43Pension payable in respect of orphans

43 Pension payable in respect of orphans

(1) On the death of a contributor or a pensioner whose wife is dead or divorced, a pension is payable under these Regulations in respect of each child under the age of 16 years or student child of the contributor or pensioner or of his wife (except a child or student child of her re‑marriage), being a child or student child who was dependent on him at the time of his death, as follows: (a) where there is 1 such child or student child—at an annual rate equal to 45 per cent of the prescribed pension; (b) where there are 2 such children or student children—at an annual rate equal to 40 per cent of the prescribed pension; (c) where there are 3 such children or student children—at an annual rate equal to 30 per cent of the prescribed pension; and (d) where there are 4 or more such children or student children—at an annual rate ascertained by dividing the prescribed pension by the number of children and student children. (1A) In subregulation (1), prescribed pension means: (a) in relation to a rate of pension payable on a day in respect of a child or student child of a deceased contributor or of his wife—the annual rate of pension (including any amount payable in respect of non‑contributory units) that would have been payable to the contributor on that day if he had not died but had been in receipt of a pension payable under regulation 34; and (b) in relation to a rate of pension payable on a day in respect of a child or student child of a deceased pensioner or of his wife—the annual rate of pension (including any amount payable in respect of non‑contributory units) that would have been payable to the pensioner on that day if he had not died. (1B) Notwithstanding the provisions of subregulation (1), 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: (i) where there are not more than 4 children or student children—¼ of the relevant pension; and (ii) in any other case—the amount of the relevant pension divided by the number of children and student children. (1C) In subregulation (1B), relevant 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 (including any amount payable in respect of non‑contributory units) that, but for the death or divorce of the wife referred to in subregulation (1), would have been payable to her on that day, other than pension payable to her in respect of a child or student child. (2) A pension payable under subregulation (1) shall be increased, if the pension payable under paragraph 48(1)(a) of the Superannuation Ordinance was being paid on 30 June 1962, by an amount of One dollar fifty cents per fortnight. (3) Where the present value, as determined by the Commonwealth Actuary, of a pension or pensions payable on the death of a contributor in pursuance of subregulation (1) is less than the sum obtained by deducting from the contributions made by the contributor any refund paid or payable to the contributor or his personal representatives by virtue of the provisions of the Superannuation (Papua and New Guinea) Ordinance 1959, the amount of the difference shall be paid to the personal representatives of the contributor or, failing them, to such persons (if any) as the Board determines.