108Orphan benefit—death of spouse of deceased invalidity pensioner

#### 108 Orphan benefit—death of spouse of deceased invalidity pensioner (1) Where: (a) a spouse’s pension is payable to the spouse of a person to whom invalidity pension was payable at the time of the person’s death; and (b) the spouse dies, but is survived by a person or persons who is or are the child or children of the deceased pensioner; then, subject to section 108A, at any time after the spouse’s 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), orphan pension is payable at any time 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 annual rate at which invalidity pension would have been payable to the deceased pensioner immediately before the pensioner’s death if he or she had died on the day on which his or her spouse died.