Document ID: chunk:federal_register_of_legislation:C2004A03971:section:365:p2
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 365 (pt 2/34)
Character Range: 132874–135487

(3), 95 (2) or 96 (3); and

    (b) an amount purporting to be an instalment of primary pension payable to the pensioner in respect of a period in respect of which spouse's benefit is payable in accordance with subsection 94 (3), 95 (2) or 96 (3) is paid into an account with a bank, credit union or building society (in this section called the 'financial institution'); and

    (c) the financial institution pays, out of that account, to the spouse of the deceased pensioner an amount not exceeding the amount so paid into the account;

then, in spite of any other law:

    (d) the financial institution is not liable to the Commonwealth, the personal representative of the deceased pensioner or anyone else for any loss incurred because of the payment of that amount to the spouse of the pensioner; and

    (e) an amount equal to the amount so paid by the financial institution to the spouse of the deceased pensioner must be set off against any amount of spouse's benefit payable to him or her in accordance with subsection 94 (3), 95 (2) or 96 (3).".

58. After Division 3 of Part VI of the Principal Act the following Division is inserted:

"Division 3a—Spouse's benefit attributable to partially dependent children

Extra spouse's pension

"96b. (1) If at any time when spouse's pension is payable:

(a) to the spouse of a deceased eligible employee in accordance with section 82, 83, 85, 86 or 90; or

(b) to the spouse of a deceased pensioner in accordance with section 94 or 96;

there is one, or more than one, child of the deceased eligible employee or pensioner who is a partially dependent child, then, subject to subsection (3), the spouse is entitled to extra spouse's pension in accordance with subsection (2).

"(2) Where, at any time, the spouse of a deceased eligible employee or pensioner is entitled to extra spouse's pension, the annual rate of that pension is:

    (a) the applicable percentage of the annual rate of the pension by reference to which the spouse's pension payable to the spouse under section 82, 83, 85, 86, 90, 94 or 96 (whichever is applicable) is to be calculated under that section; or

    (b) an amount equal to the amount per annum of the regular maintenance payments that the deceased eligible employee or deceased pensioner was, at the time of his or her death, voluntarily making, or required by a court to make, to or in respect of the partially dependent child or children;

whichever is less.

"(3) The spouse of a deceased eligible employee or deceased pensioner is not entitled to extra spouse's pension at any time when there are more than 2 children of