Document ID: chunk:federal_register_of_legislation:C2022C00288:section:64:p3
Version: federal_register_of_legislation:C2022C00288
Segment Type: section
Provision Reference: s 64 (pt 3/4)
Character Range: 75282–77807

female pensioner from a specified date at a rate that exceeds the rate at which a pension would have been payable from that specified date to the person under this Act had the deceased pensioner been a male pensioner and had the person been, for the purposes of this Act as amended and in force at the date of death of the deceased pensioner, the widow of the deceased pensioner.
 (10) The Authority shall not, under subsection (2), grant a pension to a person in relation to a deceased contributor or a deceased pensioner from a specified date at a rate that exceeds the rate at which pension would have been payable from that specified date in respect of that person under this Act had the person been, for the purposes of this Act as amended and in force at, and at all times after, the date of death of the deceased contributor or the deceased pensioner, the child of the deceased contributor or the deceased pensioner and an eligible child.
 (11) The Authority shall not, under subsection (3), grant a pension to a person in relation to a deceased contributor or a deceased pensioner from a specified date at a rate that exceeds the rate at which pension would have been payable from that specified date in respect of that person under this Act, had the person been, for the purposes of this Act as amended and in force at, and at all times after, the date of death of the deceased contributor or the deceased pensioner, the child of the deceased contributor or the deceased pensioner and an eligible child and had the person become, at the time when he would, in the circumstances set out in subsection (3) have first become entitled, as an eligible orphan, to pension benefit in section 43 of the Defence Force Retirement and Death Benefits Act 1973, entitled to pension under subsection 55(2), 57(4) or 58(1) of this Act.
 (12) Where a pensioner dies on or after the commencing date and a pension is paid to a person, under section 57, as a widow of the pensioner, then, during the period that the pension continues to be paid, for the purpose of calculating the maximum rate of pension payable under subsection (1) to another person but not for the purpose of calculating the maximum rate of pension payable under subsection (2) or (3) to another person, this Act has effect as if the reference in paragraph 57(1)(a) to five‑eighths were a reference to three‑eighths.
 (13) The grant by the Authority, under this section, of a pension to a person does not effect the entitlement of any other person under this Act to