{
  "url": "https://openlegislation.uk/armed-forces-pension-scheme-order-2005/schedule-3/paragraph-73",
  "json_url": "https://openlegislation.uk/armed-forces-pension-scheme-order-2005/schedule-3/paragraph-73.json",
  "legislation": "uksi/2005/438",
  "legislation_title": "The Armed Forces Pension Scheme Order 2005",
  "legislation_url": "https://openlegislation.uk/armed-forces-pension-scheme-order-2005",
  "path": "schedule/3/paragraph/73",
  "kind": "paragraph",
  "number": "73",
  "heading": "Application and Interpretation of this Part",
  "text": "(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.\n(2) In this Part—\n“adult” means—\n(a)in England and Wales, and Northern Ireland, a person over the age of 18;\n(b)in Scotland, a person over the age of 16;\n“beneficiary” means a person who has become entitled to receive any death benefit;\n“child”, except in the term “eligible child”, means—\n(a)in England and Wales, and Northern Ireland, a person under the age of 18;\n(b)in Scotland, a person under the age of 16;\n“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;\n“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;\n“personal representative” means the person or persons named in the—\n(a)Grant of Probate, or\n(b)Grant of Letters of Administration, or\n(c)Confirmation\nissued in respect of M’s estate;\n“surviving adult” means—\n(a)a surviving spouse,\n(b)a surviving civil partner, or\n(c)a surviving adult dependant within the meaning of regulation 67 of the AFP Regulations 2014.\n(3) In this Part, a reference to—\n(a) a beneficiary is a reference to a beneficiary of death benefits in relation to M’s remediable service;\n(b) an eligible child is a reference to an eligible child of M;\n(c) a surviving adult is a reference to a surviving adult in relation to M.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 3 inserted (1.10.2023) by The Armed Forces Pensions (Remediable Service) Regulations 2023 (S.I. 2023/998), reg. 1(b), Sch. 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/438/schedule/3/paragraph/73",
    "retrieved_at": "2026-10-29T05:08:49.366834+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}