# The Armed Forces Pension Scheme Order 2005, Paragraph 73: Application and Interpretation of this Part


(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—
(a)in England and Wales, and Northern Ireland, a person over the age of 18;
(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—
(a)in England and Wales, and Northern Ireland, a person under the age of 18;
(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—
(a)Grant of Probate, or
(b)Grant of Letters of Administration, or
(c)Confirmation
issued in respect of M’s estate;
“surviving adult” means—
(a)a surviving spouse,
(b)a surviving civil partner, or
(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.

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Source: https://www.legislation.gov.uk/uksi/2005/438/schedule/3/paragraph/73 (the official version)
Page: https://openlegislation.uk/armed-forces-pension-scheme-order-2005/schedule-3/paragraph-73
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

