Section 20 Children’s pension: beneficiaries.C1
United Kingdom
A children’s pension may be granted if, and be paid so long as and whenever, there are persons for whose benefit it can enure.
Subject to the provisions of this section, the persons for whose benefit a children’s pension can enure are any such children as are referred to in subsection (1) or subsection (3) of section 18 above, as the case may be, who are for the time being in their period of childhood and full-time education.
A children’s pension cannot enure for the benefit of a person conceived after the end of the deceased’s relevant service.
A children’s pension cannot enure for the benefit of any person who was adopted by the deceased after the end of his relevant service:
Provided that if F1the Treasury is satisfied that a person (“the child”) falling within this subsection was before the end of the relevant service wholly or mainly dependent on the deceased person, and that the deceased person had, before the termination of the relevant service, formed the intention of adopting the child the Treasury may direct that this subsection shall not apply to the child.
A children’s pension cannot enure for the benefit of a female person who at the time of the death of the deceased was married F2or a person who at the time of the death of the deceased was a civil partner and if, after the death of the deceased, a female person marries F3or a person forms a civil partnership, she F4or he shall thereupon cease to be a person for whose benefit a children’s pension can enure.
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Annotations
Textual amendments
- F1
Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 118(4)(a)
- F2
Words in s. 20(5) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 57(2)
- F3
Words in s. 20(5) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 57(3)
- F4
Words in s. 20(5) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 57(4)
- F5
S. 20(6) repealed (1.1.1992) (with saving) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(6)(7), Sch. 19 para. 9, Sch. 20; S.I. 1991/2730, art. 2,Sch.
Modifications
- C1
S. 20 extended by S.I. 1988/1418, arts. 3, 6 and by S.R. (N.I.) 1988/293, art. 6 Table
Notes on Part II
Textual amendments
- F1
Pt. 2 title substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 51
Modifications
- C1
Pt. II (ss. 16-29) modified (31.3.1995) by 1993 c. 8, s. 14(3), (with s. 1); S.I. 1995/631, art. 2
Pt. II (ss. 16-29) excluded (31.3.1995) by 1993 c. 8, s. 14(4), (with s. 1); S.I. 1995/631, art. 2
Notes on Widows', surviving civil partners' and children's pensions
Textual amendments
- F1
Cross-heading preceding s. 18 substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 53