35Pensions to widows and children in certain cases

35 Pensions to widows and children in certain cases

(1) A pension shall, subject to this regulation, be paid to the widow of a person referred to in the first column of Schedule 5, as follows: (a) during her own life, a pension at the rate specified in the second column of that Schedule opposite to the reference to that person in the first column; and (b) in respect of each of her or of that person’s children who is under the age of 16 years or is a student child (other than a child or student child of her re‑marriage): (i) where there are less than 3 such children or student children—a pension at the rate per annum equal to 11/67 of the annual rate of pension to which the widow is entitled under this regulation; and (ii) in any other case—a pension at the rate per annum equal to the amount ascertained by dividing 33/67 of the annual rate of pension to which the widow is entitled under this regulation by the total number of children and student children. (2) Notwithstanding the provisions of paragraph (1)(b), where the annual rate of pension payable on a day under that paragraph in respect of a child or student child is less than $208, the annual rate of pension so payable on that day in respect of that child or student child is increased by an amount equal to the difference between the first‑mentioned rate and the rate of $208 per annum. (3) Where, on 1 July 1979, a widow was entitled to a pension under paragraph (1)(a), the annual rate of that pension shall, on and after 12 July 1979, be increased by an amount ascertained by multiplying the annual rate of pension to which the widow would, but for this subregulation, be entitled on 12 July 1979 by 0.072. (4) On the death of a widow who was in receipt of a pension under this regulation, pension is payable in respect of each child or student child referred to in paragraph (1)(b) as follows: (a) where there is 1 such child or student child—at an annual rate equal to 45/67 of the prescribed pension; (b) where there are 2 such children or student children—at an annual rate equal to 40/67 of the prescribed pension; (c) where there are 3 such children or student children—at an annual rate equal to 30/67 of the prescribed pension; and (d) where there are 4 or more such children or student children—at an annual rate ascertained by dividing 100/67 of the prescribed pension by the number of children and student children. (5) Notwithstanding the provisions of subregulation (4), the annual rate of pension payable under a paragraph of that subregulation shall not in any case be less than whichever is the greater of: (a) $520; or (b) the sum of $208 and ¼ of the prescribed pension. (6) In subregulations (4) and (5), prescribed pension, in relation to a rate of pension payable on a day in respect of a child or student child, means the annual rate of pension to which the widow would, but for her death, have been entitled on that day. (7) In paragraph (1)(b) and subregulations (3) and (6), the reference to pension to which the widow is entitled under this regulation does not include a reference to pension payable to the widow in respect of a child or student child.