Paragraph 3

For article 31 substitute—

“Reduction of guaranteed income payment, survivor's guaranteed income payment and child's payment to take account of other amounts

31

(1)

This article applies if—

(a)

a Gurkha within Schedule 3 to this Order is discharged, or

(b)

a Gurkha or former Gurkha within that Schedule dies.

(2)

If a former Gurkha is entitled to a guaranteed income payment for any period during which the former Gurkha is also entitled to a pension by virtue of the Gurkha Pension Scheme, guaranteed income payment is reduced by the amount of that pension.

(3)

If a person who is the surviving spouse, civil partner or other adult dependant of the Gurkha or former Gurkha is entitled to a survivor's guaranteed income payment for any period during which the person is also entitled to a family pension in respect of the deceased Gurkha or former Gurkha by virtue of the Gurkha Pension Scheme, survivor's guaranteed income payment is reduced by the amount of that pension

(4)

Paragraphs (5) and (6) apply if the Gurkha or former Gurkha dies—

(a)

without leaving a surviving spouse, civil partner or surviving adult dependant but leaving one or more eligible children, and

(b)

a family pension is payable as a result of the death.

(5)

If there is only one eligible child, the child's payment is reduced by the amount of the family pension.

(6)

If there are two or more eligible children, the child's payment paid to or in respect of each eligible child is reduced by the amount of the family pension, divided by the number of eligible children.”.