{
  "url": "https://openlegislation.uk/local-government-pension-scheme-scotland-regulations-1998/regulation-44",
  "json_url": "https://openlegislation.uk/local-government-pension-scheme-scotland-regulations-1998/regulation-44.json",
  "legislation": "uksi/1998/366",
  "legislation_title": "The Local Government Pension Scheme (Scotland) Regulations 1998",
  "legislation_url": "https://openlegislation.uk/local-government-pension-scheme-scotland-regulations-1998",
  "path": "regulation/44",
  "kind": "regulation",
  "number": "44",
  "heading": "Children’s short-term pensions",
  "text": "(1) If an active or pensioner member dies leaving one or more eligible children, they are entitled to a children’s short-term pension.\n(2) If a short-term pension is payable to a surviving spouse under regulation 39, the children’s short-term pension is payable only for three months after the death.\n(3) Otherwise, it is payable for six months after the death.\n(4) Where the deceased was an active member, the pension is the greater of–\n(a) the deceased’s final pay; or\n(b) (3 × his final pay)80×his total membership.\n(5) Where the deceased was a pensioner member, the pension is equal to his retirement pension immediately before the death.\n(6) Where, if a children’s long-term pension and a surviving spouse’s long-term pension were payable instead of short-term pensions, that would result in a greater aggregate pension, long-term pensions shall be payable instead of short-term pensions.\n(7) Where–\n(a) a children’s short-term pension is payable for a child who is not in the care of a person to whom a short-term pension is payable (or would be payable apart from paragraph (6)); and\n(b) a children’s long-term pension would be greater,\nthe long-term pension shall be payable instead of the short-term pension.\n(8) In this regulation “pensioner member” includes a person whose retirement pension has been commuted under regulation 49 (commutation: exceptional ill-health).",
  "extent": "E+W+S",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 44 in force at 1.4.1998, see reg. 1"
    }
  ],
  "outstanding_effects": [
    {
      "type": "coming into force",
      "affecting": "uksi/1998/366",
      "affecting_title": "The Local Government Pension Scheme (Scotland) Regulations 1998"
    },
    {
      "type": "amended",
      "affecting": "ssi/2000/199",
      "affecting_title": "The Local Government Pension Scheme (Scotland) Amendment Regulations 2000"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2001/23",
      "affecting_title": "The Local Government Pension Scheme (Pension Sharing on Divorce) (Scotland) Regulations 2001"
    },
    {
      "type": "am",
      "affecting": "ssi/2005/554",
      "affecting_title": "The Local Government Pensions Etc. (Civil Partnership) (Scotland) Amendment Regulations 2005"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1998/366/regulation/44",
    "retrieved_at": "2026-10-29T11:37:18.437535+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."
}