Regulation E28 Commencement and duration of long-term family pensions

–

(1)

A pension under regulation E25 payable to a surviving spouse or a nominated beneficiary (“an adult pension”) shall be paid–

(a)

from the day on which any short-term pension that became so payable under regulation E23 ceases to be payable; or

(b)

if no short term pension became payable, from the day after that of the death.

(2)

Subject to paragraph (3), an adult pension shall be payable for life.

(3)

Subject to regulation E1(2)(c) and (d) (guaranteed minimum pension for surviving spouse), an adult pension–

(a)

shall not, unless the Secretary of State determines otherwise in the particular case, be payable during any subsequent marriage or any period of cohabitation outside marriage; and

(b)

if the Secretary of State so decides, may be payable upon the former recipient again becoming a widow or widower or on the termination of any such marriage or, as the case may be, of the period of cohabitation.

(4)

A pension under regulation E25 payable to or for the benefit of a child or children (“a children’s pension”) shall be paid–

(a)

from the day on which any short-term pension that became so payable, or payable to a surviving spouse or a nominated beneficiary, under regulation E23 ceases to be payable; or

(b)

if no short-term pension became payable, from the day after that of the death.

(5)

A children’s pension ceases to be payable to a person or for his benefit when he ceases to be a child.