Article 28 Amount of child's payment
United Kingdom
The annual amount of child's payment is the relevant percentage of the base figure or, in the circumstances specified in paragraphs (3)(b) and (4)(b), the amount referred to in those subparagraphs.
The base figure is calculated by multiplying the relevant salary by the relevant factor.
Where a member of the forces or former member of the forces dies leaving a surviving spouse, a civil partner or a surviving adult dependant—
the relevant percentage is—
15 per cent. for each of the first 2 eligible children;
10 per cent. for the third eligible child; and
where there are more than 3 eligible children, the amount referred to in paragraph (1) is an amount obtained by dividing 40 per cent. of the base figure by the number of eligible children left by the member or former member of the forces.
Where a member or a former member of the forces dies without leaving a surviving spouse, a civil partner or a surviving adult dependant but leaves—
no more than 4 eligible children, the relevant percentage is 25 per cent.;
more than 4 eligible children, the amount referred to in paragraph (1) is an amount obtained by dividing the base figure by the number of eligible children.
A child's payment will be recalculated, in the manner described at paragraph (4B), on the death of a person —
who was a surviving spouse, civil partner or surviving adult dependant of a member or a former member of the forces; and
who has been in receipt of a survivor's guaranteed income payment; and
where there is no other surviving spouse entitled to a survivor's guaranteed income payment.
The child's payment is to be recalculated—
in accordance with paragraph (4), and
as if the member or former member of the forces had died without leaving a surviving spouse, civil partner or surviving adult dependant, and
the recalculated child's payment becomes payable on the day after the date on which the death of the surviving spouse, civil partner or surviving adult dependant occurred.
Where a child ceases to be an eligible child, there shall be no adjustment in the amount of child's payment payable to the other children who receive child's payment as a result of the same calculation.
In this article—
“the relevant salary” is the salary of the member of the forces on the day on which he died or, in the case of a former member of the forces, his salary on the day on which his service ends up-rated for inflation to the date of claim;
“the relevant factor” is the figure specified in column (b) of the table set out in Schedule 5 in relation to the relevant age specified in column (a);
“the relevant age” is the age of the member of the forces or the former member of the forces on the day on which he died.
Up-rating a former member of the forces' salary for the purposes of determining “the relevant salary” under this article shall be carried out in accordance with article 64.
Annotations
Textual amendments
- F1
Art. 28(4A)(4B) inserted (30.6.2006) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 (S.I. 2006/1438), arts. 1(2), 10