Document ID: chunk:federal_register_of_legislation:C2006C00163:clause:1_99
Version: federal_register_of_legislation:C2006C00163
Segment Type: clause
Provision Reference: sch 1 cl 99
Character Range: 50412–51517

99  At the end of subsection 136(2B)
Add:
 ; (zb) if a deferred benefit by way of orphan's pension is payable in respect of the person in accordance with section 108A, the annual rate of that pension is:
 (i) if subparagraph (ii) does not apply—the rate worked out by using the formula:
 (ii) if at any time there is one or more than one eligible child who is not a child referred to in subsection 108A(1) or (2)—such rate, being a rate higher than the rate worked out under subparagraph (i) but less than the basic rate of pension, as the Board determines to be fair and equitable in all the circumstances of the case;
  where:
  basic rate of pension means the annual rate at which the deferred benefit by way of orphan pension would be payable in respect of the person under paragraph (w), (y) or (za) (whichever would be applicable) if the deferred benefit was not payable in respect of the person in accordance with section 108A but was payable in respect of the person in accordance with section 105, 106, 107 or 108 (as the case may be).
  relevant period has the same meaning as in section 108A.