The National Health Service Superannuation Scheme (Scotland) Amendment Regulations 2008

Amendment of regulation H1

33.—(1) Regulation H1 (dependent child) is amended as follows.

(2) In paragraph (1)–

(a) in sub-paragraph (c)(1), for “or civil partner” substitute “, civil partner or nominated partner”; and

(b) after sub-paragraph (d) insert–

• “; or

  (e)

  a child of a member’s nominated partner from a nominated partnership formed before the date on which the member leaves pensionable employment,”.

(3) After paragraph (2) insert–

“(2A) A child is a dependent child of a person whose pensionable employment ceases on or after 1st April 2008 for so long as he is–

(a) under age 23; or

(b) aged 23 or over and incapable of earning a living because of permanent physical or mental infirmity from which he was suffering at the time the member died.”.

(4) In paragraph (3)(2), for “A child is a dependent child” substitute “Subject to paragraphs (6) and (7), a child is a dependent child of a person whose pensionable employment ceases on or before 31st March 2008”.

(1)

Sub-paragraph (c) was amended by S.S.I. 2005/544.

(2)

Paragraph (3) was amended by S.S.I. 2006/307.