Pension payable to eligible children dependent on surviving spouse who received pension then died
36 Pension payable to eligible children dependent on surviving spouse who received pension then died
Application
This section applies if:
a covered ADF member has died; and
there was a surviving spouse of the member; and
the surviving spouse chose to receive his or her benefit for the death of the member as a pension; and
the surviving spouse dies; and
one or more eligible children of the member are wholly or substantially dependent on the surviving spouse when the surviving spouse dies.
Pension payable
A single pension is payable to or for all those eligible children.
Children to or for whom pension is payable
However, the pension is payable for a period to or for only those eligible children who are eligible children for the period.
An eligible child who is at least 18 but under 25 may cease to be an eligible child, and become an eligible child again, depending on whether he or she is undertaking full‑time education.
Rate of pension
The rate of the pension payable to or for one or more eligible children of a deceased covered ADF member for a day (the key day) because of the death of the surviving spouse of the member is worked out using the formula:
Pension not payable if lump sum is payable instead
This section has effect subject to section 44 (which deals with automatic conversion of small pensions to lump sums).
This Act’s bill:Explanatory memorandumSecond reading speech
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