33   Children’s pensions at sec 61N rates

(1)  A pension of the appropriate amount per fortnight under section 61N is payable on the death of a contributor or pensioner in respect of a child if the conditions set out in subsections (1A)–(1C) are satisfied.

(1A)  The child must be a child of the contributor or pensioner or a child of a spouse or de facto partner of the contributor or pensioner.

(1B)  The other parent of the child or the spouse or de facto partner of the contributor or pensioner who was a parent of the child:

(a)  must have died before the contributor’s or pensioner’s death, or

(b)  must have been divorced from the contributor or pensioner, or

(c)  must have been in a registered relationship or interstate registered relationship, within the meaning of the Relationships Register Act 2010, or a de facto relationship, with the contributor or pensioner that ended before the contributor’s or pensioner’s death.

Note. “De facto relationship” is defined in section 21C of the Interpretation Act 1987.

(1C)  If the child is not a child of the contributor or pensioner:

(a)  in a case where the spouse or de facto partner who is the parent of the child is divorced from or the former de facto partner of the pensioner or contributor, the child must have been born or adopted before the divorce or end of the relationship, and

(b)  in any case, the child must have been ordinarily part of the contributor’s or pensioner’s household at the time of the death of the spouse or de facto partner, divorce or end of the relationship.

(1D)  In this section:

pensioner means a person who received a pension because the person was a former contributor.

spouse or de facto partner includes a person previously married to the contributor or pensioner or a former de facto partner.

(2)  Where a pension ceases to be payable under section 32D in respect of a child because the surviving parent dies, a pension of the appropriate amount per fortnight under section 61N is payable in respect of the child.

(3)  Nothing in this section affects the operation of section 47.