Regulation 31 Award of children's pension
Only one children's pension shall be granted in respect of the service of any one person, but—
the rate thereof may vary according to the number of persons for whose benefit it may for the time being enure; and
it shall be paid to such person or persons as the Minister may from time to time direct, and different parts thereof may be directed to be paid to different persons; and
the person to whom all or any part thereof is paid shall apply the sum paid to him, without distinction, for the benefit of all the persons for whose benefit the pension may for the time being enure or for the benefit of such of them as the Minister may from time to time direct.
Subject to the provisions of paragraph (4), where the deceased leaves a widow, the annual rate of a children's pension during her life—
while the said persons are three or more in number, may amount to fifty per centum of the rate of the widow's pension;
while the said persons are two in number, may amount to forty per centum of the rate of the widow's pension;
while there is only one such person, may amount to twenty per centum of the rate of the widow's pension:
Provided that—
where all the persons for whose benefit a children's pension may enure were at the time of the death of the deceased in the care of some person other than the widow, the Minister may, if he thinks fit, direct that paragraph (3) of this regulation shall apply notwithstanding that the widow is still alive; and
where some but not all of those persons were at that time in the care of some person other than the widow, the annual rate of the children's pension may, if the Minister thinks fit, amount to the sum of the rate to which it might have amounted if those persons were left out of account and the rate to which it might have amounted if the widow were dead and the other persons were left out of account, so, however, that in no case shall the annual rate of the pension amount to more than one hundred and twenty per centum of the rate of the widow's pension.
Where the deceased leaves no widow, or, if he leaves a widow, after her death, the annual rate of a children's pension may amount—
while the persons for whose benefit it may enure are three or more in number, to one hundred and twenty per centum of the rate of the widow's pension;
while the said persons are two in number, to the rate of the widow's pension;
while there is only one such person, to seventy five per centum of the rate of the widow's pension.
Notwithstanding anything in the preceding provisions of this regulation, where the deceased leaves a widow and no widow's pension is granted to her or, if one is granted to her, it ceases to be paid before her death, no children's pension shall be payable in respect of any period comprised within the lifetime of the widow or within the time in respect of which no widow's pension is payable, as the case may be, unless the Minister specially directs that such a pension shall be so payable. If the Minister does specially so direct, he may, if he thinks fit, further direct that a pension, at a rate not exceeding whichever of those prescribed in paragraph (3) of this regulation may be appropriate, shall apply as respects any such period notwithstanding that the widow may be alive.
For the purpose of this regulation the expression “the rate of the widow's pension” means the annual rate of the widow's pension prescribed in paragraph (3) or (4) of regulation 29, as appropriate to the deceased, notwithstanding that such widow's pension may not actually be granted.