Paragraph 7 Child’s pension: limitations and duration

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 1 Annex A1 inserted by Firefighters’ Pension Scheme 2012 art. 4
sch. 1 Pt. 4 rule 1(1)-(3) words substituted by Firefighters’ Pension Schemes 2019 art. 3(5)(b)
Sch. 1 para. 2(1) words substituted by General and Specialist Medical Practice (Education, Training and Qualifications) 2010 Sch. 3 para. 15
Sch. 1 Pt. 13A inserted by Firefighters’ Pension Scheme Order 2007 2010 Sch.
Sch. 1 Pt. 13B inserted by Firefighters’ Pension Scheme Order 2007 2010 Sch. para. 4
Sch. 1 Pt. 13B omitted by Fire Reform (Pensions Amendments) 2013 art. 20
sch. 1 Pt. 4 Ch. 1 heading words substituted by Firefighters’ Pension Schemes 2019 art. 3(5)(a)
sch. 1 Pt. 4 rule 1 heading words substituted by Firefighters’ Pension Schemes 2019 art. 3(5)(a)
sch. 1 Pt. 4 rule 5 heading words substituted by Firefighters’ Pension Schemes 2019 art. 3(5)(a)
Sch. 1 Annex 3 inserted by Firefighters’ Pension Scheme 2014 Sch. para. 17
Sch. 1 Annex AB1 inserted by Firefighters’ Pension Scheme 2014 Sch. para. 15
Sch. 1 Annex ZA inserted by Firefighters’ Pension Scheme 2014 Sch. para. 13
Sch. 1 Pt. 4 rule 1(1)(a) words inserted by Firefighters’ Pension Scheme 2014 Sch. para. 4(a)(i)
Sch. 1 Pt. 4 rule 1(1)(aa) inserted by Firefighters’ Pension Scheme 2014 Sch. para. 4(a)(ii)
Sch. 1 Pt. 4 rule 1(1)(b)(iii) words inserted by Firefighters’ Pension Scheme 2014 Sch. para. 4(a)(iii)
Sch. 1 Pt. 4 rule 2(4) inserted by Firefighters’ Pension Scheme 2014 Sch. para. 4(b)
Sch. 1 Pt. 4 rule 3(1) words substituted by Firefighters’ Pension Scheme 2014 Sch. para. 4(c)(i)
Sch. 1 Pt. 4 rule 3(3) words inserted by Firefighters’ Pension Scheme 2014 Sch. para. 4(c)(ii)
Sch. 1 Pt. 4 rule 6(a) words inserted by Firefighters’ Pension Scheme 2014 Sch. para. 4(d)

(1)

Subject to paragraphs (2) and (3), a child is not eligible if the child–

(a)

is aged 18 or older; or

(b)

has ceased full-time education and is in paid employment; or

(c)

is married or has entered into a civil partnership.

(2)

A child aged 18 but not more than 23 is eligible if the child is in full-time education or attending a course of at least one year’s duration.

(3)

A child aged 18 or more is eligible if, when the deceased dies, the child is dependent on the deceased by reason of permanent disablement.

(4)

A child is not eligible if the child is convicted of the murder of the deceased, but this is subject to paragraph (6).

(5)

Subject to paragraph (7), where the child is convicted of the culpable homicide or manslaughter of the deceased, the authority may, as they think fit, withhold the child’s pension–

(a)

in whole or in part; and

(b)

permanently or temporarily.

(6)

Where a conviction of the description mentioned in paragraph (4) is quashed on appeal–

(a)

a child’s pension shall be payable from the day after that on which the deceased died; and

(b)

the authority shall, as soon as reasonably practicable after the conviction is quashed, pay the arrears of pension accrued.

(7)

Where–

(a)

a conviction of the description mentioned in paragraph (5) is quashed on appeal; and

(b)

the authority have withheld any part of the child’s pension,

the authority’s decision under paragraph (5) shall be treated as revoked and they shall, as soon as reasonably practicable after the conviction is quashed, pay the arrears of pension accrued from the day after that on which the deceased died.

(8)

Nothing in paragraph (6) or (7) shall affect the application of paragraph (4) or (5) if the child whose conviction is quashed is subsequently convicted of the murder, culpable homicide or manslaughter of the deceased.

(9)

A child’s pension ceases to be payable–

(a)

unless paragraph (2) or (3) applies, on the child’s 18th birthday or on the occurrence of an event referred to in paragraph (1)(b) or (c), whichever first occurs; or

(b)

where paragraph (2) applies, on the child’s 23rd birthday or the day on which the child’s full-time education or course ceases, whichever first occurs; or

(c)

where paragraph (3) applies, when the authority are satisfied–

(i)

that the child is no longer permanently disabled; or

(ii)

that the child’s pension should not have been awarded.

(10)

Unless paragraph (9)(c) applies, a pension for which a child is eligible as mentioned in paragraph (3) is payable for life.