{
  "url": "https://openlegislation.uk/parliamentary-pensions-consolidation-and-amendment-regulations-1993/schedule-12/paragraph-5",
  "json_url": "https://openlegislation.uk/parliamentary-pensions-consolidation-and-amendment-regulations-1993/schedule-12/paragraph-5.json",
  "legislation": "uksi/1993/3253",
  "legislation_title": "The Parliamentary Pensions (Consolidation and Amendment) Regulations 1993",
  "legislation_url": "https://openlegislation.uk/parliamentary-pensions-consolidation-and-amendment-regulations-1993",
  "path": "schedule/12/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": "Children of persons with service between 1st January 1972 and 1st August 1978",
  "text": "(1) A children’s pension shall be payable under and subject to the provisions of this paragraph for the benefit of any relevant child or children of a person who has been a participant on or after 1st January 1972 and who is or has been married, if at the time of his death the condition specified in paragraph 1(1)(a) or in paragraph 1(1)(b) of this Schedule is fulfilled in his case and if he has not been a Member of the House of Commons and has not held a qualifying office at any time after 1st August 1978.\n(2) Subject to the next following sub-paragraph, the annual amount of a children’s pension payable under this paragraph for the benefit of any relevant child or children of a person who has died on or after 6th April 1988 shall be:\n(a) 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\n(b) 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.\n(3) 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 paragraph 1 or paragraph 3 to this Schedule, and that pension—\n(a) has ceased to be payable in consequence of the remarriage of the widow or widower, or\n(b) was not payable, or has ceased to be payable, by reason of the provision as to cohabitation, any children’s pension under this section 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; and if the Trustees so direct, they may, if they think fit, further direct that sub-paragraph (2)(b) of this paragraph shall apply as if the widow or widower had died.\n(4) A children’s pension under this paragraph 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 children of the deceased or such of them as the Trustees may from time to time direct.\n(5) In this paragraph “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 5) means any child of the deceased, or of any wife or husband of the deceased who—\n(a) is under sixteen years of age, or\n(b) is under twenty-two years of age and is within his period of full-time education as defined by that Schedule, or\n(c) 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 paragraph (a) or paragraph (b) of this sub-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\n“the provision as to cohabitation” means paragraph 1(4) of this Schedule, or that paragraph as applied by paragraph 3(5).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1993/3253/schedule/12/paragraph/5",
    "retrieved_at": "2026-10-29T13:43:34.947939+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}