Article 28 Allowances for children under the child's age limit
(1)
A children's allowance shall be awarded in respect of a child of a member of the armed forces whose death is due to service where the child—
(a)
has not attained the child's age limit; and
(b)
is not eligible for an award of pension under article 29.
(2)
A children's allowance shall be—
(a)
at the appropriate rate specified in paragraph 4(a) of Part III of Schedule 2 where the child lives with a parent; or
(b)
at a rate not exceeding the appropriate rate specified in paragraph 4(b) of Part III of Schedule 2 where the child does not live with a parent or with a person who is or has been in receipt of a pension awarded under articles 23, 24 or 31 in respect of the death of that member.