Document ID: chunk:federal_register_of_legislation:C2022C00264:section:96ba
Version: federal_register_of_legislation:C2022C00264
Segment Type: section
Provision Reference: s 96BA
Character Range: 319026–320321

96BA  Extra spouse's pension—special case
 (1) If:
 (a) the spouse of a deceased pensioner had a late short‑term marital or couple relationship with the pensioner; and
 (b) apart from this section, the spouse of the deceased pensioner would, at any time, be entitled to extra spouse's pension under subsection 96B(2) or (6);
the annual rate of that pension at that time is:
 (c) if paragraph (d) does not apply—the amount worked out by using the formula:

 (d) if at that time there is one or more than one eligible child or partially dependent child who became a child of the pensioner:
 (i) before the pensioner became a retirement pensioner or turned 60; or
 (ii) at least 3 years before the pensioner died;
  —such rate, being a rate higher than the rate worked out under paragraph (c) but less than the basic rate of pension, as CSC determines to be fair and equitable in all the circumstances of the case.
 (2) In subsection (1):
basic rate of pension means the annual rate at which, apart from subsection (1), extra spouse's pension would be payable to the person.
relevant period means the period:
 (a) beginning on the day on which the marital or couple relationship between the deceased pensioner and his or her spouse began; and
 (b) ending on the day on which the pensioner died.