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4.16 Guardians of 'Prescribed Children'
Last amended: 14 August 2013
Where a child of the employee is under 18 and shares in the SRCA S17 lump sum, that share is paid into a trust fund operated by MRCC, until the child attains the age of 18. (Refer to 4.13 for details.)
This SRCA amount is not paid to the surviving parent or to the legal guardian or to any other person who has responsibility for the child. However the guardian may in some circumstances and with the consent of the MRCC access that trust fund for the benefit of the child, See 4.14 and 4.15.
If the child is over 18 that SRCA share is of course payable directly to that 'child'.
Guardians and the Additional Death Benefit
Where the employee has no 'spouse' current at the time of that employee's death, the ADB amount is not payable at all, but the 'dependent child amount' in respect of each child is still payable i.e:
(Defence Det 2000/1, Clause 10.5.7)
1.The ADB is payable to the spouse.
2.However sub-clause (3) or (4) applies if the dependent child amount is payable for a child and:
a)the deceased member is not survived by a spouse, or
b)the spouse does not have primary responsibility for the daily care of the child.
3.If the child is under 18, the dependent child amount is payable to a person who has primary responsibility for the daily care of the child.
4.If a child is 18 or over, the dependent child amount is payable to the child.
Therefore, in the case where the employee's death leaves orphaned 'prescribed children', the ADB child amount in respect to each child is paid to the person who has care of that child. This may or may not be the person who is also the legally appointed guardian of that child.