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The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005

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72.—(1) Section 8 (rate of children’s pension) is amended as follows.

(2) In subsection (1), after “surviving spouse” insert “or surviving civil partner”.

(3) In subsection (2), after “surviving spouse”, in each place, insert “or surviving civil partner”.

(4) For subsection (3) substitute—

(3) Where the deceased—

(a)leaves a surviving spouse who re-marries or forms a civil partnership, or

(b)leaves a surviving civil partner who marries or forms a subsequent civil partnership,

the Treasury may, if they think fit, direct that subsection (1) above shall apply instead of subsection (2) above as respects any period when the surviving spouse or surviving civil partner has a spouse or civil partner..

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