Document ID: chunk:federal_register_of_legislation:C2004A01463:body:0:p9
Version: federal_register_of_legislation:C2004A01463
Segment Type: other
Provision Reference: 
Character Range: 18975–21515

1976 if a deceased pensioner (including a pensioner who died before the commencement of the Superannuation Act 1976) would have been in receipt of a pension at the time of his death under section 55 or 66 of that Act if that Act had come into force before he ceased to be an employee, the Commissioner may grant, from such date as the Commissioner specifies, a pension to or in respect of the person under section 47 or 48 of this Act at such rate and on such conditions as the Commissioner determines.

"(2) Where, at any time before the commencement of the Superannuation Act 1976, pension has been payable under sub-section (1) of section 47 of this Act to the widow or widower of a deceased pensioner, the Commissioner for Superannuation shall not, by virtue of sub-section (1) of this section, grant a pension under sub-section (1) of section 47 of this Act to any other person.

"(3) The Commissioner shall not grant a pension under sub-section (1) of this section to a person who, if the Superannuation Act 1976 had come into force before the deceased pensioner referred to in sub-section (1) had died, would, at the time of the deceased pensioner's death, have been a spouse of the deceased pensioner for the purposes of that Act, unless the Commissioner is satisfied that the person is in necessitous circumstances or that the granting of the pension is otherwise warranted.

"(4) The grant by the Commissioner, by virtue of sub-section (1) of this section, of a pension to or in respect of a person does not affect the entitlement of any other person to a pension under this Act that is payable otherwise than by virtue of grant of pension by virtue of sub-section (1) of this section, or the rate of such a pension.

"(5) In sub-section (1), 'deceased pensioner' means a person who at the time of his death was in receipt of a pension under section 43 or 45 of this Act or would have been in receipt of such a pension but for its suspension under section 64a or 65 of this Act.

Minimum pension rates payable in respect of children.
"48ac. (1) In this section—
     'child's pension' means pension payable in respect of an eligible child under sub-section (3) or (4) of section 46, sub-section (3) or (4) of section 47, or sub-section (1) of section 48, of this Act;
     'relevant percentage', in relation to a child's pension payable in respect of an eligible child at any time means—
        (a) if the pension is payable under sub-section (3) of section 46, or sub-section (3) of section 47, of this Act—
       (i) in a case