Pension Act — P-6 34
t 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 paid the additional pension for a spouse or common-law partner for so long as there is a minor child in respect of whom additional pension is being paid, if there is a person who is competent to assume and who does assume the household duties and care of the child or children. Pension on death of survivor (9) On and after the death of a survivor of a member of the forces who has been in receipt of a pension, or who would have been entitled to a pension but for the death, the survivor’s pension may be paid for so long as there is a minor child to or in respect of whom a pension is being paid, to a person who is competent to assume and who does assume the household duties and care of the child or children, and in those cases the pension payable in respect of those children shall continue to be paid. Pension payable to caregiver (10) Where a pension has been awarded to a minor child or minor children of a deceased member of the forces who had maintained a domestic establishment for the child or children and (a) who, at the time of death, was himself or herself a survivor, or (b) whose survivor does not receive a pension in respect of the death or receives only a portion of the pension, a pension and, if applicable, allowances under one or both of subsections 38(3) and 72(5), at respective rates not exceeding those that a survivor of the deceased member would be entitled to receive under this Act, may be paid to a person who is competent to assume and who does assume the household duties and care of the child or children, for so long as there is a minor child in respect of whom a pension is being paid, and in those cases the pension payable in respect of those children shall continue to be paid. Survivor and children (11) When pension is awardable under this Act in respect of the death of a member of the forces who died leaving a survivor and child or children, the child or children are entitled to a pension in accordance with the rate payable for orphan children in Schedule II or determined pursuant to subsection (7), whichever rate is applicable. Pension where both parents are members of the force (12) Where a pension is payable to or in respect of a child of members of the forces each of whom is or was a pensioner by reason of the member’s own disability, (a) if one parent has died and a pension is payable in respect of the death of that parent, only one pension shall be paid to or in respect of the child and that pension, where the parent, at the time of death, was in receipt of a pension paid at the rate set out in one of classes (i) one to eleven of Schedule I, is payable at the rate set out for an orphan child in Schedule II, or (ii) twelve to twenty of Schedule I, is payable at the greater of (A) the rate applicable to a child determined pursuant to subsection (7), and (B) the rate set out in Schedule I applicable to the surviving parent with respect to a child; and (b) if both parents have died and a pension is payable in respect of the death of each of them, only one pension shall be paid to or in respect of the child. R.S., 1985, c. P-6, s. 34; R.S., 1985, c. 16 (1st Supp.), s. 5, c. 12 (2nd Supp.), s. 7, c. 37 (3rd Supp.), s. 8; 1989, c. 6, s. 30; 1990, c. 43, s. 12; 1995, c. 18, ss. 54, 75; 2000, c. 12, ss. 214, 238, c. 34, s. 26