15BPChildren’s pensions

15BP Children’s pensions

15BP Children’s pensions

(1) Subject to section 15BN (8), where a contributor or a pensioner dies leaving dependent children, the board shall pay a pension in respect of each such child to the deceased’s widow or widower or the child’s guardian or may expend the pension for the benefit of the child in such manner as is determined by the board.

(2) A pensioner under section 15BM or 15BO is entitled to so much only of pensions under this section as will, when added to the pension under section 15BM or 15BO, as the case may be, not exceed—

(a) in the case of a pensioner under section 15BM—the pension to which the pensioner’s spouse would have been entitled if that spouse had, immediately before dying, become entitled to a pension under section 15BH (3), or

(b) in the case of a pensioner under section 15BO—the pension to which the pensioner’s spouse was entitled immediately before dying.

(2A) For the purposes of subsection (2), a widow or dependent widower who, under Division 5A, has been paid a lump sum instead of pension shall be deemed to be in receipt of a pension, or additional pension, equal to the amount of pension instead of which the lump sum was paid.

(3) A pension under this section payable to the widow or widower of a former contributor shall continue to be payable notwithstanding remarriage of the widow or widower but, upon such a remarriage, subsection (2) ceases to apply to the pension.

(4) A pension under this section in respect of a child is payable only while he is a dependent child.

(5) Where a pensioner under section 15BF, 15BG or 15BH marries after becoming entitled to the pension, a pension is not, upon the death of the pensioner, payable in respect of children of the surviving party to the marriage who are not children of that marriage.

(6) Subsection (5) does not apply in respect of a pensioner who, after marrying as referred to in that subsection, again becomes a contributor.

s 15BP: Ins 1977 No 46, Sch 1 (4). Am 1980 No 191, Schs 1 (5), 3 (9).