29Pension payable to eligible children dependent on surviving spouse who received invalid’s spouse pension then died

29 Pension payable to eligible children dependent on surviving spouse who received invalid’s spouse pension then died

Application (1) This section applies if: (a) an invalid who was receiving invalidity pension has died; and (b) there was a surviving spouse of the invalid; and (c) the surviving spouse dies; and (d) immediately before dying, the surviving spouse was receiving invalid’s spouse pension because of the death of the invalid; and (e) one or more eligible children of the invalid are wholly or substantially dependent on the surviving spouse when the surviving spouse dies. Payability of pension (2) A single pension is payable to or for all those eligible children. Children to or for whom 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 for a day (the key day) because of the death of the surviving spouse of the invalid is worked out using the formula: Start formula Current value on the key day of the rate of the invalid's spouse pension, disregarding subsections 26(5) and (6), on the day the spouse died times Eligible children pension percentage on the key day end formula 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).