Commencement criteria

A death benefit can be paid in the form of a pension if the recipient is:

A SIS dependant (see below) who is not a child of the deceased ie includes:

  • a spouse
  • an ‘ordinary meaning’ dependant
  • a person in an interdependency relationship, Or

A child1 who is:

  • less than age 18, or
  • aged 18 – 24 inclusive and was financially dependent on the deceased; or
  • aged 18 or more and has a qualifying disability2

1:   A death benefit pension that is paid to a child must cease when the child reaches age 25, unless the child has a qualifying disability.

2:   A ‘qualifying disability’ is defined in the Disability Act 1986 (section 8) as a disability:

  • attributable to an intellectual, psychiatric, sensory, physical or combination of such impairments;
  • is permanent or likely to be permanent; and results in:
  • a substantially reduced capacity of the person for communication, learning or mobility; and
  • the need for ongoing support services.

      

Tax treatment of death benefit income stream

Age

Tax free component

Taxable component

Element taxed

Untaxed element

Deceased and Dependant less than age 60

Non-assessable non-exempt income

Marginal tax rate* less

15% tax offset

Marginal tax rate*

Deceased or Dependant age 60 or more1

Non-assessable non-exempt income

Marginal tax rate* less

10% tax offset

*    Plus Medicare levy

1:  Payments from death benefit capped defined benefit income streams may be subject to additional tax from 1 July 2017 where the deceased or dependant are age 60 or more.

         

Death benefit income streams – lump sum commutations

Circumstances

Tax treatment

Child death benefit pension commutation (where at least one pension payment has been made)

Non-assessable non-exempt income or can be rolled over to commence a new child death benefit pension

Death benefit pension commutation

Taxed as lump sum death benefit or can be rolled over to commence a new death benefit pension







 


 


 

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