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Regulation 90 Increase in eligible child’s pension where there is no surviving partnerI1

United Kingdom

(1)

This regulation applies if at the date of the member’s death there was no person who was entitled to a surviving partner’s pension.

(2)

If this regulation applies and there is an eligible child, that child is also entitled to the amount of pension in accordance with paragraphs (3) or (4) which the surviving partner would have received—

(a)

under regulation 78 (surviving partner’s pension payable on death of active member) if the member (P) was an active member at the date of P’s death;

(b)

under regulation 79 (surviving partner’s pension payable on death of deferred member) if P was a deferred member at the date of P’s death;

(c)

under regulation 80 (surviving partner’s pension payable on death of pensioner member) if P was a pensioner member at the date of P’s death.

(3)

If there is only one eligible child, that child receives an additional amount equal to the amount ascertained in accordance with paragraph (2).

(4)

If there is more than one eligible child at the date of P’s death, the amount ascertained in accordance with paragraph (2) is divided between the number of eligible children so that each eligible child receives an equal share.

(5)

If a person ceases to be an eligible child, that person’s share of the amount ascertained in accordance with paragraph (2) will cease to be paid and the share must be distributed between the remaining eligible children (if any).

Annotations

Commencement

I1

Reg. 90 in force at 1.4.2015, see reg. 1(2)