12AAllowance in respect of certain children

#### 12A Allowance in respect of certain children 12A Allowance in respect of certain children > > (1) In this section— > > > > child in relation to a member, or former member of the police force includes a step-child of the member or former member and any person to whom the member or former member stands in the place of a parent. > > > > student means a person receiving full-time education at a school, college or university approved by the Board. > > > (2) Where, after the commencement of Part 4 of the [Police Regulation (Superannuation) Amendment Act 1974](/view/pdf/asmade/act-1974-46), a member, or former member, of the police force dies under circumstances referred to in section 12, leaving a child, STC may, subject to this section, pay to the spouse or de facto partner of the member or former member or, if there is no such spouse or de facto partner, to the guardian of the child or, if there is no such spouse or de facto partner or guardian, to such person as STC may determine, an annual allowance in respect of the child equivalent to the amount of the weekly payment from time to time prescribed by Division 1 of Part 3 of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070) in respect of a dependent child of a worker under that Act. > > > (2A) An allowance under this section shall not be payable to a person to whom a gratuity is payable under section 12 (1A). > > > (2B) An allowance under this section shall not be payable as a consequence of the death of a former member of the police force who— > > > > > (a) wholly commuted under Division 3 a superannuation allowance that previously became payable to the former member under this Act, or > > > > > (b) has been paid a disengagement benefit under section 8A. > > > (3) Except as provided by subsections (4) and (4A), an allowance under subsection (2) is payable only in respect of a child under the age of eighteen years and ceases to be payable if the child dies under that age. > > > (4) Subject to any conditions (including conditions as to duration) imposed by STC, an allowance under subsection (2) may be continued in respect of a child who is a student at the time the child attains the age of eighteen years or commenced in respect of a child who was a student at the time of the death of the member or former member of the police force. > > > (4A) An allowance continued or commenced under subsection (4) is not payable in respect of any period after the child— > > > > > (a) dies, or > > > > > (b) ceases to be a student, or > > > > > (c) reaches 21 years. > > > (5) STC may adjust or discontinue, or may vary the conditions applicable to, an annual allowance payable under this section. > > > (6) An annual allowance in respect of a child that, immediately before the commencement of Part 4 of the [Police Regulation (Superannuation) Amendment Act 1974](/view/pdf/asmade/act-1974-46), was being paid under section 12 (1) as enacted before that commencement shall be deemed to be an allowance payable under this section. > > **s 12A:** Ins 1974 No 46, sec 9 (k). Am 1979 No 133, Sch 1 (12); 1981 No 24, Sch 1 (12); 1987 No 81, Sch 1 (6); 1987 No 220, Sch 3 (9); 1993 No 111, Sch 2 (8); 1996 No 39, Sch 4; 2000 No 114, Sch 1.3 \[6\]; 2006 No 53, Sch 1.2 \[25\].