The Judicial Pensions (Fee-Paid Judges) Regulations 2017

Meaning of “eligible child” U.K.

40.—(1) In these Regulations, “ eligible child”, in relation to a deceased member, means a person who meets the age condition or the occupation condition (see regulation 41) and who is—

(a) a natural child of the deceased member,

(b) a person who was adopted by the deceased member before the deceased member retired or, where paragraph (2) applies, after the deceased member retired,

(c) a person who is a child of the deceased member by virtue of a parental order made before the deceased member retired or, where paragraph (2) applies, after the deceased member retired, or

(d) a step-child of the deceased member.

(2) This paragraph applies where the Treasury have issued a direction to the effect that they are satisfied that—

(a) the deceased member had, before the deceased member retired, formed the intention of adopting, or applying for a parental order in respect of, the person; and

(b) immediately before the deceased member retired, the person was wholly or mainly dependent on the deceased member.

(3) In a case where the deceased member died while holding an eligible fee-paid judicial office, the references in paragraphs (1) and (2) to things done before the deceased member's retirement are to be read as references to things done before the deceased member's death.

(4) For the purposes of this regulation a person (“C”) is a “natural child” of person (“P”) if P is C's genetic father or mother (including anyone who is to be treated as C's father, mother or parent under Part 2 of the Human Fertilisation and Embryology Act 2008 F1 (“the 2008 Act”), but not including anyone who is not to be so treated under that Part of that Act).

(5) For the purposes of this regulation a person (“C”) is a “step-child” of a person (“P”) if C—

(a) is not a natural child of P, adopted by P or a child of P by virtue of a parental order, and

(b) meets any of the following conditions.

(6) The first condition is that C—

(a) is a natural child of a person who was at any time the spouse or civil partner of P, and

(b) at the time the marriage or civil partnership was entered into, had been born or conceived.

(7) The second condition is that C—

(a) was adopted by a person who was at any time the spouse or civil partner of P; and

(b) was so adopted—

(i) before the time the marriage or civil partnership was entered into, or

(ii) after the time the marriage or civil partnership was entered into in a case where the adoption proceedings were pending at the time of the marriage or civil partnership.

(8) The third condition is that—

(a) C is, by virtue of a parental order, a child of a person who was at any time the spouse or civil partner of P; and

(b) the parental order was made—

(i) before the time the marriage or civil partnership was entered into, or

(ii) after the time the marriage or civil partnership was entered into in a case where the parental order proceedings were pending at the time of the marriage or civil partnership.

[F2 (9) In this regulation, “parental order” means an order made under section 54 or 54A of the 2008 Act.]

Textual Amendments

F1 2008 c.22.

F2 Reg. 40(9) substituted (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), Sch. 2 para. 15(2)