Income Tax Assessment Act 1997
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Hide history noteSECTION 52-20 Tax-free amount of an ordinary payment after the death of your partner 52-20(1)
You work out under this section the *tax-free amount of an *ordinary payment made under the Social Security Act 1991 after the death of your partner if:
(a) you do not qualify for payments under a *bereavement Subdivision; and
(b) the ordinary payment became due to you during the bereavement period.
Note:
For the provisions of the Social Security Act 1991 that tell you if you qualify for payments under a bereavement Subdivision: see subsection (3).
52-20(2)
This is how to work out the tax-free amount : Method statement
Step 1.
Work out the *supplementary amount of the payment.
Note: The supplementary amount is also exempt and is worked out under section 52-15.
Step 2.
Subtract the *supplementary amount from the amount of the payment.
Step 3.
Work out what would have been the amount of the payment if your partner had not died.
Step 4.
Work out what would have been the *supplementary amount of the payment if your partner had not died.
Step 5.
Subtract the amount at Step 4 from the amount at Step 3.
Step 6.
Subtract the amount at Step 5 from the amount at Step 2: the result is the tax-free amount .
52-20(3)
This table sets out:
(a) the Subdivisions of the Social Security Act 1991 that are bereavement Subdivisions ; and
(b) the provision of that Act that tells you if you qualify for payments under the relevant bereavement Subdivision.
| Bereavement Subdivisions | ||
| Item | For this bereavement Subdivision: | This provision tells you if you qualify for payments under it: |
| 1 | Subdivision A of Division 9 of Part 2.2 | paragraph 82(1)(e) |
| . | ||
| 2 | Subdivision A of Division 10 of Part 2.3 | paragraph 146F(1)(e) |
| . | ||
| 3 | Subdivision B of Division 9 of Part 2.5 | paragraph 237(1)(e) |
| . | ||
| 4 | (Omitted by No 197 of 1997) | |
| . | ||
| 5 | (Repealed by No 26 of 2018) | |
| . | ||
| 5A | Division 10 of Part 2.11 | subsection 567(1) or section 567FA |
| . | ||
| 5B | Division 10 of Part 2.11A | paragraph 592(1)(f) |
| . | ||
| 6 | Division 9 of Part 2.12 | subsection 660LA(1) or section 660LH |
| . | ||
| 7 | (Repealed by No 107 of 2020) | |
| . | ||
| 8 | (Repealed by No 107 of 2020) | |
| . | ||
| 9 | (Repealed by No 26 of 2018) | |
| . | ||
| 10 | Subdivision AA of Division 9 of Part 2.15 | paragraph 768A(1)(f) |
| . | ||
| 11 | Subdivision A of Division 10 of Part 2.16 | paragraph 822(1)(e) |
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