New South Wales Consolidated Acts

SUPERANNUATION ACT 1916 - SECT 43A

43A Pensions in respect of students

(1) The provisions of this section shall have effect notwithstanding anything elsewhere in this Act contained.

(2) In this section "student" means a person who, though having attained the age of eighteen years, is under the age of twenty-five years and is receiving full time education from a school, college or university approved by STC.

(3) A pension under this section:

(a) shall be payable in respect of a student if a pension would be payable in respect of such student were the student under the age of eighteen years, and

(b) shall be payable to such persons as STC determines a pension would have been payable were such student under the age of eighteen years or shall be expended by STC towards the support or education of such student.

(4) The amount of pension payable under this section shall be:

(a) in the case of a student in respect of whom a pension would be payable under section 33 were the student under the age of eighteen years-the appropriate amount per fortnight under section 61N, or

(b) in any other case-the appropriate amount per fortnight under section 61M.

(5) A pension payable under this section shall be paid until the student attains the age of twenty-five years or ceases to be a student or dies whichever first occurs.

(6) A pension shall not be paid to any person in respect of a student unless STC is satisfied that such pension is being used for or towards, or such person contributes towards, the support or education of such student.

(7) For the purposes of this section STC may at any time require evidence of the age of the student, the education being received by the student, or the support or education of the student for or towards which the pension is being used, or being contributed to by any person to whom a pension under this section is payable.
In default of the provision of such evidence or if in the opinion of STC the evidence provided is not satisfactory STC may refuse to pay such pension.