Document ID: chunk:federal_register_of_legislation:C2004A01840:section:24:p4
Version: federal_register_of_legislation:C2004A01840
Segment Type: section
Provision Reference: s 24 (pt 4/8)
Character Range: 27373–30066

with that other person; and
         (b) if that other person had survived the deceased person, that other person would have been entitled to an annuity under section 19.".
     (b) by omitting from sub-section (3) "Where" and substituting "Subject to sub-section (3a), where";
     (c) by inserting after sub-section (3) the following sub-section:
     "(3a) Sub-section (3) does not apply in relation to a child who was born after the date of death of the late spouse of the widow or widower, or was adopted by the widow or widower after that date, either alone or together with another person, other than a child who, in the opinion of the Trust, would have been a dependant of that late spouse if that late spouse had not died.";
     (d) by adding "or" at the end of paragraph (a) of sub-section (4);
     (e) by omitting paragraph (b) of sub-section (4);

     (f) by inserting after sub-section (4) the following sub-section:
     "(4a) A reference in this section to the late spouse of a widow or widower shall be construed as a reference to the deceased person by reason of whose death the widow or widower became entitled to an annuity under this section."; and
     (g) by omitting the definition of "child" from sub-section (5) and substituting the following definition:
         "'child' in relation to a person, means a child (including an adopted child or an ex-nuptial child) of the person;".
(2) The amendments made by sub-section (1) apply in relation to persons who have died before, or die after, the commencement of this Act but those amendments do not create an entitlement to payment of an annuity in respect of any period before the commencement of this Act.
13. After section 19aa of the Principal Act the following section is inserted:

Benefits payable to personal representative
"19ab. (1) Where—
     (a) a person dies after the commencement of this section while entitled to a parliamentary allowance or while entitled to a retiring allowance; and
     (b) the deceased person is not survived by a widow or widower to whom an annuity is payable under section 19 and no benefits are payable in respect of a child or children of the deceased person or of a former spouse of the deceased person,
there is payable to the personal representative of the deceased person the amount (if any) by which the sum of the contributions paid by the deceased person and the Commonwealth supplement in relation to the deceased person exceeds the sum of any benefits under this Act paid to, or accrued due to, the deceased person before the death of that person.
"(2) Where—
     (a) a person dies after the commencement of this section while entitled to a parliamentary allowance