Regulation 3.E.13 Amount of children’s pension under regulation 3.E.8: recent leaversF1

England and Wales

(1)

This regulation applies for determining the annual amount of the pension payable under regulation 3.E.8(1) if at the date of death the deceased was a recent leaver.

(2)

That amount is the appropriate fraction of the basic death pension.

(3)

In this regulation—

(F2a)

“the basic death pension” means twice the appropriate proportion of the pension to which the deceased would be entitled to—

(i)

if the deceased had become entitled to a pension under regulation 3.D.7(5), or

(ii)

if greater, the amount that the member’s pension would have been if it had been based on 10 years’ pensionable service (disregarding any additional pension), and

(b)

“the appropriate fraction” means—

(i)

if there is a surviving parent of the dependant child or children or a surviving spouse or civil partner of a parent of the dependent child or children and a surviving adult’s pension is payable—

(aa)

one-quarter if there is only one dependent child, and

(bb)

one-half if there are two or more dependent children,

(ii)

otherwise—

(aa)

one-third if there is only one dependent child, and

(bb)

two-thirds if there are two or more dependent children.

Annotations

Textual amendments

F1: Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
F2: Reg. 3.E.13(3)(a) substituted (1.4.2009 with effect from 1.4.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2)(4), 74 (with reg. 89)