28Pension payable to eligible children if invalid dies without a surviving spouse

28 Pension payable to eligible children if invalid dies without a surviving spouse

Application (1) This section applies if: (a) an invalid dies; and (b) the invalid was receiving an invalidity pension immediately before dying; and (c) there was not a surviving spouse of the invalid immediately after his or her death; and (d) there are one or more eligible children of the invalid.

Note: This Division also applies in relation to certain invalids who are not actually receiving an invalidity pension on the day they die as if they had been receiving the pension on that day: see Division 5.

Pension payable (2) A single pension is payable to or for all those eligible children. Children to or for whom the pension is payable (3) However, the pension is payable for a period to or for only those eligible children who are eligible children for the period.

Note: 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 (4) The rate of the pension payable to or for one or more eligible children of the invalid for a day (the key day) because of the death of the invalid is worked out using the formula: Start formula 67% times Current value on the key day of the basic annual rate of the invalidity pension on the day the invalid died times Eligible children pension percentage on the key day end formula

Note: Division 5 may affect the rate of invalidity pension that is taken for the purposes of this subsection to have been payable to the invalid on the day he or she died.

Pension not payable if lump sum is payable instead (5) This section has effect subject to section 44 (which deals with automatic conversion of small pensions to lump sums).