OpenLegislation

Regulation 30 Children's pension

Original text. Later amendments are not shown.

(1)

A children's pension shall be granted if and be paid so long as and whenever there are persons for whose benefit it may enure.

(2)

Subject to the provisions of these Regulations, the persons for whose benefit a children's pension may enure are the children of the deceased or of any wife of his who are for the time being in their period of childhood and full-time education.

(3)

A children's pension shall not enure—

(a)

for the benefit of any illegitimate or adopted child of the deceased, if he was born, or, as the case may be, adopted, after the termination of the deceased's last marriage or after the deceased had attained the pension age; or

(b)

for the benefit of any child of a wife of the deceased, if he was born or became her child after the termination of the marriage or after the deceased had attained the pension age.

(4)

A children's pension shall not be granted for the benefit of any person who is—

(a)

an illegitimate child of the deceased; or

(b)

a stepchild of the deceased and a child of a wife of his; or

(c)

a stepchild, adopted child or illegitimate child of a wife of the deceased,

unless the Minister is satisfied that he was wholly or mainly dependent on the deceased at the time of his death.

(5)

A children's pension shall not enure for the benefit of a female person who at the time of the death of the deceased was married or was cohabiting with any person, and if, after the death of the deceased, a female person marries or cohabits with any person, she shall thereupon cease to be a person for whose benefit a children's pension may enure:

Provided that where—

(a)

a pension is withheld or ceases by virtue of this paragraph; and

(b)

the Minister is satisfied at a subsequent date that the marriage or cohabitation has come to an end or that there are compassionate grounds for reinstating the pension notwithstanding the marriage, the Minister may, if he thinks fit, grant the pension, or, as the case may be, permit the pension to enure for her benefit as from that date.