Document ID: chunk:federal_register_of_legislation:C2022C00264:section:4
Version: federal_register_of_legislation:C2022C00264
Segment Type: section
Provision Reference: s 4
Character Range: 361126–363233

4                      If there are 4 or more eligible children not in the custody, care and control of the spouse  100%                108%

 (7) Benefit attributed under subsection (4) to a partially dependent child or partially dependent children of the deceased person must not exceed in the aggregate the lesser of:
 (a) the annual rate of the regular maintenance payments being made, or required to be made by order of a court, in relation to the child or children by the deceased person immediately before his or her death; or
 (b) the maximum benefit that, under subsection (5) or (5A), could be attributed to the child or children if the child or children were an eligible child or eligible children, as the case may be, of the deceased person not in the custody, care and control of the spouse.
 (8) CSC must not determine that a part of spouse's additional pension, being such pension mentioned in sections 89 and 93, is attributable to a partially dependent child or partially dependent children.
 (9) Where CSC makes a determination under subsection (4), the spouse may make any election under this Act in relation to the part of a benefit that, under the determination, is not attributable to a child or children (being a child or children not in the custody, care and control of the spouse) as if the part of the benefit were the whole of the benefit to which the spouse had become entitled.
 (10) Where a determination is made under subsection (4), 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 determination from time to time.
 (11) A reference in subsection (2) to spouse's pension does not include a reference to spouse's additional pension mentioned in sections 89 and 93.
 (12) 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.
 (13) CSC must ensure that so much of a spouse's pension as is commuted under section 146E is not attributed under this section to a child.