96ASet off against pension in certain circumstances

#### 96A Set off against pension in certain circumstances (1) Where: (a) the spouse of a deceased pensioner to whom age retirement pension, early retirement pension or invalidity pension (in this section called the primary pension) was payable is entitled to spouse’s benefit in accordance with subsection 94(3), 95(2) or 96(3); and (b) an amount purporting to be an instalment of primary pension payable to the pensioner in respect of a period in respect of which spouse’s benefit is payable in accordance with subsection 94(3), 95(2) or 96(3) is paid into an account with a bank; and (c) the bank pays, out of that account, to the spouse of the deceased pensioner an amount not exceeding the amount so paid into the account; then, in spite of any other law: (d) the bank is not liable to the Commonwealth, the personal representative of the deceased pensioner or anyone else for any loss incurred because of the payment of that amount to the spouse of the pensioner; and (e) an amount equal to the amount so paid by the bank to the spouse of the deceased pensioner must be set off against any amount of spouse’s benefit payable to him or her in accordance with subsection 94(3), 95(2) or 96(3). (2) In this section: > bank has the same meaning as in the Public Governance, Performance and Accountability Act 2013.