Pension Act (R.S.C., 1985, c. P-6)

Marginal note:Payment of portion of pension to dependant

• 42. (1) Subject to subsection (2), where a member of the forces to whom a pension is payable is required by an order of a court in Canada to pay an amount fixed in the order towards the maintenance of any person, in this section referred to as a “dependant”, the Minister may, on receipt of a certified copy of the order, direct that such portion of the pen- sion as the Minister may determine be paid directly to the dependant.

• Marginal note:Calculation of portion to be paid

  (2) Where the amount fixed by a court order to be paid to a dependant by a member of the forces described in subsection (1) is

  • (a) greater than the amount of any additional pension payable to the member in respect of that dependant, the portion of the pension directed by the Minister to be paid to the dependant pursuant to subsection (1) shall not exceed an amount equal to twice the amount of the additional pension; or

  • (b) less than the amount of any additional pension payable to the member in respect of that dependant, the portion of the pension directed by the Minister to be paid to the dependant pursuant to subsection (1) shall not exceed an amount equal to the amount of the additional pension.

• Marginal note:Allowance for maintenance of parents

  (3) Where a pensioner, prior to the pensioner’s enlistment or during the pensioner’s service, was maintaining or was substantially assisting in maintaining one or both of the pensioner’s parents or a person in the place of a parent, an amount not exceeding the amount set out in Schedule I as the additional pension for one child may be paid directly to each parent or person in the place of a parent or to the pensioner for so long as the pensioner continues that maintenance.

• Marginal note:Limitation

  (4) The benefits of subsection (3) shall be limited to a parent or parents or a person in the place of a parent who is, are or would be, if the pensioner did not contribute, in a dependent condition, and if the Minister is of the opinion that the pensioner is unable by reason of circumstances beyond his or her control to continue his or her contribution toward the maintenance of his or her parent or parents or a person in the place of a parent, the Minister may continue those benefits.

• Marginal note:Dependent parent

  (5) Where a parent or person in the place of a parent who was not wholly or to a substantial extent maintained by the pensioner prior to the pensioner’s enlistment or during the pensioner’s service by reason of the fact that the parent or person was not then in a dependent condition, subsequently falls into a dependent condition, is incapacitated by mental or physical infirmity from earning a livelihood and is wholly or to a substantial extent maintained by the pensioner, an amount not exceeding the amount set out in Schedule I as the additional pension for one child may be paid directly to each parent or person in the place of a parent or to the pensioner for so long as the pensioner continues that maintenance.

• (6) and (7) [Repealed, 2000, c. 12, s. 217]

• (8) [Repealed, 1990, c. 43, s. 18]