Document ID: chunk:federal_register_of_legislation:C2023C00402:section:36
Version: federal_register_of_legislation:C2023C00402
Segment Type: section
Provision Reference: s 36
Character Range: 53735–55265

36  Pension payable to eligible children dependent on surviving spouse who received pension then died

Application
 (1) This section applies if:
 (a) a covered ADF member has died; and
 (b) there was a surviving spouse of the member; and
 (c) the surviving spouse chose to receive his or her benefit for the death of the member as a pension; and
 (d) the surviving spouse dies; and
 (e) one or more eligible children of the member are wholly or substantially dependent on the surviving spouse when the surviving spouse dies.

Pension payable
 (2) A single pension is payable to or for all those eligible children.

Children to or for whom pension is payable
 (3) However, the pension is payable for a period to or for only those eligible children who are eligible children for the period.
Note: An eligible child who is at least 18 but under 25 may cease to be an eligible child, and become an eligible child again, depending on whether he or she is undertaking full‑time education.

Rate of pension
 (4) The rate of the pension payable to or for one or more eligible children of a deceased covered ADF member for a day (the key day) because of the death of the surviving spouse of the member is worked out using the formula:

Pension not payable if lump sum is payable instead
 (5) This section has effect subject to section 44 (which deals with automatic conversion of small pensions to lump sums).

Division 4—Benefit for beneficiaries or estate of covered ADF member who died without a surviving spouse and eligible children