40Male pensioner sentenced to imprisonment

#### 40 Male pensioner sentenced to imprisonment 40 Male pensioner sentenced to imprisonment > > (1) Where any male pensioner is in prison for any period in excess of one month— > > > > > (a) his spouse or de facto partner may be paid during any such period of imprisonment pension for the spouse or de facto partner and in respect of any children of the pensioner or the spouse or de facto partner that would have been payable under sections 31 and 32D if the pensioner were dead, or > > > > > (b) in any other case, pension may be paid in respect of any children of himself or his spouse or de facto partner in accordance with the provisions of section 33 as if the pensioner were dead. > > > (2) Any amount payable to a spouse or de facto partner or in respect of children in accordance with paragraphs (a) and (b) of subsection (1) shall be deducted from any pension payable to the pensioner and the balance of such pension shall be paid to him or to such person including his spouse or de facto partner, or a person on behalf of his children, as STC determines. > > > (3) Any payment made by STC under the authority of this section shall— > > > > > (a) be as valid as if made by way of pension to the pensioner, and > > > > > (b) not exceed the amount of pension which but for his imprisonment would have been payable to the pensioner. > > **s 40:** Subst 1969 No 72, sec 3 (1) (k). Am 1978 No 143, Sch 2 (20); 1993 No 111, Sch 6 (38); 1996 No 39, Sch 4; 2000 No 114, Sch 1.6 \[10\].