7EVariation of manner of payment of pension in respect of child

7E Variation of manner of payment of pension in respect of child

7E Variation of manner of payment of pension in respect of child

(1) Subject to subsections (2) and (3) but notwithstanding anything in any provision of this Act other than this section, a pension payable under this Act in respect of an eligible child shall, if the Minister so directs by order in writing:

(a) be paid to a specified person, or

(b) be expended in a specified manner.

(2) The powers conferred on the Minister by subsection (1) are not exercisable unless the Minister is satisfied, on the recommendation of the Chief Justice:

(a) in the case of a direction referred to in subsection (1) (a)—that the support and education of the child would be best assured by giving that direction, or

(b) in the case of a direction referred to in subsection (1) (b)—that by reason of special circumstances it is desirable in the interests of the child to give the direction.

(3) The powers conferred on the Minister by subsection (1) are not exercisable in the case of a pension payable to a surviving spouse of a judge or retired judge unless the child in respect of whom the pension is payable is not living with the spouse.

s 7E: Ins 1974 No 106, sec 2 (f). Am 2005 No 31, Sch 5 [19].