Regulation 33 Amendment of regulation H1

(1)

Regulation H1 (dependent child) is amended as follows.

(2)

In paragraph (1)–

(a)

in sub-paragraph (c)^f1, for “or civil partner” substitute “, civil partner or nominated partner”; and

(b)

after sub-paragraph (d) insert–

“; or

(e)

a child of a member’s nominated partner from a nominated partnership formed before the date on which the member leaves pensionable employment,”.

(3)

After paragraph (2) insert–

“(2A)

A child is a dependent child of a person whose pensionable employment ceases on or after 1st April 2008 for so long as he is–

(a)

under age 23; or

(b)

aged 23 or over and incapable of earning a living because of permanent physical or mental infirmity from which he was suffering at the time the member died.”.

(4)

In paragraph (3)^f2, for “A child is a dependent child” substitute “Subject to paragraphs (6) and (7), a child is a dependent child of a person whose pensionable employment ceases on or before 31st March 2008”.

Annotations

Footnotes

f1: Sub-paragraph (c) was amended by S.S.I. 2005/544.
f2: Paragraph (3) was amended by S.S.I. 2006/307.