Commonwealth Numbered Acts

SUPERANNUATION LEGISLATION AMENDMENT ACT 1991 No. 130, 1991 - SECT 40

40. Section 114 of the Principal Act is amended:

   (a)  by inserting after subsection (1) the following subsection:

"(1A) If:

   (a)  the Commissioner determines under Division 5 of Part VI that part of a
        lump sum benefit to which a spouse is entitled is attributable to an
        eligible child or eligible children or a partially dependent child or
        partially dependent children; and

   (b)  because of the child or children not being in the custody, care and
        control of the spouse, or for any other reason that the Commissioner
        thinks proper, the Commissioner is of the opinion that payment of that
        part, or a portion of that part, of the lump sum benefit should be
        made to a person other than the spouse; the Commissioner may authorise
        payment of that part, or a portion of the part, to be made to the
        other person, and payment must be made to the other person
        accordingly.";

   (b)  by omitting subsection (2) and substituting the following subsection:

"(2) A payment of the part, and a payment of a portion of the part, of an
instalment of pension or of a lump sum benefit that, under this section, is
paid to a person other than the child to which that part or portion is
attributable, must be applied for the maintenance, education or other benefit
of the child.".