Document ID: chunk:federal_register_of_legislation:C2004A01816:body:0:p19
Version: federal_register_of_legislation:C2004A01816
Segment Type: other
Provision Reference: 
Character Range: 45020–47597

made by the spouse in relation to the benefit if the deceased person had had only one spouse who survived him and that person were that spouse.

"(6) Where a pension is payable to 2 or more of the surviving spouses of a deceased person in accordance with an allocation made under sub-section (3), the Commissioner, having regard to the respective needs of those spouses and to such other matters as he considers relevant, may, from time to time, vary that allocation.

"(7) Where pension is payable to 2 or more of the surviving spouses of a deceased person in accordance with an allocation under sub-section (3) of a spouse's pension, then, if one of the surviving spouses dies—
     (a) subject to paragraph (b), the rate of the pension payable to the survivor, or the rate of the pension available for allocation under sub-section (3) amongst the survivors, is a rate that bears to the rate (in this sub-section referred to as the 'basic rate') that would have been the rate of the spouse's pension payable if the deceased person had had only one surviving spouse the same proportion as the rate of pension that was payable (or would but for sub-section 114(1) have been payable) to the survivor, or the aggregate of the rates of pension that were payable (or would but for sub-section 114(1) have been payable) to the survivors, immediately before the death of the deceased spouse bore to the basic rate at that time; and
     (b) if there is an eligible child or there are eligible children of the deceased person, the Commissioner may, in his discretion and from time to time, direct that the rate of the pension shall, from such date (not being a date earlier than the date of the death of the deceased spouse) as he specifies, be increased to such rate as he specifies (not being a rate greater than the basic rate) and, when the Commissioner gives such a direction, he shall attribute that increase to that child, or such of those children as he determines, and in such proportions as he determines, and may, from time to time, vary such a determination.

"(8) Where—
     (a) benefit is payable to the surviving spouses of a deceased person by virtue of sub-section 81(1) or (2);
     (b) the spouses are entitled by virtue of sub-section (5) 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 the Commissioner otherwise directs, orphan pension is not payable in respect of a child (including an adopted child, an ex-nuptial child, a foster child, a