Document ID: chunk:federal_register_of_legislation:C2004A04476:body:0:p19
Version: federal_register_of_legislation:C2004A04476
Segment Type: other
Provision Reference: 
Character Range: 46460–49260

"(5) For the purposes of this section, a person is taken to be living with another person if the Commissioner is satisfied that the person would have been living with that other person except for a period of:

  (a)     temporary absence; or

  (b)     absence because of the person's illness or infirmity.

Spouse who survives a deceased person

  "8B.(1) In this section:

'deceased person' means a person who was, at the time of his or her death, an eligible employee or a retirement pensioner.

"(2) For the purposes of this Act, a person is a spouse who survives a deceased person if:

    (a)     the person had a marital relationship with the deceased person at the time of the death of the deceased person ('the death'); and

    (b)     in the case of a deceased person who was a retirement pensioner at the time of the death:

         (i) the marital relationship began before the retirement pensioner became a retirement pensioner; or

         (ii) the marital relationship began after the retirement pensioner became a retirement pensioner but before the retirement pensioner reached 60; or

         (iii) in the case of neither subparagraph (i) nor (ii) applying—the marital relationship had continued for a period of at least 5 years up to the time of the death.

"(3) In spite of subsection (2), a person is taken to be a spouse who survives a deceased person if:

    (a)     the person had previously had a marital relationship with the deceased person; and

  (b)     the person did not, at the time of the death, have a marital

SCHEDULE—continued

     relationship with the deceased person but was legally married to the deceased person; and

    (c)     in the case of a marital relationship that began after the deceased person became a retirement pensioner and reached 60—the relationship began at least 5 years before the deceased person's death; and

    (d)     in the Commissioner's opinion, the person was wholly or substantially dependent upon the deceased person at the time of the death.".

Section 9:

  Repeal the section, substitute:

Children of deceased retirement pensioners

"9.(1) A person who became a child of a deceased retirement pensioner ('pensioner') after the pensioner became a retirement pensioner and reached 60 is taken not to be an eligible child or partially dependent child of the pensioner unless subsection (2) or (3) applies to the person.

  "(2) This subsection applies to a child of a pensioner if:

     (a) the person became a child of the pensioner only because the person:

         (i) was born of a marital relationship between the pensioner and another person; or

         (ii) became a stepchild of the pensioner as a result of a marital relationship between the pensioner and another person; or

         (iii) is a child of a