Document ID: chunk:federal_register_of_legislation:F2022C00514:reg:46
Version: federal_register_of_legislation:F2022C00514
Segment Type: reg
Provision Reference: reg 46
Character Range: 100564–101660

46  Child's benefit upon death of spouse
 (1) Where a spouse of a deceased member, being a spouse who:
 (a) is in receipt of a spouse's pension; and
 (b) has an eligible child or children;
dies, a pension is payable to, or for the benefit of, the child or children at an annual rate equal to the relevant percentage in Table 2 of Schedule 4 of the deceased person's notional pension.
 (2) In this rule:
deceased person has the same meaning as in Part 5 of Schedule 1.
deceased person's notional pension means:
 (a) where the spouse was in receipt of a pension under subrule 40(2)—the deceased person's notional invalidity pension, or reduced notional invalidity pension on the date of the member's death; or
 (b) where the spouse was in receipt of a pension under subrule 42(1)—the deceased person's pension on the date of the member's death;
as if the rate of that pension had been increased from time to time in accordance with Division 2 of Part 6.
notional invalidity pension and reduced notional invalidity pension have the same respective meanings as in rule 40.

Division 4—Miscellaneous