62AProvisional surviving partner pension

62A Provisional surviving partner pension

[Regulation 62A Inserted by S.R. 2022, No. 11, Applied:31 Mar 2022]

(1)  A person is entitled to a pension calculated in accordance with regulation 62(2) if the Commission, on the basis of information before the Commission and any further information provided to the Commission in accordance with a requirement under subregulation (6) , is satisfied that –

(a) the person was, at the date of a pensioner’s death, the spouse of the pensioner and the pensioner was, at the date of the pensioner’s death, in receipt of a pension calculated as referred to in regulation 62(1) (a), (b), (c) or (d); and

(b) the person is reasonably likely to meet the requirements of regulation 109 for the person to be determined to be the surviving partner of the pensioner.

(2)  The pension payable under subregulation (1) to a person who was, at the date of a pensioner’s death, the spouse of the pensioner is payable from the day after the date of death of the pensioner until the earlier of the following:

(a) the day on which a pension becomes payable to the person under regulation 62 ;

(b) the day on which the Commission makes a determination under subregulation (3) that the pension is to cease to be payable to the person.

(3)  The Commission may determine that a pension payable under subregulation (1) to a person who was, at the date of a pensioner’s death, the spouse of the pensioner is to cease to be payable to the person because the person is not likely to meet the requirements of regulation 109 for the person to be determined to be the surviving partner of the pensioner.

(4)  The Commission must provide, to a person to whom a determination under subregulation (3) relates, reasons for the making of the determination.

(5)  A pension payable to a person under subregulation (1) is subject to indexation as provided by .