Document ID: chunk:federal_register_of_legislation:C2024C00651:section:19aa:p2
Version: federal_register_of_legislation:C2024C00651
Segment Type: section
Provision Reference: s 19AA (pt 2/2)
Character Range: 102690–104766

annuity is immediately payable) dies and is survived by a child who is a dependent child of the spouse or of the deceased person and is an eligible child, benefit in accordance with this section is payable in respect of the child.
 (3A) Subsection (3) does not apply to a child who:
 (a) was born after the date of the death of the deceased person; or
 (b) was adopted by the spouse after that date (whether alone or together with another person);
unless the child would, in the Trust's opinion, have been a dependant of the deceased person if the deceased person had not died.
 (4) The benefit in respect of an eligible child is an annuity at the rate of the amount per annum ascertained by dividing by 4 (or, if the number of eligible children of the deceased person in respect of whom benefit is payable under this section is greater than 4, by the number of those children):
 (a) where the benefit became payable on the death of a person referred to in paragraph (2)(a) or (b)—the amount of the annual rate of annuity that would have been payable to the spouse of that person if that person had died leaving a spouse entitled to an annuity under this Act; or
 (c) where the benefit became payable on the death of a spouse referred to in subsection (3)—the amount of the annual rate of annuity that would have been payable to the spouse if she or he had not died and, if the rate of the annuity was, at the time of his or her death, reduced under section 21B, the annuity was not so reduced.
 (5) In this section:
child, in relation to a person, means a child of the person, including:
 (a) an adopted child or an ex‑nuptial child of the person; and
 (b) someone who is a child of the person within the meaning of the Family Law Act 1975.
deceased person means a deceased person mentioned in paragraph (2)(a) or (b).
eligible child means:
 (a) a child who has not attained the age of 18 years; or
 (b) a child who:
 (i) has attained the age of 18 years but has not attained the age of 25 years; and
 (ii) is receiving full‑time education at a school, college or university.