54Desertion by pensioner of spouse or child

#### 54 Desertion by pensioner of spouse or child (1) Where a male pensioner deserts his wife or leaves her without means of support, the wife may, from time to time, apply to a court of summary jurisdiction constituted by a Police, Stipendiary or Special Magistrate, and, on proof that the wife has been deserted or left without means of support, the court may order the payment, during such period as it thinks desirable, of pension in accordance with section 47 as if the pensioner were dead. (1A) Where: (a) the husband of a female pensioner is wholly or substantially dependent upon her; and (b) his wife leaves him without means of support; the husband may, from time to time, apply to a court of summary jurisdiction constituted by a Police, Stipendiary or Special Magistrate, and, on proof that the husband is wholly or substantially dependent on his wife and that his wife has left him without means of support, the court may order the payment, during such period as it thinks desirable, of pension in accordance with section 47 as if the pensioner were dead. (2) Where a pensioner (being a person who is a pensioner by reason of having been a contributor) whose wife or husband is dead or divorced deserts, or leaves without means of support, any of the children of the pensioner who are dependent on the pensioner, the guardian of the children or the Board, may, from time to time, apply to a court of summary jurisdiction constituted by a Police, Stipendiary or Special Magistrate, and, on proof that any such child has been deserted or left without means of support, the court may order the payment, during such period as it thinks desirable, of pension in accordance with section 48 as if the pensioner were dead. (3) The Board shall comply with any order made under this section and the amount of the pension payable to the pensioner shall be reduced by the amount of the pension payable in pursuance of the order of the court. (4) On and after 1 July 1976, each reference in this section to the Board shall be read as including a reference to the Commissioner for Superannuation.