LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC How to Get Centrelink Bereavement Payment Back from Deceased's Ex-wife?

Discussion in 'Criminal Law Forum' started by corey stubbs, 2 July 2016.

Tags:
  1. corey stubbs

    corey stubbs Member

    Joined:
    1 July 2016
    Messages:
    2
    Likes Received:
    0
    I received a bereavement payment from Centrelink for the passing of someone I cared for. The ex-wiife of the deceased told me this is to pay for the funeral. They had been separated 14 years and she had no dealings with him anymore.

    Me not thinking, withdrew the money and gave it to her. I have researched the bereavement payment and it is for my adjustment and loss of income and should belong to me.

    Is there any chance of getting this back through the courts or legal system?
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,149
    Likes Received:
    256
    How long ago did you give her the money? And have you asked for it back?
     
  3. corey stubbs

    corey stubbs Member

    Joined:
    1 July 2016
    Messages:
    2
    Likes Received:
    0
    Gave it to her two days ago and the money has been paid on the funeral. Very messy situation to bring up as I will offend
     
  4. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,149
    Likes Received:
    256
    You do have a chance as the money was given under a misunderstanding. One problem you have is that is a result of your mistake the other party has already spent it and may not have done so but for the receipt of the money you gave. If you want to pursue this matter you need to weigh up the benefit and likely costs of trying to get the money back.

    In cases like this, some small facts not disclosed here can make the difference between winning and losing. Need to keep in mind the other party may have a different story to you and it then becomes a he said/she said argument and may come down as to who is more believable in court.

    If you do decide to do something, do it sooner rather than later. The longer you leave it, the more uncertain your result.
     

Share This Page

Loading...