Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In the cases specified in this section, benefits for the care and maintenance of eligible children are payable in such manner and subject to such conditions as the Trust determines.
(2) Subject to subsections (2A) and (2B), where:
(a) a person has died or dies while entitled to a parliamentary allowance; or
(b) a person has died or dies while entitled to a retiring allowance (whether or not the retiring allowance was or is, as the case may be, immediately payable);
and the deceased person:
(c) was or is survived by a child of the deceased person or of a former spouse of the deceased person, being a child who:
(i) was dependent on the deceased person; and
(ii) is an eligible child; and
(d) was not or is not survived by a person with whom the deceased person had had a marital or couple relationship and who is:
(i) the natural or adoptive parent of that child; or
(ii) the parent of that child because the child is a child of the person within the meaning of the Family Law Act 1975 ;
then, subject to sections 19ABA and 21AA, benefit in accordance with this section is payable in respect of the child.
(2A) Subject to subsection (2B), if the deceased person died while entitled to a retiring allowance (whether or not the retiring allowance was immediately payable), subsection (2) does not apply in relation to a child who was born, or was adopted by the deceased person, either alone or together with another person, after the date on which the deceased person became entitled to the retiring allowance and after the date on which the deceased person attained the age of 60 years.
(2B) Subsection (2A) does not exclude a child from benefit where:
(a) the child:
(i) was born while the deceased person was having a marital or couple relationship with another person; or
(ii) was adopted by the deceased person or the deceased person with that other person during the duration of that relationship; or
(iii) was a child of the deceased person, and that other person, within the meaning of the Family Law Act 1975 ; and
(b) if that other person had survived the deceased person, that other person would have been entitled to an annuity under section 19.
(3) Subject to subsection (3A), where a spouse entitled to an annuity under section 19 (whether or not the annuity is immediately payable) dies and is survived by a child who is a dependent child of the spouse or of the deceased person and is an eligible child, benefit in accordance with this section is payable in respect of the child.
(3A) Subsection (3) does not apply to a child who:
(a) was born after the date of the death of the deceased person; or
(b) was adopted by the spouse after that date (whether alone or together with another person);
unless the child would, in the Trust's opinion, have been a dependant of the deceased person if the deceased person had not died.
(4) The benefit in respect of an eligible child is an annuity at the rate of the amount per annum ascertained by dividing by 4 (or, if the number of eligible children of the deceased person in respect of whom benefit is payable under this section is greater than 4, by the number of those children):
(a) where the benefit became payable on the death of a person referred to in paragraph (2)(a) or (b)--the amount of the annual rate of annuity that would have been payable to the spouse of that person if that person had died leaving a spouse entitled to an annuity under this Act; or
(c) where the benefit became payable on the death of a spouse referred to in subsection (3)--the amount of the annual rate of annuity that would have been payable to the spouse if she or he had not died and, if the rate of the annuity was, at the time of his or her death, reduced under section 21B, the annuity was not so reduced.
(5) In this section:
"child" , in relation to a person, means a child of the person, including:
(a) an adopted child or an ex - nuptial child of the person; and
(b) someone who is a child of the person within the meaning of the Family Law Act 1975 .
"deceased person" means a deceased person mentioned in paragraph (2)(a) or (b).
"eligible child" means:
(a) a child who has not attained the age of 18 years; or
(b) a child who:
(i) has attained the age of 18 years but has not attained the age of 25 years; and
(ii) is receiving full - time education at a school, college or university.