Death of a client with a partner or child
Supported Living Payment can continue to be paid for 28 days after the death of a client when there is a surviving partner or child, and the surviving partner is not entitled to a survivor's grant from ACC.
Supported Living Payment can also continue to be paid for 28 days after the death of a single client who is a:
- liable person and paying Child Support payments or
- caregiver getting Unsupported Child's Benefit or Orphan's Benefit
Continuing payments after the date of death is known as a terminal benefit.
When terminal benefit is being paid to a couple, both the deceased person and the surviving person's portion of the benefit continues to be paid.
The total benefit, including the surviving person's portion, plus any ongoing extra help continues for 28 days.
Surviving person will get more money on other assistance
Sometimes the surviving partner or the caregiver of the child would get more money (based on their new circumstances) on:
- a new main benefit or
- their existing benefit at a higher rate
instead of getting their portion of their current assistance for 28 days.
New benefit paid at higher rate
If the surviving person's benefit is reviewed and they qualify for a new benefit at a higher rate, they may be granted the new benefit instead of terminal benefit from the day after a client's death.
If the deceased person qualified for a terminal benefit their portion will continue to be paid.
Current benefit at a higher rate
If the surviving person's current benefit is reviewed and they qualify for a higher rate, their benefit rate increases from the day after their partner's death. MSD pays this instead of their portion of the terminal benefit as they will get more money.
If the deceased person qualified for a terminal benefit their portion will continue to be paid.
Changing benefits or the benefit rate
What the surviving person needs to do depends on whether the benefit they were getting before their partner's death was as the primary client or the dependent partner.
Surviving person is entitled to survivor's grant from ACC
When the death of the person was the result of an accident, entitlement to a survivor's grant from ACC needs to be decided before terminal benefit can be paid.
If the surviving person or child is entitled to a survivor's grant from ACC there is no entitlement to terminal benefit.
If Supported Living Payment payments have continued after the date of death, an overpayment is established and the debt should be recovered from the estate.
Funeral costs
The person responsible for the cost of the funeral may also be able to get a Funeral Grant.
Mandatory Reviews
There are no Mandatory Reviews of Supported Living Payment when the client has died.
Child turns 18
A child will not be excluded from the parent or caregiver's Supported Living Payment when the child turns 18 during the 28-day continuation of payment.
For more information see:
- Deciding if surviving person would be better off getting terminal benefit or a new benefit
- Dependent partner dies - ongoing assistance for client
- Client dies - ongoing assistance for surviving partner
- Ongoing assistance for dependent children
- ACC Financial support after a fatal injury
- Terminal benefit payments to surviving partner or person caring for the children
- Terminal benefit rate
- Verification
Legislation
- General limitation on receiving more than 1 benefit section 18 Social Security Act 2018
- Other specified provisions not limited section 310M Social Security Act 2018
- After death of beneficiary section 326 Social Security Act 2018
- Required manner of payment: payment on death of beneficiary section 346 Social Security Act 2018
- Validation of certain payments made after death of beneficiary clause 22 schedule 32, Social Security Act 1964 (as saved by clause 64 schedule 1, Social Security Act 2018)
- exception (definition) section 103A Social Security Act 2018
