Marginal note:Marriage, etc., after sixty years of age
19. (1) Subject to section 14.1 but notwithstanding any other provision of this Part, the survivor of a contributor is not entitled to an annual allowance in respect of the contributor under this Part if at the time the contributor married the survivor or began to cohabit with the survivor in a relationship of a conjugal nature, the contributor had attained the age of sixty years unless, after that time, that person became or continued to be a contributor.
Marginal note:Child born after parent 60 years of age
(2) Notwithstanding anything in this Part, except as provided in the regulations, a child who was born to or adopted by a person or who became the stepchild of a person at a time when that person was over sixty years of age is not entitled to any annual allowance under this Part, unless, after that time, that person became or continued to be a contributor.
Marginal note:Death within one year of marriage
(3) Notwithstanding anything in this Part, when a contributor dies within one year after marriage, no annual allowance is payable to the survivor or children of that marriage unless it is established to the satisfaction of the Minister that the contributor was at the time of marriage in such a condition of health as to justify the contributor in having an expectation of surviving for at least one year after the marriage.
(4) [Repealed, 1989, c. 6, s. 27]
Marginal note:Saving provision
(5) Nothing in this section shall be held to prejudice any right that a child of an earlier marriage of the contributor has to an allowance under section 13.
(6) Notwithstanding anything in this Act, no person is entitled to an allowance under this Part by virtue of being or being deemed to be the survivor of a female contributor if the contributor was not a member of the Force on or after December 20, 1975, and section 2 does not apply in respect of this subsection.
- R.S., 1985, c. R-11, s. 19;
- 1989, c. 6, s. 27;
- 1992, c. 46, s. 73;
- 1999, c. 34, s. 186.
19.1 [Repealed, 1999, c. 34, s. 187]
Diversion of Amounts Payable in Certain Cases
Marginal note:Payment to dependants of recipient
20. (1) When any court in Canada of competent jurisdiction has made an order requiring a recipient to pay financial support, amounts payable to the recipient under this Part or Part III are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.
Marginal note:Where recipient unable to manage own affairs
(2) Where, for any reason, a recipient is unable to manage the recipient’s own affairs, or where the recipient is incapable of managing the recipient’s own affairs and there is no person entitled by law to act as the recipient’s committee, the Receiver General may pay to any person designated by the Minister to receive payment on behalf of the recipient any amount that is payable to the recipient under this Part or Part III.
Marginal note:Payment deemed to be to recipient
(3) For the purposes of this Part and Part III, any payment made by the Receiver General pursuant to subsection (1) or (2) is deemed to be a payment to the recipient in respect of whom the payment was made.
(4) [Repealed, 2000, c. 12, s. 289]
- R.S., 1985, c. R-11, s. 20;
- 1992, c. 46, s. 74;
- 1999, c. 34, s. 188;
- 2000, c. 12, s. 289.
- Date modified: