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Paragraph 73 Application and Interpretation of this PartF1

(1)

This Part applies where a remedy member (“M”) has died and an eligible decision-maker is required to make a decision or election under this Schedule.

(2)

In this Part—

  • “adult” means—

    1. (a)

      in England and Wales, and Northern Ireland, a person over the age of 18;

    2. (b)

      in Scotland, a person over the age of 16;

  • “beneficiary” means a person who has become entitled to receive any death benefit;

  • “child”, except in the term “eligible child”, means—

    1. (a)

      in England and Wales, and Northern Ireland, a person under the age of 18;

    2. (b)

      in Scotland, a person under the age of 16;

  • “death benefit” means a benefit payable under Part E of Schedule 1 or Part 6 of the AFP Regulations 2014 in relation to the death of a member;

  • “guardian” means a person with parental responsibility for a child, and where there is more than one person with parental responsibility for a child, the person with whom the child usually resides;

  • “personal representative” means the person or persons named in the—

    1. (a)

      Grant of Probate, or

    2. (b)

      Grant of Letters of Administration, or

    3. (c)

      Confirmation

    issued in respect of M’s estate;

  • “surviving adult” means—

    1. (a)

      a surviving spouse,

    2. (b)

      a surviving civil partner, or

    3. (c)

      a surviving adult dependant within the meaning of regulation 67 of the AFP Regulations 2014.

(3)

In this Part, a reference to—

(a)

a beneficiary is a reference to a beneficiary of death benefits in relation to M’s remediable service;

(b)

an eligible child is a reference to an eligible child of M;

(c)

a surviving adult is a reference to a surviving adult in relation to M.

Annotations

Textual amendments

F1

Sch. 3 inserted (1.10.2023) by The Armed Forces Pensions (Remediable Service) Regulations 2023 (S.I. 2023/998), reg. 1(b), Sch. 2

Notes on Schedule 3

Modifications

C1

Schs. 1-3 modified (14.7.2026 for the tax year 2014-15 and subsequent tax years) by The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) Regulations 2026 (S.I. 2026/673), regs. 1(2), 10