106Orphan benefit—death of invalidity pensioner

#### 106 Orphan benefit—death of invalidity pensioner (1) Where: (a) a pensioner to whom invalidity pension is payable dies; and (b) he or she is not survived by a spouse but is survived by a person or persons who is or are his or her child or children; then, subject to section 108A, at any time after his or her death when the surviving child or 1 or more of the surviving children is an eligible child or are eligible children, orphan pension is payable in respect of the eligible child or eligible children in accordance with subsection (2). (2) Where, by virtue of subsection (1) of this section, orphan pension is payable in respect of an eligible child or eligible children of a deceased pensioner, the annual rate of the pension payable in respect of that child or those children is such percentage of the notional invalidity pension of the deceased pensioner as is applicable under section 109. (3) A reference in subsection (2) to the notional invalidity pension of a deceased pensioner means the rate at which invalidity pension was payable to the deceased pensioner immediately before his or her death.