111FInterpretation

111F Interpretation

(1) In this Part, unless the contrary intention appears:

child, in relation to a male person who has died and:

(a) was a person referred to in the first column of Schedule 5; or
(b) was, at the date of his death, a contributor or pensioner;

means a person who: (c) is a child of the deceased person; (d) has not attained the age of 16 years, or: (i) has attained the age of 16 years but has not attained the age of 25 years; (ii) is receiving full‑time education at a school, college or university; and (iii) is not ordinarily in employment or engaged in work on his own account; and (e) immediately before the deceased person’s death: (i) was (except where the person is a child of the widow of the deceased person but not of the deceased person) living with the deceased person; (ii) was wholly or substantially dependent upon the deceased person; or (iii) where the person was born after the deceased person’s death—would have been, in the opinion of the Commissioner, living with the deceased person or so dependent if the person had been born before the death of the deceased person; not being a child or student child who is entitled to pension in relation to that deceased person otherwise than under this Part.

widow, in relation to a person who has died and was, at the time of his death, a pensioner, means:

(a) a woman who was legally married to the deceased at the time of his death and who was, at that time, living with him on a permanent and bona fide domestic basis;
(b) a woman who was legally married to the deceased at the time of his death but who was not living with him on a permanent and bona fide domestic basis at that time, and who was wholly or substantially dependent upon him at that time;
(c) a woman who was not legally married to the deceased at the time of his death but who, for a continuous period of not less than 3 years immediately preceding his death, had ordinarily lived with him as his wife on a permanent and bona fide domestic basis; and
(d) a woman who was not legally married to the deceased at the time of his death but who, for a continuous period of less than 3 years immediately preceding his death, had ordinarily lived with him as his wife on a permanent and bona fide domestic basis, and who was wholly or substantially dependent upon him at the time of his death;

but does not include: (e) a woman who was legally married to the deceased at the time of his death if the marriage took place after he had become a pensioner and after he had attained the age of 60 years unless: (i) the marriage took place not less than 5 years before his death; or (ii) the marriage took place less than 5 years before his death but: (A) the woman had, immediately preceding the marriage, for a continuous period that commenced while the deceased person was a pensioner and not later than 5 years before his death, lived with him as his wife on a permanent and bona fide domestic basis; (B) the woman had, immediately preceding the marriage, for a continuous period that commenced not later than 3 years before his death and either before he became a pensioner or before he had attained the age of 60 years, lived with him as his wife on a permanent and bona fide domestic basis; or (C) the woman had, immediately preceding the marriage, for a continuous period that commenced later than 3 years before his death but either before he became a pensioner or before he had attained the age of 60 years, lived with him as his wife on a permanent and bona fide domestic basis and was wholly or substantially dependent upon him at the time of his death; (f) a woman who was not legally married to the deceased person at the time of his death if she commenced living with him as his wife on a permanent and bona fide domestic basis after he had become a pensioner and after he had attained the age of 60 years unless she had so lived with him for a continuous period of not less than 5 years immediately preceding his death; (g) a person who is entitled to pension in relation to that pensioner otherwise than under this Part; or (h) a person whose application in relation to that pensioner under regulation 65A has been refused. (2) Notwithstanding any other provision of this Part, pension is not payable in respect of: (a) a child of a marriage of a deceased pensioner that took place after the pensioner became a pensioner and after he attained the age of 60 years (including a person who became a step child of a pensioner by reason of such a marriage) unless: (i) the marriage took place not less than 5 years before the pensioner’s death; or (ii) the marriage took place less than 5 years before the pensioner’s death but the other party to the marriage had lived with the pensioner immediately before the marriage on a permanent and bona fide domestic basis for a continuous period: (A) that commenced while the deceased person was a pensioner and no later than 5 years before his death; (B) that commenced while the deceased person was a contributor and no later than 3 years before his death; or (C) that commenced while the deceased person was a contributor but later than 3 years before his death and the other party was wholly or substantially dependent upon the deceased person at the time of his death; (b) an ex‑nuptial child of a deceased pensioner where the child was born after the deceased pensioner had retired and had attained the age of 60 years unless the child’s mother had lived with the deceased pensioner immediately before his death on a permanent and bona fide domestic basis for a continuous period of not less than: (i) except in a case where subparagraph (ii) or (iii) applies—3 years; (ii) except in a case where subparagraph (iii) applies—where she was wholly or substantially dependent upon the deceased at the time of his death—any continuous period immediately preceding the deceased person’s death; or (iii) where the child’s mother had commenced so living with the deceased person after he had become a pensioner and had attained the age of 60 years—5 years; (c) a child who became the adopted child, foster child, or ward of a deceased pensioner after the deceased had become a pensioner and had attained the age of 60 years unless the child had become such a child not less than 5 years before the pensioner’s death; (d) a child who is a child of a deceased pensioner by reason only of being a child of the widow of the pensioner unless the child’s mother had lived with the deceased, immediately before his death, on a permanent and bona fide domestic basis for a continuous period of not less than: (i) except in a case where subparagraph (ii) or (iii) applies—3 years; (ii) except in a case where subparagraph (iii) applies—where she was wholly or substantially dependent upon the deceased at the time of his death—any continuous period immediately preceding the deceased person’s death; or (iii) where the child’s mother had commenced so living with the deceased person after he had become a pensioner and had attained the age of 60 years—5 years; or (e) a child who is the child of a deceased pensioner by reason only of being a child of the wife of the pensioner (other than a wife who survives him) unless the child’s mother had lived with the pensioner, immediately before her death, on a permanent and bona fide domestic basis for a continuous period of not less than: (i) except in a case where subparagraph (ii) or (iii) applies—3 years; (ii) except in a case where subparagraph (iii) applies—where she was wholly or substantially dependent upon the deceased at the time of her death—any continuous period immediately preceding her death; or (iii) where the child’s mother had commenced so living with the deceased person after he had become a pensioner and had attained the age of 60 years—5 years. (3) In this Part, a reference to a person being the child of another person includes a reference to the person being an adopted child, an exnuptial child, a foster child, a step child or a ward of the other person or of a spouse of the other person. (4) Where a person would, but for a temporary absence or an absence resulting from illness or infirmity, have been living with another person at any time on a permanent and bona fide domestic basis, the first‑mentioned person shall, for the purposes of this regulation, be deemed to have been living with the other person on a permanent and bona fide domestic basis at that time. (5) In the application of this Part to and in relation to the eligibility of a child or orphan for pension: (a) the reference, in the definition of widow in subregulation (1), to a person who was, at the time of his death, a pensioner shall be read as including a reference to a person referred to in the first column of Schedule 5 and to a person who was, at the time of his death, a contributor; and (b) the definition of widow in subregulation (1) shall be read as if paragraphs (g) and (h) of that definition were omitted. (6) In paragraph (2)(e), the reference to a wife of a pensioner shall be read as if wife had a corresponding meaning to widow. (7) In subregulation (3), the reference to a spouse of another person shall be read as if spouse had a corresponding meaning to widow.