Regulation 73 Meaning of “eligible child”I1
United Kingdom
In these Regulations, “eligible child”, in relation to a deceased member, means—
a natural or adopted child of the member who meets any of conditions A to C; or
any other child or young person who—
meets any of those conditions; and
was financially dependent on the member as at the date of the member’s death.
Condition A is that the person is aged under 18.
Condition B is that the person is in full-time education or vocational training and has not reached the age of 23.
Condition C is that the person is unable to engage in gainful employment because of physical or mental impairment and either—
the person has not reached the age of 23; or
that impairment is, in the opinion of the scheme medical adviser, likely to be permanent and the person was dependent on the member as at the date of the member’s death because of physical or mental impairment.
A person who is aged under 19 on the date on which the person ceases to be in full-time education is treated as being in such education until the first of the following dates after the person ceases to be in that education—
the second Monday in January;
the second Monday after Easter Monday;
the second Monday in September;
the date on which the person becomes engaged full-time in gainful employment;
the person’s 19th birthday.
A person who, as at the date of the member’s death, is aged under 23 and is taking a break from full-time education or vocational training for a period not exceeding 15 months is assumed to be continuing in such education or training during the break for the purpose of determining—
whether the person is an eligible child at that date (but not at any later date); and
the number of eligible children in respect of whom pensions are payable under regulation 72 (“surviving children’s pensions”) immediately after that date.
A person who is prevented from continuing in full-time education or vocational training on account of ill-health is treated for the purposes of condition B and paragraph (6) as continuing to be in such education or training until the person is no longer so prevented.
Paragraph (7) does not apply at any time when the person’s health is such that it is reasonable to assume that they will not be capable of undertaking any further education or training.
Nothing in paragraph (6) requires a pension to be paid in respect of the person during the break in the person’s education or training.