OpenLegislation

Regulation E10 Children’s special short-term pension

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

(1)

If at the time of his death a man was in a local government employment and—

(a)

the total of his reckonable service and any qualifying service is less than 5 years, and

(b)

he leaves one or more eligible children, and

(c)

any such child is in the care of a guardian,

a children’s special short-term pension at an annual rate equal to the deceased’s pensionable remuneration shall be paid to the guardian.

(2)

In this regulation “guardian” means a person who is not entitled in respect of the deceased to either—

(a)

a widow’s special short-term pension by virtue of regulation E7, or

(b)

a widow’s short-term pension and a widow’s long-term pension by virtue of regulation E5(1)(c)(ii).

(3)

Where the deceased left a widow who is entitled as mentioned in paragraph (2)(a) or (b)—

(a)

if there is no eligible child in the widow’s care, the pension is payable to the guardian—

(i)

for 1 and one half months after the day of death if there is one eligible child in the care of the guardian, and

(ii)

for 3 months after the day of death if there are two or more eligible children in the care of the guardian, and

(b)

if there is an eligible child in the widow’s care, the pension is payable to the guardian for 1 and one half months after the day of death.

(4)

Where the deceased did not leave a widow who is entitled as mentioned in paragraph (2)(a) or (b), the pension is payable to the guardian—

(a)

for 2 months after the day of death if there is one eligible child in the care of the guardian, and

(b)

for 4 months after the day of death if there are two or more eligible children in the care of the guardian.