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State Superannuation Act 1988
78Desertion by pensioner of partner or child
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78 Desertion by pensioner of partner or child
S. 78(1) amended by Nos 57/1989 s. 3(Sch. item 186), 27/2001 s. 5(Sch. 3 item 5.16).
(1) If—
S. 78(1)(a) amended by No. 27/2001 s. 5(Sch. 3 item 5.16).
(a) a pensioner has unlawfully deserted his or her partner or left his or her partner without means of support; or
S. 78(1)(b) amended by No. 27/2001 s. 5(Sch. 3 item 5.16).
(b) a pensioner's partner is dead or divorced and the pensioner has deserted any of his or her children who are dependent on him or her—
Part II of the **Maintenance Act 1965** extends and applies so as to enable the Magistrates' Court on complaint to order the payment, during the period it thinks desirable of so much of his or her pension as the Magistrates' Court thinks fit for the benefit of his or her partner or his or her children or of his or her partner and children.
(2) The Board must comply with the order and during the period for which the order operates, pay to the pensioner the balance (if any) of his or her pension.
S. 79
repealed by No. 110/1993 s. 87.
S. 80 substituted by No. 81/1988 s. 33(k), amended by Nos 110/1993 s. 88, 43/1998
s. 42(5),
52/1998
s. 311(Sch. 1 item 84.2), substituted by No. 40/2010 s. 92.