New South Wales Consolidated Acts

SUPERANNUATION ACT 1916 - SECT 52FA

52FA Children’s pensions at sec 61M rates

(1) A pension of the appropriate amount per fortnight under section 61M is payable in respect of a child on the death of a person referred to in section 52A (1) ( "the former employee") who has not received a benefit under this Division if the conditions set out in subsections (2) and (3) are satisfied.

(2) The child must be a child of the former employee or a child of a surviving spouse or de facto partner of the former employee who is not eligible to receive a pension under section 52G.

(3) If the child is not a child of the former employee, the child:

(a) must have been born or adopted before the death of the former employee, and

(b) must have been ordinarily part of the former employee’s household at the time of the death of the former employee.

(4) A pension under this section ceases to be payable in respect of a child if the surviving parent dies, but continues to be payable even though the surviving parent marries or remarries.

(5) This Act applies to and in respect of a child in respect of whom a pension is payable under this section in the same way as it applies to and in respect of a child in respect of whom a pension is payable under Division 2, and so applies as if the pension payable under this section were a pension payable under Division 2 by virtue of the death of a contributor.