{
  "url": "https://openlegislation.uk/firefighters-pension-scheme-scotland-order-2007/schedule-1/part-4/chapter-2/paragraph-7",
  "json_url": "https://openlegislation.uk/firefighters-pension-scheme-scotland-order-2007/schedule-1/part-4/chapter-2/paragraph-7.json",
  "legislation": "ssi/2007/199",
  "legislation_title": "The Firefighters' Pension Scheme (Scotland) Order 2007",
  "legislation_url": "https://openlegislation.uk/firefighters-pension-scheme-scotland-order-2007",
  "path": "schedule/1/part/4/chapter/2/paragraph/7",
  "kind": "paragraph",
  "number": "7",
  "heading": "Child’s pension: limitations and duration",
  "text": "(1) Subject to paragraphs (2) and (3), a child is not eligible if the child–\n(a) is aged 18 or older; or\n(b) has ceased full-time education and is in paid employment; or\n(c) is married or has entered into a civil partnership.\n(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.\n(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.\n(4) A child is not eligible if the child is convicted of the murder of the deceased, but this is subject to paragraph (6).\n(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–\n(a) in whole or in part; and\n(b) permanently or temporarily.\n(6) Where a conviction of the description mentioned in paragraph (4) is quashed on appeal–\n(a) a child’s pension shall be payable from the day after that on which the deceased died; and\n(b) the authority shall, as soon as reasonably practicable after the conviction is quashed, pay the arrears of pension accrued.\n(7) Where–\n(a) a conviction of the description mentioned in paragraph (5) is quashed on appeal; and\n(b) the authority have withheld any part of the child’s pension,\nthe 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.\n(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.\n(9) A child’s pension ceases to be payable–\n(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\n(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\n(c) where paragraph (3) applies, when the authority are satisfied–\n(i) that the child is no longer permanently disabled; or\n(ii) that the child’s pension should not have been awarded.\n(10) Unless paragraph (9)(c) applies, a pension for which a child is eligible as mentioned in paragraph (3) is payable for life.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "inserted",
      "affecting": "ssi/2012/107",
      "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment Order 2012"
    },
    {
      "type": "words substituted",
      "affecting": "ssi/2019/358",
      "affecting_title": "The Firefighters’ Pension Schemes (Scotland) Amendment Order 2019"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2010/234",
      "affecting_title": "The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2010/65",
      "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Order 2007 Amendment Order 2010"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2010/333",
      "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Order 2007 Amendment (No. 2) Order 2010"
    },
    {
      "type": "omitted",
      "affecting": "ssi/2013/186",
      "affecting_title": "The Fire Reform (Pensions Amendments) (Scotland) Order 2013"
    },
    {
      "type": "words substituted",
      "affecting": "ssi/2019/358",
      "affecting_title": "The Firefighters’ Pension Schemes (Scotland) Amendment Order 2019"
    },
    {
      "type": "words substituted",
      "affecting": "ssi/2019/358",
      "affecting_title": "The Firefighters’ Pension Schemes (Scotland) Amendment Order 2019"
    },
    {
      "type": "words substituted",
      "affecting": "ssi/2019/358",
      "affecting_title": "The Firefighters’ Pension Schemes (Scotland) Amendment Order 2019"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2014/110",
      "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment (No. 2) Order 2014"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2014/110",
      "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment (No. 2) Order 2014"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2014/110",
      "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment (No. 2) Order 2014"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2014/110",
      "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment (No. 2) Order 2014"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2014/110",
      "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment (No. 2) Order 2014"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2014/110",
      "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment (No. 2) Order 2014"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2014/110",
      "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment (No. 2) Order 2014"
    },
    {
      "type": "words substituted",
      "affecting": "ssi/2014/110",
      "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment (No. 2) Order 2014"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2014/110",
      "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment (No. 2) Order 2014"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2014/110",
      "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment (No. 2) Order 2014"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2007/199/schedule/1/part/4/chapter/2/paragraph/7",
    "retrieved_at": "2026-11-06T03:33:39.505945+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."
}