Paragraph 1 I1

Northern Ireland

(1)

Subject to paragraphs 2 and 3, the amount of an ordinary allowance is the appropriate percentage of the base pension described in sub-paragraph (4).

(2)

Where one of the child’s parents is alive—

(a)

if fewer than 3 ordinary allowances are payable in respect of the death, the appropriate percentage is 18.75; and

(b)

if 3 or more ordinary allowances are payable, the appropriate percentage is 37.5 divided by the number of allowances.

(3)

In respect of any period during which neither of the child’s parents is alive—

(a)

if fewer than 3 ordinary allowances are payable in respect of the death, the appropriate percentage is 25; and

(b)

if 3 or more ordinary allowances are payable, the appropriate percentage is 50 divided by the number of allowances.

(4)

The base pension mentioned in sub-paragraph (1) is—

(a)

where article 33(1)(a) applies, the higher tier ill-health pension to which the deceased would have been entitled had he retired with such a pension immediately before he died;

(b)

where article 33(1)(b) applies, the ordinary, short service or ill-health pension the deceased was receiving;

(c)

where article 33(1)(c) applies, the ill-health pension which the deceased would have been receiving if he had not ceased to be entitled to it; and

(d)

where article 33(1)(d) applies, the ill-health pension to which the deceased would have been entitled had he retired in circumstances entitling him to such a pension,

disregarding, in each case, the provisions for reduction contained in article 18(10) (commutation), article 20(9) (allocation) and Parts VI and VII of Schedule 2 (reduction of pension at state pensionable age and related to up-rating of widow’s pensions) but taking into account of Part IV of Schedule 2 (calculation of awards for part-time service).

Annotations

Commencement

I1: Sch. 4 Pt. 1 para. 1 in operation at 1.4.2006, see art. 1(2)