner of the member or former member, a superannuation allowance or gratuity is not payable to any other spouse or de facto partner of the member or former member in respect of that period. > > > (6) If, after 30 days from the death of a member or former member, the whole or part of a superannuation allowance is commuted by a spouse or de facto partner of the member or former member— > > > > > (a) a superannuation allowance is not payable to any other spouse or de facto partner of the member or former member if the whole of the allowance is commuted, or > > > > > (b) so much of a superannuation allowance as is equal to the amount of the allowance so commuted is not payable to any other spouse or de facto partner of the member or former member if part of the allowance is commuted. > > > (7) For the purposes of subsections (5) and (6), an amount paid in good faith by STC to a person purporting to be the spouse or de facto partner of a member or former member is taken to have been paid to the spouse or de facto partner of the member or former member. > > > (8) If, after 30 days from the death of a member or former member, any amount is paid under this Act to the member’s personal representatives or to such other persons as STC may determine, any superannuation allowance or gratuity which is payable to the spouse or de facto partner of the member or former member is to be reduced by the amount so paid. > > **s 17A:** Ins 1993 No 111, Sch 2 (10). Am 1996 No 39, Sch 4.