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

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corey stubbs

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1 July 2016
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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?
 

Rod

Lawyer
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27 May 2014
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How long ago did you give her the money? And have you asked for it back?
 

corey stubbs

Member
1 July 2016
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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
 

Rod

Lawyer
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27 May 2014
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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.