Section 8 Rate of children’s pension.
United Kingdom
Where the deceased leaves no surviving spouse F1or surviving civil partner, the annual rate of a children’s pension shall be—
while the eligible children of the deceased are two or more in number, two-thirds of the annual rate of the deceased’s judicial pension; and
while there is only one eligible child of the deceased, one-third of the annual rate of the deceased’s judicial pension.
Where the deceased leaves a surviving spouse F2or surviving civil partner, the annual rate of a children’s pension during the life of the surviving spouse or surviving civil partner shall be—
while the eligible children of the deceased are two or more in number, one-half of the annual rate of the deceased’s judicial pension; and
while there is only one eligible child of the deceased, one-quarter of the annual rate of the deceased’s judicial pension;
and the annual rate of the children’s pension after the death of the surviving spouse or surviving civil partner shall be the rate specified in paragraph (a) or, as the case may be, paragraph (b) of subsection (1) above.
Where the deceased—
leaves a surviving spouse who re-marries or forms a civil partnership, or
leaves a surviving civil partner who marries or forms a subsequent civil partnership,
the Treasury may, if they think fit, direct that subsection (1) above shall apply instead of subsection (2) above as respects any period when the surviving spouse or surviving civil partner has a spouse or civil partner.
“The annual rate of the deceased’s judicial pension” has the same meaning for the purposes of this section as it has for the purposes of section 5 above.
Section 5(7) accordingly applies for the purposes of this section in a case within section 5(6)(c), but as if the reference in section 5(7)(b) to the benefits payable on the deceased’s death included a reference to benefits payable to surviving dependants of the deceased.
Annotations
Textual amendments
- F1
Words in s. 8(1) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 72(2)
- F2
Words in s. 8(2) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 72(3)
- F3
S. 8(3) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 72(4)
- F4
S. 8(5) inserted (1.4.2015) by The Judicial Pensions Regulations 2015 (S.I. 2015/182), reg. 1(4), Sch. 3 para. 12(5) (with regs. 148, 160) and (N.I.) by The Judicial Pensions Regulations (Northern Ireland) 2015 (S.R. 2015/76), reg. 1(3), Sch. 3 para. 11(5)
Modifications
- C1
s. 8(1)(2)(3) applied (with modifications) (E.W.S) (31.3.1995) by S.I. 1995/634, art. 6(1)
- C2
S. 8(1)(2)(3) applied (with modifications) (N.I.) (1.11.1995) by S.R. 1995/388, art. 6(1)
Notes on Part I
Modifications
- C1
Pt. I (ss. 1-18) applied with modifications (31.3.1995) by 1967 c. 13, Sch. 1 para. 4(1) (as substituted (31.3.1995) by 1993 c. 8, s. 25, Sch. 4 Pt. II para. 2); S.I. 1995/631, art. 2)
Pt. I (ss. 1-18) applied with modifications (31.3.1995) by S.I. 1987/460 (N.I. 5), art. 4A (as inserted (31.3.1995) by 1993 c. 8, s. 25, Sch. 4 Pt. IV para. 5(4)); S.I. 1995/631, art. 2
Pt. I (ss. 1-18) applied with modifications (31.3.1995) by 1969 c. 10 (N.I.), Sch. 1A para. 4(1) (as inserted (31.3.1995) by 1993 c. 8, s. 25, Sch. 4 Pt. V para. 6(6); S.I. 1995/631, art. 2)
Pt. I (ss. 1-18) applied (31.3.1995) by S.I. 1995/639, reg. 4.11(1)
Pt. I (ss. 1-18) extended (16.7.1996) by S.I. 1996/1297 (N.I. 7), art. 4(4), Sch. 1, para. 6(1)
Pt. I (ss. 1-18) extended (with modifications) (except ss. 1(1)-(4), 2) (16.7.1996) by S.I. 1996/1297 (N.I. 7), art. 4(4), Sch. 1 para. 6(2)(3)(4)
Pt. I (ss. 1-18) extended (with modifications) (except ss. 1(1)-(4), 2) (16.7.1996) by S.I. 1996/1298 (N.I. 8), art. 5(4), Sch. 1 para. 6(2)(3)(4)
Pt. I (ss. 1-18) extended (16.7.1996) by S.I. 1996/1298 (N.I. 8), art. 5(4), Sch. 1 para. 6(1)
- C2
Pt. 1 applied (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(2), 148(5), Sch. 9 para. 11(4)(5); S.I. 2008/2696, art. 5(d) (with art. 3)