Document ID: chunk:federal_register_of_legislation:C2006C00163:clause:1_91
Version: federal_register_of_legislation:C2006C00163
Segment Type: clause
Provision Reference: sch 1 cl 91
Character Range: 45740–46499

91  Before subsection 110(6)
Insert:

 (5B) In making a determination under paragraph (4)(d), the Board must take into consideration:
 (a) the extent to which spouse's pension payable to the spouse of a deceased pensioner under Division 3 is reduced when the spouse and the deceased pensioner have been in a marital relationship of the kind referred to in paragraph (4)(d); and
 (b) whether there is in the custody, care and control of the spouse one, or more than one, eligible child who:
 (i) was not born of the marital relationship referred to in paragraph (4)(d); or
 (ii) did not become a stepchild of the pensioner as a result of that marital relationship; or
 (iii) is not a child of the person with whom the pensioner had that marital relationship.