Regulation 6 Pensions for children
In paragraph (1) of regulation K3 in the Principal Regulations after “1998” there shall be inserted “and before 1st April 2001”.
After paragraph (1) of regulation K3 in the Principal Regulations there shall be added:—
“(1A)Subject to the provisions of this regulation, a pension shall be payable for the benefit of any relevant child or children of a person who has died on or after 1st April 2001, if at the time of his death the conditions specified in regulation K2(1)(b) are fulfilled in his case.”
In paragraph (3) of regulation K3 in the Principal Regulations for the word “left” there shall be substituted the words “died before 1st April 2001 leaving”.
Schedule 5 to the Principal Regulations shall be amended as follows:—
after paragraph 1 there shall be added:—
“(1A)Paragraphs 3 to 6 of this Schedule apply where the deceased died on or after 6th April 1988 and before 1st April 2001 and paragraphs 7 to 8 apply where the deceased died on or after 1st April 2001.”
before paragraph 3 there shall be inserted the heading:—
“Where the deceased died on or after 6th April 1988 and before 1st April 2001”
at the end of the Schedule there shall be added:—
“Where the deceased died on or after 1st April 2001
7(1)A child of a former husband or wife, as the case may be, of the deceased shall not be treated as a relevant child for the purposes of regulation K3 if he was born or became his or her adopted child after the termination of the marriage.
(2)Notwithstanding sub-paragraph (1) above, the Trustees may direct that the adopted child shall be treated as a relevant child if they are satisfied that the deceased and his or her husband or wife before the termination of their marriage already formed the intention of adopting the child and the child was at the time of the deceased’s death wholly dependant on the deceased.”