Document ID: chunk:federal_register_of_legislation:C2004A01840:section:24:p3
Version: federal_register_of_legislation:C2004A01840
Segment Type: section
Provision Reference: s 24 (pt 3/8)
Character Range: 24980–27636

is in necessitous circumstances or that the restoration of the annuity is otherwise warranted,
the Trust may direct in writing that the widow's or widower's entitlement to an annuity be restored from and including such date as the Trust specifies and, upon such a direction being given, the widow or widower again becomes entitled to an annuity from and including that date at a rate determined by the Trust (being a rate that does not exceed the rate at which the annuity would have been payable if the entitlement had not ceased).
(4) The date specified by the Trust under sub-section (3) in relation to the restoration of a widow's or widower's entitlement to an annuity shall not, unless the Trust is satisfied that special circumstances exist that justify an earlier date being so specified, be a date earlier than the date of the direction, and shall not, in any event, be a date earlier than the date of commencement of this Act.

Benefits in respect of orphaned children
12. (1) Section 19aa of the Principal Act is amended—
     (a) by omitting sub-section (2) and substituting the following sub-sections:
      "(2) Subject to the sub-sections (2a) and (2b), where a person has died or dies—
      (a) while entitled to a parliamentary allowance; or
      (b) while entitled to a retiring allowance,
     and the deceased person was not or is not survived by a widow or widower who was or is entitled to an annuity under section 19, but was or is survived by a child of the deceased person or of a former spouse of the deceased person, being a child who was a dependant of the deceased person and is an eligible child, benefit in accordance with this section is payable in respect of the child.
     "(2a) Subject to sub-section (2b), if the deceased person died while entitled to a retiring allowance, sub-section (2) does not apply in relation to a child who was born, or was adopted by the deceased person, either alone or together with another person, after the date on which the deceased person became entitled to the retiring allowance and after the date on which the deceased person attained the age of 60 years.

      "(2b) Sub-section (2a) does not exclude a child from benefit where—
         (a) the child was born during a marriage of the deceased person to another person or was adopted during such a marriage by the deceased person, or by the deceased person together with that other person; and
         (b) if that other person had survived the deceased person, that other person would have been entitled to an annuity under section 19.".
     (b) by omitting from sub-section (3) "Where" and substituting "Subject to sub-section