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Regulation 43 Meaning of “eligible child”I1

England, Wales and Scotland Not yet in force

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

(1)

The eligible child of a deceased member is–

(a)

a child of the deceased’s marriage or his adopted child; or

(b)

a child who was wholly or mainly dependent on the deceased at the time of his death.

(2)

A person counts as a child only if–

(a)

he is aged under 17;

(b)

since he became 17 he has been engaged continuously in full-time education or in training for a trade, profession or vocation; or

(c)

he is physically or mentally incapacitated and became so whilst a child within sub-paragraph (a) or (b).

(3)

If an appropriate administering authority wish, they may treat education or training as continuous despite a break.

Annotations

Commencement

I1

Reg. 43 in force at 1.4.1998, see reg. 1