Document ID: chunk:federal_register_of_legislation:C2022C00264:section:4:p2
Version: federal_register_of_legislation:C2022C00264
Segment Type: section
Provision Reference: s 4 (pt 2/2)
Character Range: 376253–378429

to the part of a benefit allocated to the spouse that is not attributable to a child or children (being a child or children not in the custody, care and control of the spouse) as could be made by the spouse in relation to the benefit if the deceased person had had only one spouse who survived him or her and that person were that spouse.
 (13) Where a benefit is payable in accordance with an allocation made under subsection (3) or (10), CSC, having regard to the respective needs of the persons mentioned in that subsection and to such other matters as CSC considers relevant, may vary the allocation from time to time.
 (14) Where:
 (a) benefit is payable to the surviving spouses of a deceased person under subsection 81(1) or (2); and
 (b) the spouses are entitled under subsection (12) of this section to make an election under section 84 or 87; and
 (c) one or more, but not all, of the surviving spouses make such an election;
then:
 (d) unless CSC otherwise directs, orphan pension is not payable in respect of a child (including a child of a kind referred to in subparagraph (b)(i) or (ii) of the definition of child in subsection 3(1)) of a spouse who makes such an election; and
 (e) if orphan pension becomes payable in respect of a child or children of the deceased person, the rate of the pension is such rate as CSC determines, being a rate equal to such rate as CSC considers would have been the rate of pension payable to, or for the benefit of, that child or those children but for paragraph (d).
 (15) Orphan benefit is not payable under section 102, 103, 104, 107 or 108 in respect of the children of a deceased person until the death of the last of the surviving spouses entitled to pension under this section.
 (16) A reference in subsection (4) to spouse's pension does not include a reference to spouse's additional pension mentioned in sections 89 and 93.
 (17) For the purposes of this section, in determining the needs of a spouse, disregard any need that results from an election made by the spouse under section 146E.
 (18) CSC must ensure that so much of a spouse's pension as is commuted under section 146E is not allocated under this section.