42Incapacity or absence of pensioner

#### 42 Incapacity or absence of pensioner 42 Incapacity or absence of pensioner > > (1) Subject to sections 39, 40 and 41 if because of a pensioner’s incapacity from any cause or because a pensioner cannot be found STC is of opinion that payment of a pension or other benefit under this Act should be made to a person other than the pensioner or other beneficiary and is satisfied that such payment will be used for the maintenance, care and support of the pensioner or beneficiary, or a person who is wholly or partly dependent on the pensioner or beneficiary, STC may make payment of the pension or part thereof to such other person during the period of absence or incapacity. > > > (2) Any amount payable pursuant to subsection (1) shall be deducted from any pension or benefit payable to the pensioner or beneficiary. > > > (3) Any payment made by STC under the authority of this section shall be as valid as if made by way of pension or benefit to the pensioner or beneficiary, as the case may be. > > **s 42:** Subst 1969 No 72, sec 3 (1) (k). Am 1993 No 111, Sch 6 (40); 1996 No 39, Sch 4.