70Payment of benefit otherwise than to person entitled

70 Payment of benefit otherwise than to person entitled

(1) Where, in the opinion of CSC, the part of: (a) an instalment of spouse’s pension; or (b) a spouse’s lump sum payment; attributable to an eligible child or eligible children, or any portion of that part, should, by reason of the child or children not being in the custody, care and control of the spouse, or for any other reason which CSC thinks proper, be paid to a person other than the spouse, CSC may authorise payment of that part, or a portion of the part, to the other person and if CSC does so payment is to be made to the other person accordingly. (2) For the purposes of subrule (1), the part of a spouse’s lump sum payment attributable to that eligible child or those eligible children is taken to be the amount obtained by multiplying the spouse’s lump sum payment by the percentage applicable in respect of an eligible child or children under rule 42 in relation to a pension. (3) Where, in the opinion of CSC: (a) an instalment, or part of an instalment, of a pension or associate pension; or (b) an amount of any other benefit; should: (c) by reason of the person who, but for this rule, would be entitled to the payment being a child, or being a person who is of unsound mind or undergoing imprisonment or otherwise being under a disability; or (d) for any other reason which CSC thinks proper; be paid to a person other than the person who would be so entitled to the payment, CSC may authorise payment to the other person and if CSC does so payment is to be made to the other person accordingly. (4) It is the intention of this rule that a payment of: (a) the part, or a portion of the part, of an instalment of spouse’s pension attributable to an eligible child that, by virtue of subrule (1), is paid to a person other than the child to which that part or portion is attributable; or (b) an instalment of pension payable to a child that, by virtue of subrule (3), is paid to a person other than the child; be applied for the maintenance, education or other benefit of the child.