Part 6Miscellaneous

Part 6—Miscellaneous 73A—Medical information for invalidity and terminal illness benefits (1) For the purposes of assessing whether or not a person is suffering from a terminal illness, the Board may require the person to submit himself or herself for a medical examination by a medical practitioner nominated by the Board. (2) The cost of— (a) a report obtained from a medical practitioner at the request of the Board for the purposes of determining whether a person is suffering from a terminal illness; or (b) a medical examination to which a person is required to submit under subregulation (1), is to be borne by the Board. (3) The Board may require a person seeking benefits on account of invalidity, or a disability pension, to provide evidence of his or her incapacity and, for that purpose, may require the person to submit himself or herself for a medical examination by 1 or more medical practitioners nominated by the Board. (4) The cost of any medical examination to which a member is required to submit for the purposes of subregulation (3) is to be borne by the Board. 74—Division of benefit where deceased member or spouse member is survived by lawful and putative spouse (1) If a deceased member or spouse member is survived by a lawful spouse and a putative spouse, any benefit to which a surviving spouse is entitled under the Act or these regulations will be divided between them in a ratio determined by reference to the relative length of the periods for which each of them cohabited with the deceased as his or her spouse. (2) If a number of periods of cohabitation are to be aggregated for the purpose of determining an aggregate period of cohabitation for the purpose of subregulation (1), any separate period of cohabitation of less than 3 months will be disregarded. (3) A surviving spouse must, at the request of the Board, furnish it with any information that it requires for the purposes of making a division under subregulation (1). (4) A putative spouse is not entitled to any benefit under this regulation, unless the deceased member or spouse member and that spouse were putative spouses as at the date of the death of the member or spouse member. (5) If— (a) a deceased member or spouse member is survived by a lawful and a putative spouse; and (b) a benefit is paid to 1 of them on the assumption that he or she is the sole surviving spouse of the deceased, the other spouse has no claim on the benefit insofar as it has been already paid unless that spouse gave the Board notice of his or her claim before the date of payment. 75—Payment in case of death (1) Subject to subregulation (2), if a person to whom a payment is to be made under the Act or these regulations dies, the Board may, in its discretion, make the payment to— (a) the personal representative of the deceased; or (b) the spouse of the deceased; or (c) the children of the deceased. (2) The Board may use the amount payable, or such part of it as is required, to pay the funeral expenses of the person who has died or to reimburse a person who has paid those expenses. 76—Liabilities may be set off against benefits (1) A liability of a member or spouse member arising under the Act or these regulations (including a liability of a kind referred to in section 21B(5)(c) or 21D(2)(b) of the Act) may be set off against a payment that is to be made to, on behalf of, or in respect of the member or spouse member under the Act or these regulations. (2) An amount overpaid to a person under the Act or these regulations is a debt due to the Treasurer and constitutes a liability of the person for the purposes of subregulation (1). 77—Annuities (1) The Board may, with the Minister's approval, provide annuities on terms and conditions fixed by the Board. (2) The Board can only undertake to provide an annuity to a person who is, or has been— (a) a member of the Triple S scheme or some other scheme of superannuation established by an Act; or (b) a member of some other scheme of superannuation established for the benefit of employees of an agency or instrumentality of the Crown. 78—Information to be given to certain members (1) The Board must provide members of the scheme (other than members who have made a fund selection) who do not contribute or who are not entitled to additional invalidity/death insurance with information as to the benefits of contributing or applying for additional invalidity/death insurance. (2) When a person becomes a member of the Triple S scheme by virtue of regulation 9(5), (5a), (5b) or (7), the Board must advise the person in writing of his or her membership of the scheme and provide the person with information as to the management and investment of his or her payments and the benefits to which he or she is entitled under the Act. 79—Inactive low balance and lost member accounts (1) If an amount of the Fund is attributable to a lost member account or an inactive low balance account of a member or spouse member, the Treasurer may, in accordance with any relevant law of the Commonwealth and subject to subregulation (2), pay an amount equal to the residual balance of the lost member account or inactive low balance account to the Commissioner of Taxation. (2) The Board may determine that an amount of the Fund attributable to a lost member account or an inactive low balance account of a particular class or kind, or in respect of a particular member or class of member, that would be otherwise payable under subregulation (1), is not to be paid in accordance with that subregulation. (3) If a payment is made under subregulation (1), the Treasurer must reimburse the Consolidated Account (or, if the payment was made from a special deposit account, that account) by charging the Fund with an amount equal to the residual balance of the lost member account or inactive low balance account (as the case requires). (4) The Board must then close the inactive low balance or lost member accounts (as the case requires) maintained by the Board in the name of the member or spouse member, after which— (a) if the Board maintains no other accounts in the name of the member or spouse member— (i) they will cease to be a member or spouse member; and (ii) any rights in relation to superannuation under the Act will be taken to have been exhausted and no derivative rights will exist in relation to the member or spouse member under the Act; or (b) in any other case—any rights in relation to superannuation in respect of an account to which this regulation applies will be taken to have been exhausted. (5) In this regulation— inactive low balance account and lost member account have the same respective meanings as in the Superannuation (Unclaimed Money and Lost Members) Act 1999 of the Commonwealth. 80—Voluntary payments by Board to Commissioner of Taxation (1) The Treasurer may, on behalf of a member, spouse member or former member, pay an amount equal to the balance of an account maintained by the Board for the member, former member or spouse member to the Commissioner of Taxation if— (a) the Board has determined that payment of the amount to the Commissioner is in the best interests of the member, spouse member or former member; and (b) the payment is permitted under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999 of the Commonwealth. (2) If a payment is made under subregulation (1), the Treasurer must reimburse the Consolidated Account (or, if the payment was made from a special deposit account, that account) by charging the Fund with an amount equal to the amount of the payment. (3) The Board must then close the account in respect of which the payment was made, after which— (a) if the Board maintains no other account in the name of the member, former member or spouse member— (i) their membership or spouse membership of the scheme will cease (if it hasn't already done so); and (ii) any rights in relation to superannuation under the Act will be taken to have been exhausted and no derivative rights will exist in relation to the member or spouse member under the Act; and (b) in any other case—any rights in relation to superannuation in respect of the account will be taken to have been exhausted.