Death of a client with a partner or child
Veteran's Pension 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.
Veteran's Pension 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 receiving Unsupported Child's Benefit or Orphan's Benefit
Continuing payments after the date of death is known as a terminal benefit.
When the 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 partner 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 or pension at a higher rate
instead of getting their portion of their current assistance for 28 days.
New benefit paid at a higher rate
If the surviving person's situation 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 their partner's death.
If the deceased person qualified for a terminal benefit, their portion will continue to be paid.
Current benefit paid at a higher rate
If the surviving person's Veteran's Pension or main benefit is reviewed and they qualify for a higher rate, their rate increases from the day after their partner's death.
MSD pays this instead of their portion of 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
The effect the client's death has on the surviving partner's payments will depend on whether the surviving partner:
- qualifies in their own right for Veteran's Pension or
- is included in Veteran's Pension as a grandparented non-qualified partner
If the surviving partner is a grandparented non-qualified partner they will need to apply for a main benefit as they will not qualify for the grandparented non-qualified rate of Veteran's Pension.
If the surviving partner gets a main benefit the rate and type of benefit should be reviewed to check they are getting the correct benefit and rate of payment.
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 the Veteran's Pension payments have continued after the date of death, an overpayment is established and the debt should be recovered from the estate.
Child turns 18
A child will not be excluded from the parent or caregiver's Veteran's Pension when the child turns 18 during the 28-day continuation of payment.
For more information see:
Legislation
- Ending of benefits sections 325-327 Social Security Act 2018
- After death of applicant section 303 Social Security Act 2018
- Discretionary review of entitlement to, or rate of, benefit granted subpart 3 part 6, Social Security Act 2018
- Funeral expenses sections 152-156 Veterans' Support Act 2014
- exception (definition) section 103A Social Security Act 2018
