96BExtra spouse’s pension—general

#### 96B Extra spouse’s pension—general (1) If at any time when spouse’s pension is payable: (a) to the spouse of a deceased eligible employee in accordance with section 82, 83, 85, 86 or 90; or (b) to the spouse of a deceased pensioner in accordance with subsection 94(1) or section 96; there is one, or more than one, child of the deceased eligible employee or pensioner who is a partially dependent child, then, subject to subsection (3) and section 96BA, the spouse is entitled to extra spouse’s pension in accordance with subsection (2). (2) Where, at any time, the spouse of a deceased eligible employee or pensioner is entitled to extra spouse’s pension under subsection (1), the annual rate of that pension is: (a) the applicable percentage of the annual rate of the pension by reference to which the spouse’s pension payable to the spouse under section 82, 83, 85, 86 or 90, subsection 94(1) or section 96 (whichever is applicable) is to be calculated under that section; or (b) an amount equal to the amount per annum of the regular maintenance payments that the deceased eligible employee or deceased pensioner was, at the time of his or her death, voluntarily making, or required by a court to make, to or in respect of the partially dependent child or children; whichever is less. (3) The spouse of a deceased eligible employee or deceased pensioner is not entitled to extra spouse’s pension under subsection (1) at any time when there are more than 2 children of the deceased eligible employee or deceased pensioner who are eligible children. (4) Where, at any time, the spouse of a deceased eligible employee or pensioner is entitled to extra spouse’s pension under subsection (1), then, for the purposes of subsection (2), the applicable percentage is: (a) if at that time 2 children of the deceased eligible employee or pensioner are eligible children—11 per centum; or (b) if at that time one child of the deceased eligible employee or pensioner is an eligible child: (i) if there is only one partially dependent child—11 per centum; or (ii) if there is more than one partially dependent child—22 per centum; or (c) if at that time no child of the deceased eligible employee or pensioner is an eligible child: (i) if there is only one partially dependent child—11 per centum; or (ii) if there are 2 partially dependent children—22 per centum; or (iii) if there are more than 2 partially dependent children—33 per centum. (5) If, at any time when spouse’s pension is payable to the spouse of a deceased pensioner in accordance with subsection 94(2), there is one, or more than one, child of the deceased pensioner who is a partially dependent child, then, subject to subsection (7) and section 96BA, the spouse is entitled to extra spouse’s pension in accordance with subsection (6). (6) If, at any time, the spouse of a deceased pensioner is entitled to extra spouse’s pension under subsection (5), the annual rate of that pension is: (a) the applicable percentage of the annual rate of the pension by reference to which the spouse’s pension payable to the spouse under subsection 94(2) is to be calculated under that subsection; or (b) an amount equal to the amount per annum of the regular maintenance payments that the deceased pensioner was, at the time of his or her death, voluntarily making, or required by a court to make, to or in respect of the partially dependent child or children; whichever is less. (7) The spouse of a deceased pensioner is not entitled to extra spouse’s pension under subsection (5) at any time when there is more than one child of the deceased pensioner who is an eligible child. (8) If, at any time, the spouse of a deceased pensioner is entitled to extra spouse’s pension under subsection (5), then, for the purposes of subsection (6), the applicable percentage is: (a) if, at that time, one child of the deceased pensioner is an eligible child—11%; or (b) if, at that time, no child of the deceased pensioner is an eligible child: (i) if there is one partially dependent child—12%; or (ii) if there are 2 or more partially dependent children—23%.