Dependent children’s pension
12(1)Subject to subsection 13(9), if a judge described in subsection 11(1) does not leave a surviving spouse or surviving common-law partner or if a surviving spouse’s pension or surviving common-law partner’s pension is not payable or ceases to be payable under this Act, a dependent children’s pension equal to the surviving spouse’s pension or surviving common-law partner’s pension that was being or could have been paid under section 11 shall be paid in equal shares to the judge’s dependent children.
12(2)A dependent children’s pension shall be paid to the person having custody and control of the child but, if there is no such person, it shall be paid to the child or to another person designated by the Minister.
12(3)A dependent children’s pension ceases to be payable
(a)
in the case of a child described in paragraph (
a) of the definition “dependent child”, when the child becomes 19 years of age,
(b)
in the case of a child described in paragraph (
b) of the definition “dependent child”, when the child becomes 25 years of age or ceases to be in full-time attendance at an educational institution, whichever occurs first, or
(c)
in the case of a child described in paragraph (
c) of the definition “dependent child”, whether or not the child is also described in paragraph (
a) or (
b) of that definition, when the child ceases to be dependent because of any mental or physical infirmity, or dies, whichever occurs first.
2000, c.P-21.1, s.10; 2008, c.45, s.28