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PART 7N.I.Provision about special cases

CHAPTER 2N.I.Miscellaneous special cases

Protection of the amount of pension payable to an eligible child N.I.

65.—(1) This regulation applies where—

(a)immediately before 1st October 2023, a child pension is in payment to an eligible child (“E”) in respect of the remediable teacher service of a deceased member (“M”),

(b)there is a surviving adult (“S”) in relation to the deceased member,

(c)E is not in the care of S, and

(d)S makes an immediate choice decision which would (disregarding this regulation) result in a decrease in the rate of child pension payable to E in respect of M’s remediable teacher service.

(2) Where this regulation applies—

(a)E does not owe the scheme manager a liability under section 14(3) of PSPJOA 2022 in respect of the child pension, and

(b)the rate of child pension continues to be the rate that was payable before the decision was made.

Commencement Information

I1Reg. 65 in operation at 1.10.2023, see reg. 1