Document ID: chunk:federal_register_of_legislation:C2004A01463:body:0:p10
Version: federal_register_of_legislation:C2004A01463
Segment Type: other
Provision Reference: 
Character Range: 21293–23839

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 where the eligible child is, at that time, the only eligible child, or is one of 2 eligible children, of the deceased contributor or pensioner—11 per centum; or
       (ii) in a case where the eligible child is, at that time, one of 3 or more eligible children of the deceased contributor or pensioner—33 per centum divided by the number of those eligible children; or
    (b) if the pension is payable under sub-section (4) of section 46, sub-section (4) of section 47 or sub-section (1) of section 48, of this Act—
       (i) in a case where the eligible child is, at that time, the only eligible child of the deceased contributor or pensioner—45 per centum;
       (ii) in a case where the eligible child is, at that time, one of 2 eligible children of the deceased contributor or pensioner—40 per centum;
       (iii) in a case where the eligible child is, at that time, one of 3 eligible children of the deceased contributor or pensioner—30 per centum; or
       (iv) in a case where the eligible child is, at that time, one of 4 or more eligible children of the deceased contributor or pensioner—100 per centum divided by the number of those eligible children.
"(2) Where, but for this section, the rate of a child's pension would at any time be less than the rate ascertained in accordance with sub-section (3) of this section, pension shall be payable at that time at the rate so ascertained.

"(3) The rate applicable to a child's pension payable in respect of an eligible child at any time is—
    (a) where the pension is payable under sub-section (3) or (4) of section 46 of this Act—the relevant percentage of the rate of pension that would have been payable under section 45 of this Act to the deceased contributor at that time if he had not died but had, on the day of his death, retired on the ground of invalidity;
    (b) where the pension is payable under sub-section (3) or (4) of section 47 of this Act—the relevant percentage of the rate of pension that would have been payable under section 43, 43a, 44 or 45 of this Act to the deceased pensioner at that time if he had not died; or
    (c) where the pension is payable under sub-section (1) of section 48 of this Act—the relevant percentage of—
       (i) in a case where the eligible child is the child of a deceased contributor—the rate of pension