OpenLegislation

Paragraph 9 Bereavement pension: children

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

(1)

Where—

(a)

no person is entitled to a survivor’s pension under rule 1 of Chapter 1, and

(b)

a child of the deceased is eligible for a child pension (“eligible child”),

the authority must, subject to paragraph (3), pay to the eligible child the amount referred to in paragraph (2) in respect of each of the thirteen weeks following the deceased’s death or, if shorter, each complete week of the period beginning on the day after the deceased’s death and ending on the day on which the child pension ceases to be payable.

(2)

The amount is equal to that which the authority would have paid under paragraph (1) of rule 4 of this Part (bereavement pension: survivors) had a survivor’s pension been payable.

(3)

Where there is more than one eligible child, the amount ascertained in accordance with paragraph (2) is divided equally between the eligible children; but—

(a)

the authority must cease to pay a child’s share as soon as that child’s child pension ceases to be payable; and

(b)

the authority must distribute the share to which the child would otherwise have been entitled equally amount the remaining eligible children.

(4)

Where a person in receipt of a survivor’s bereavement pension dies before the end of the period for which that pension is payable (“the thirteen week period”), the authority must, subject to paragraph (6), pay to the eligible child (if any) a bereavement pension, in respect of each complete week of whichever is the shorter of—

(a)

the period beginning on the day after the survivor’s death and ending at the end of the thirteen week period, and

(b)

the period beginning on the day after the survivor’s death and ending on the day on which the child pension ceases to be payable.

(5)

The amount of a bereavement pension under paragraph (4) is equal to that which the authority would have paid under paragraph (1) of rule 4 of this Part had a survivor’s bereavement pension been payable for the part of the thirteen week period that falls after the survivor’s death.

(6)

Where there is more than one eligible child, the amount ascertained in accordance with paragraph (5) must be divided equally between the eligible children; but—

(a)

the authority must cease to pay a child’s share as soon as that child’s child pension ceases to be payable; and

(b)

the authority must distribute the share to which the child would otherwise have been entitled equally amount the remaining eligible children.