Regulation K3 Pensions for Children
Subject to the provisions of this regulation, a children’s pension shall be payable for the benefit of any relevant child or children of a person who has died on or after 6th April 1988 and who is or has been married, if at the time of his death the conditions specified in regulation K2(1)(b) are fulfilled in his case.
The annual amount of a children’s pension payable under this regulation for the benefit of any relevant child or children of a person who has died in the circumstances mentioned in the previous paragraph shall be:
a sum equal to one-quarter of the basic or prospective pension or pensions of the deceased if there is one child or, if there is more than one, a sum equal to three-sixteenths of the basic or prospective pension or pensions of the deceased for each relevant child not exceeding two; or
if the widow or widower is dead and subject to paragraph (4) below, a sum equal to five-sixteenths of the basic or prospective pension or pensions of the deceased for each relevant child not exceeding two.
Where the deceased left a widow or widower who was (or, apart from the provision as to cohabitation, would have been) entitled to a pension under regulation K2 and that pension—
has ceased to be payable in consequence of the remarriage of the widow or widower, or
was not payable, or has ceased to be payable, by reason of the provision as to cohabitation, any children’s pension under this regulation shall cease to be payable or, as the case may be, shall not be payable, unless and until the Trustees for exceptional reasons direct that the children’s pension shall be payable.
A children’s pension under this regulation shall be paid to or distributed between such person or persons as the Trustees may from time to time direct, and shall be applied by that person or those persons, without distinction, for the benefit of the relevant child or relevant children of the deceased or such of them as the Trustees may from time to time direct.
In this regulation “child” in relation to any person includes an illegitimate child, a stepchild or an adopted child and “relevant child” (subject to the provisions of Schedule 6) means any child of the deceased, or of any wife or husband of the deceased, who—
is under seventeen years of age; or
is under twenty-two years of age and is within his period of full-time education as defined by Schedule 5; or
was at the time of the death of the deceased wholly or mainly dependent on the deceased and was at that time and has at all times since been either a person falling within subparagraph (a) or (b) of this paragraph or incapable, and likely to remain permanently incapable, by reason of bodily or mental infirmity, of earning his own living, and is not for the time being maintained out of moneys provided by Parliament in a hospital or similar institution so maintained,
and “the provision as to cohabitation” means regulation K2(4).