Pension Act — P-6 34
Age limits 34 (1) No pension shall be paid to or in respect of a child after the last day of the month in which the child attained the age of eighteen years except (a) where the child is unable to provide for the child’s own maintenance owing to physical or mental infirmity that occurred before the child attained the age of twenty-one years, in which case a pension may be paid while the child is incapacitated from earning a livelihood by the infirmity; or (b) where the child is following and is making satisfactory progress in a course of instruction approved by the Minister, in which case the pension may be paid until the child has attained the age of twenty-five years. (2) [Repealed, 1989, c. 6, s. 30] When payable (3) The Minister may award a pension to or in respect of any child entitled to be maintained by the member of the forces in respect of whom pension is claimed. Child’s pension paid to parents, etc. (4) The Minister may direct that the pension for a child may be paid to the child’s mother or father, or to the child’s guardian, or to any person approved by the Minister, or direct that the pension be administered by the Department. Adopted child, foster child, etc. (5) When a child has been given in adoption or has been removed from the person caring for the child, by a competent authority, and placed in a suitable foster home, or is not being maintained by and does not form part of the family cared for by the member of the forces or the person who is pensioned as the former spouse, former common-law partner, survivor or parent of the member of the forces, or by the person awarded a pension under section 46, the pension for the child may, in accordance with the circumstances, be continued, discontinued or retained for the child for such period as the Minister may determine or increased up to an amount not exceeding the rate payable for orphan children, and any such award is subject to review at any time. Pension for children of deceased pensioner (6) The children of a deceased member of the forces who was, at the time of the death of the member, in receipt of a pension paid at a rate set out in one of classes one to eleven of Schedule I are entitled to a pension in accordance with the rates set out in Schedule II, regardless of the cause of that member’s death. Proportionate pension for children (7) The children of a deceased member of the forces who was, at the time of the death of the member, in receipt of a pension paid at a rate set out in one of classes twelve to twenty of Schedule I are each entitled to an equal portion of the greater of (a) a proportionate pension equivalent to fifty per cent of the additional pension payable in respect of dependent children for the disability of the member, and (b) a bonus payable by the Minister for the benefit of the child or children to such person as the Minister may direct and equivalent to the additional pension for one year payable to the member at the time of the member’s death in respect of a child or children of the member. Where pension suspended (7.01) Where the payment of the pension of a member of the forces was suspended at the time of the member’s death, the Minister may direct that the children be awarded the pension to which they would be entitled under subsection (6) or (7) if the pension had not been suspended. Meaning of minor child (7.1) For the purposes of subsections (8), (9) and (10), a child ceases to be a minor child after the last day of the month in which the child attains the age of eighteen years. Additional pension continued in certain circumstances (8) On and after (a) the death of the spouse or common-law partner of a pensioner, (b) the dissolution of the marriage of a pensioner, (c) the separation of a pensioner from a spouse to whom or in respect of whom an additional pension is not being paid, or (d) the cessation of cohabitation of a pensioner with the pensioner’s common-law partner, a pensioner pensioned on account of disability may be pa