Document ID: chunk:federal_register_of_legislation:C2004A00035:body:0:p12
Version: federal_register_of_legislation:C2004A00035
Segment Type: other
Provision Reference: 
Character Range: 27042–29533

an option under sub-section (2) of section 19 dies without having exercised that option,
and is survived by a child who is a dependent child of the deceased person and is an eligible child but is not (in a case where paragraph (b) applies) a child born after the re-marriage of the deceased person or adopted after that re-marriage by the deceased person either alone or together with another person, benefit in accordance with this section is payable in respect of the child, and in any such case—
    (d) any benefit payable to the personal representative of the deceased person under sub-section (6) of section 19, or any benefit payable

    to the widow or widower under paragraph (b) of sub-section (2) of that section by virtue of the operation of sub-section (4) of that section, does not become payable until the benefit in respect of the child ceases to be payable; and
    (e) the amount of any such benefit otherwise payable to the personal representative or to the widow or widower, as the case may be, is reduced by the total of the amounts of benefit paid in respect of the child.
"(3) Where a widow or widower entitled to an annuity under section 19 dies and is survived by a child who is a dependent child of the widow or widower or of the late spouse of the widow or widower and is an eligible child, benefit in accordance with this section is payable in respect of the child.
"(4) The benefit in respect of an eligible child is an annuity at the rate of the amount per annum ascertained by dividing by four (or, if the number of eligible children of the deceased person in respect of whom benefit is payable under this section is greater than four, by the number of those children)—
    (a) where the benefit became payable on the death of a person referred to in paragraph (a) or paragraph (b) of sub-section (2)—the amount of the annual rate of annuity that would have been payable to the widow or widower of that person if that person had died leaving a widow or widower entitled to an annuity under this Act;
    (b) where the benefit became payable on the death of a widow or widower referred to in paragraph (c) of sub-section (2)—the amount of the annual rate of annuity that would have been payable to the widow or widower if an annuity had been payable to her or him under paragraph (a) of sub-section (2) of section 19; or
    (c) where the benefit became payable on the death of a widow or widower referred to in sub-section (3)—the amount of the annual rate of